Stop

Sexual Harassment

 

Sexual harassment is unwelcome sexual conduct, which creates a hostile work environment and affects your ability to do your job.

 

Sexual harassment includes:

·        Unwanted touching, fondling or brushing up against a person.

·        Staring or leering, looking intensely in a sexual way.

·        Sexual insults, unwelcome comments about your body.

·        Explicit or implicit sexual jokes or gestures.

·        Obscene language.

·        Displaying or circulating posters, signs, photographs or written materials that are sexual in nature.

·        Demanding sexual favors in exchange for job benefits.

·        Retaliating or threatening retaliation for refusing to perform sexual favors.

 

Sexual Harassment

·        Can happen to anyone – young or old, women or men.

·        Is a form of discrimination, against the law and a violation of a worker's rights.

·        Violates the self-respect and dignity of the victim.

·        Is a serious problem.

·        Is a human rights issue.

·        Is not the victim's fault.

 

Some Effects of Sexual Harassment

      

Effect on the Victim:

PHYSICAL:  headaches, upset stomach, nausea, vomiting, insomnia, loss of appetite.

EMOTIONAL:  fear, confusion, hurt, anger, shame, helplessness, depression, loss of job motivation or self-confidence.

ECONOMIC:  loss of job, wages, or promotion.

EFFECT ON THE ORGANIZATION: low productivity and profitability, tarnished image.

 

Sexual harassment is not the same as . . .

·        Consensual sexual behavior.

·        Welcome mutual attraction, attention or friendship.

 

You don't have to face harassment alone.

Talk to friends, co-workers, family members, personnel officers, union representatives or a women's organization.

 

Myths About Sexual Harassment

 

Myth:  Some women ask to be sexually harassed by the way they act or dress.

Fact: When a businessman gets robbed, we don't blame him for being well dressed.  We blame the robber.  Yet, when a woman is sexually harassed, we blame her for the way she looks!  There are no excuses for harassment, regardless of how a woman looks. In any case, even women who do not dress or behave in a "sexy" way get harassed.

 

Myth: If you ignore harassment, it will go away.

Fact: It will not. Research shows that simply ignoring the behavior is ineffective; harassers generally will not stop of their own accord.  Ignoring such conduct may even be perceived as condoning or encouraging it.

 

Myth: Sexual harassment is inevitable when men and women work together.

Fact: While attraction between the sexes might be inevitable, uninvited sexual overtures are not.

 

Myth:  Many women make up and report incidents of sexual harassment to get back at employers or colleagues who have angered them.

Fact:  Unless a woman feels harassed, she doesn't complain unnecessarily.

 

Myth: Sexual harassment is really just a form of flirting and women enjoy it, even if they pretend not to.

Fact: Sexual harassment is disrespectful and offensive.  If a person is interested in another person, they show it in a respectful way, not by sexually harassing the other person.

 

If you are sexually harassed, you don't have to quit your job!

Instead you can:

·        Tell the harasser that his behavior is unwelcome and that you want it to stop.  Say it firmly!  The harasser may stop once he knows his behavior is unwelcome.

·        If the harassment continues, talk to someone in your organization who can help you.  Approach your personnel officer or your trade union representative.

·        Record the details of when, where and how the incidents happened and the names of any witnesses to the harassment.  If the same person is also harassing others, ask them to keep records too.  This can help to establish a case against your harasser.

·        If a manager or supervisor is harassing you, speak to someone more senior as well as to your personnel officer and union representative.  If your employer cannot help, contact the Labor Office or call the Forum for Women, Law and Development for a referral.

·        If possible, put your complaint in writing and keep a copy for yourself.

·        Support others who are sexually harassed.

 

Legal Remedies

The Public Offences and Punishment Act (1970) criminalizes certain acts that include violating the peace by obscene speech, remarks, or signals or showing pornographic materials in public places.  The Defamation and Libel Act (1959), and the Country Code Chapter on Intent to Commit Sexual Intercourse of the Country Code (1963) each deal with certain aspects of sexual harassment.  However, there is no specific law dealing with sexual harassment in the work place in Nepal.  

The Constitution of the Kingdom of Nepal states that citizens shall not be discriminated against on the basis of Sex.

 

Prevention:

Employees have a right to work in an environment free from sexual harassment

 

Employers have a responsibility to:

                     Ensure that this environment exists for all workers.

                     Include a policy prohibiting sexual harassment in their

                     personnel policies.

                     Inform all employees about the policy.

                     Enforce the policy consistently and fairly.

 

What's Next?

A specific law prohibiting sexual harassment in the workplace.

A monitoring mechanism to oversee effective implementation and enforcement of the law.

June 2002                                                                                         Illustrations by Rajesh Manandhar

 

Forum For Women, Law and Development (FWLD)                   

PO Box: 2923                                                                                  

Swet Binayak Marg

Thapathali, Kathmandu

Phone: 977-1-242683

Fax: 977-1-240627                                                                         

Email: fwld@fwld.wlink.com.np

 

International Labor Organisation, GPO Box 8971

Pulchowk, Kathmandu, Nepal

Phone: 977-1-522259,542148

Fax: 977-1-531332

Email: KATHMANDU@ilo.org

http://www.ilo.org