SEXUAL HARASSMENT IN THE WORKPLACE

[Published in Manila Bulletin last October 2011]

A reader asks: As an HR, do you think it is right for some employees to use the book “Art of Seduction” at work? Do you think, superiors have to tolerate those who are following or practicing that book? Thank you.

My response: I personally have not read the book so I cannot comment about its content.

Regardless, HR people do not really have any right or obligation to disallow or ban people from reading books of their liking. Employees are adults and they are old enough to decide what books to read. Plus we live in a democratic society where people are free to read whatever book fancies them.

The only time HR can get involved is if a sexual harassment complaint is filed. For example, as a result of reading and applying the book, someone crosses the line and commits inappropriate behaviour towards a co-worker. If the co-worker feels that she was sexually harassed and she feels uncomfortable working in that environment, she can file a complaint with HR. The HR will then organize a committee to investigate the matter and if the person is found guilty, appropriate sanctions based on company policies and the law will be implemented.

So HR can discipline people for inappropriate behaviour, however, they cannot ban or sanction people from reading books.

SEXUAL HARASSMENT IN THE WORKPLACE

The reader's question inspired me to write about an extreme form of bullying in the workplace and that is, Sexual Harassment. Although the reader's situation does not yet constitute sexual harassment, I'd like to shed some light on the matter.

So what is Sexual Harassment?

According to the Anti-Sexual Harassment Act of 1995, “Sexual harassment is committed usually in the form of physical abuse such as malicious touching, overt sexual advances or gestures with lewd insinuation.

It may also be committed through verbal requests or demands for sexual favors, and lurid remarks. Or it may be visual, using objects, pictures or graphics, letters or writing notes with sexual underpinnings.

This can happen in the premises of the workplace, office, school or training institution. It can happen in any place, business or social functions where the parties were found as a result of work, education or training. It can happen while on official business outside the workplace or training-related travel, or at official conferences, symposia or training sessions. It can also happen by telephone, cellular phone, fax machine or electronic mail.”

So let's say your boss hugs you and gives you a kiss on the cheeks to congratulate you on closing a sale, can you call that sexual harassment?

The answer is, it depends on how the hug and kiss was done and more importantly, the situation you find yourself in.

Sexual harassment is considered as such “if it is used as a basis for any employment decision such as matters related to hiring, promotion, raise in salary, job security or benefits; if it interferes with your work performance; if it creates an intimidating, hostile or offensive work environment; or cause discrimination, insecurity, discomfort, offense or humiliation."

I have a friend who works as a bookkeeper of a company. An external auditor kept asking her out to meet him for coffee and have a “good” time after. While working with her, he kept on asking intimidating questions about her work and making her feel incompetent because she wouldn’t go out with him. At one point, after rejecting several invitations, he asked her “Magkano ba sweldo mo sa trabaho? Kung gusto mo ako na lang ang bubuhay sa iyo?” (How much salary do you get? If you want, I can pay for your living.) She is a married woman.

Because of this, she felt so stressed at work and couldn’t sleep at night. She didn’t want to see the auditor and started feeling anxious and dreadful at the thought of going to work and possibly seeing him. She couldn’t work properly.

Would you consider this a form of sexual harassment? Although he never touched her physically, he made her uncomfortable with his advances and he spoke with sexual innuendos. Lucky for her, when she discussed this matter to her boss and showed proof via voice recording, management sided with her and immediately found a replacement auditor. She didn’t want to file charges, she just wanted him out of her life. So peace was easily restored.

Many victims do not file complaints because going through the process of complaining and discussing the incident rocks the boat and may cause further embarrassment. I personally think that people should choose their battles. There are forms of sexual harassment that are truly unforgivable, but there are also some that are just slight or belong to the grey areas. To a certain extent, it also depends on the victim’s sensitivity and culture. If you want to tolerate this form of bullying instead of fight, you may have a good reason for it and should think about it thoroughly. But if you want to fight, it is good to know that there are laws to help you with your battle against sexual harassment.

Victims of sexual harassment in the workplace can file a complaint against this form of bullying and your HR department should be able to help you. The Anti-sexual harassment act of 1995 further discusses the rules, guidelines and procedures for filing complaints. To read the law governing sexual harassment, you can visit www.chanrobles.com