工作场所性骚扰的正是以法律的形式为主的治疗,而忽略了其他方法的组合来解决这一问题,如忽略在处理性骚扰的雇主和管理者的责任,而不注重通过改变社会态度和文化的角度解决问题。同时,从法律的角度来看,性骚扰的解决,仍然存在一些问题和困难,如模糊的边界界定性骚扰行为,在工作场所性骚扰的形式,在何种程度上的行为定义为性骚扰,应承担法律责任。
有三个要素在工作场所构成性骚扰。首先,骚扰违反了受害人的意愿。行为人实施的行为必须排除,被害人不受欢迎,对被害人的明确拒绝词或行为没有要求,更是从主观态度来阐述厌恶他人等态度。其次,骚扰表现为与性直接相关的行为。这里的直接行为应当包括“猥亵”和“强奸”在刑事法律规定的行为,以及一个更微妙的高度灵活,隐性损伤。第三,骚扰发生在工作场所或履行职责期间。它主要体现在一个演员可以利用自己的立场或其他方法迫使受害人忍受这种性骚扰的行为。
Sexual harassment in the workplace is now being treated primarily in the form of law, while ignoring the combination of other methods to solve this problem, such as neglecting the responsibility of corporate employers and managers in dealing with sexual harassment, and paying no attention to solving the problem by changing social attitudes and cultural perspectives (Hutagalung and Ishak, 2012). At the same time, considering from a legal point of view, in the settlement of sexual harassment, there are still some problems and difficulties, such as blurred boundaries in defining sexual harassment behavior, forms of sexual harassment in the workplace, to what extent a behavior is defined as sexual harassment and should take legal responsibility, and so on.
There are three elements constituting sexual harassment in the workplace (Li, Chen, Lyu and Qiu, 2016). First, the harassment violates the victim’s wishes. The behavior that the perpetrator implements must be excluded, unwelcome by the victim, there is no request to the victim’ explicit rejection word or behavior, it is more from the subjective attitude to elaborate disgusting and other similar attitude. Second, harassment is manifested as a behavior that is directly related to sexuality. The direct acts here shall include acts of "obscenity" and "rape" defined in criminal laws, as well as a more subtle degree of flexible, implicit injury. Third, harassment takes place in the workplace or during the performance of duties. It is mainly reflected in that an actor can take advantage of its position or other methods to force a victim endure such acts of sexual harassment.
In this reflection paper, the author believes that sexual harassment is still prevalent in our society, in addition to the existence of loopholes in the laws, it is more because the behavior of sexual harassment itself is mostly hidden and difficult to be found, coupled with that it happens in the workplace and it is often involved in an employer-employee relationship, making the situation become more complex (Hutagalung and Ishak, 2012). Victims in a weak position may be due to job opportunities, wages, future development and other reasons to choose to forbear, silently endure, they may also be afraid of opening their own experience because they fear of that their private life will be criticized because of that. #p#分页标题#e#
To deal with sexual harassment happening in the workplace, first of all, enterprises have the responsibility to prevent sexual harassment in hiring management, they have the obligation to establish a department to listen to staff complaints and give proper resolutions. Then, when there is an employee suffering sexual harassment and choosing to expose the acts, management of the enterprise should ensure that the victim will not be subject to any harm to her interests again, such as facing difficulties in her work, negatively affecting her promotion and salary increase, or even being forced to resign and so on. Finally, due to the influence of the traditional concept, women in a society are still in a relatively weak position, some women choose to silence after being subjected to sexual harassment, it should strengthen the social and cultural propaganda to change this concept (Page and Pina, 2015), while paying attention to the roles of social groups in ensuring women's rights.