Is there a Need for Laws against Sexual Harassment of Women in the Workplace?

This informal CPD article., ‘Is there a Need for Laws against Sexual Harassment of Women in the Workplace?’, was provided by Lakshita Bhati, Legal Associate at Equilibrio Advisory, whose vision and mission is to provide legal remedies & psychological interventions for building Equitable & Safe Spaces.

In August 2024, while hearing the case of the brutal rape and murder of an on-duty doctor that happened in a hospital in Kolkata, the Supreme Court bench headed by the Chief Justice of India, D.Y. Chandrachud stated, “If women are not able to go to work and working conditions are not safe, we are denying them equality.”1

Sexual harassment in the workplace affects individuals, specifically vulnerable groups like women, and impacts their dignity, well-being, safety, and professional growth. The introduction of laws against sexual harassment of women in the workplace ensures that there is a safe, respectful, and productive work environment for women.

Sexual Harassment of Women in the Workplace: What Do Statistics Show?

Sexual harassment in the workplace is not a recent phenomenon. Traditionally, workplaces have been, and still are to a large extent, male-dominated with power imbalances that make women vulnerable to various forms of discrimination and violence including sexual harassment. Studies and surveys over the years have consistently highlighted that a large percentage of women experience sexual harassment at work, yet many do not report the incidents due to fear of retaliation2, social stigma3, lack of legal recourse, lack of faith in the grievance redressal mechanism, and micro and macro-aggressions4, etc.

According to the 2021 global survey conducted by the International Labour Organization (ILO), 8.2% of women globally have experienced some form of sexual harassment in their workplace during their careers.5

  • A study conducted in 1997 by Japan’s Ministry of Labor found that out of 2254 women respondents, two-thirds were subject to sexual harassment.6
  • In Nepal, in research conducted in 2004, 53.84% of women employees reported that they have faced sexual harassment in their workplaces.7
  • A survey conducted in 2018 in the US reported that 81% of women had experienced some form of sexual harassment and 33% of them had faced it in their workplaces.8
  • While a 2023 poll in the UK showed that 58% of women faced sexual harassment at work which raised to 62% of women in the age group of 25 to 34 – indicating vulnerabilities and risk factors associated with the intersection of age.9
  • A report prepared by the Women’s Indian Chamber of Commerce and Industry’s Council of Ethics in 2023 revealed that over 50% of women experienced sexual harassment at least once at the workplace out of which 55.2% decided not to file a complaint. 10

Research from the 1990s through present day consistently indicates workplace sexual harassment remains prevalent, with evidence suggesting reported cases represent only a portion of actual incidents due to the documented barriers to reporting.

Sexual Harassment at work: What does the Impact look like?

As highlighted earlier, sexual harassment is an issue that stems from an imbalance of power between genders, socio-cultural norms, and gender roles that exist in most workplaces rooted in patriarchy. Further, sexual harassment propagates this patriarchal structure and gender inequality and maintains the status quo by perpetrating violence on women in varied forms.

Research on the same shows that this impacts their work and career.

  • US-based research, published in 2017, showed that ‘roughly 80% of women who have been sexually harassed left their professions within two years.’ 11
  • A study based in Singapore conducted in 2019 and 2020 by the Association of Women for Action and Research (AWARE) showed that sexual harassment had long-term impacts. 9 out of 10 respondents stated that they experienced a ‘reduction in work productivity for an average of 2.8 months from the point of harassment to the time that they left their jobs or opted for department transfers.’ 12
cpd-Equilibrio-Advisory-imbalance-power-between-genders
Need for Laws against Sexual Harassment

However, the impact of sexual harassment on the victims is not limited to their work or career but is also on their physical and mental health. Victims of sexual harassment have reported higher levels of stress, anxiety, depression, and post-traumatic stress disorder (PTSD). A study published in a research article for a journal found that women who experience sexual harassment at work are more likely to suffer from chronic health problems, including ‘headaches, gastrointestinal issues, and insomnia.’ 13 The psychological toll is significant as well. Women often experience humiliation, loss of confidence, and isolation, which can lead to lower productivity, exhaustion, burnout, and even career abandonment. In extreme cases, the trauma of workplace harassment has led to physical violence and self-harm.14

Conclusion: There is a Need for Laws against Sexual Harassment of Women in the Workplace.

When women know they have the legal right to work in environments free from harassment, they are more likely to pursue leadership roles, negotiate higher salaries, and seek equal opportunities for advancement. This leads to a more diverse and inclusive workforce which enhances innovation, decision-making, and overall organizational success. They thrive in the workplace when active steps and measures are taken to make the workplace more equitable and safer by recognizing and addressing vulnerabilities and bridging the gaps by providing support. In the absence of a state-sanctioned law, often such organizational policies and redressal measures may not be enough - due lack of a legal validity and requirement. This may further lead to non-reporting as highlighted earlier.

Hence, a legal framework against sexual harassment is essential for achieving gender equality in the workplace as it establishes clear boundaries, ensures the promotion of a culture of respect, prevents and prohibits inappropriate behaviour in the workplace, while dismantling systemic inequalities that women face in the workplace across the world.

The International Labour Organization (ILO), at an international level, has recognized the importance of tackling workplace harassment through the Convention on Violence and Harassment (C190)15 adopted in 2019 which calls for member states to adopt comprehensive measures to eliminate violence and harassment in the workplace, including sexual harassment.

Many countries across the world have implemented laws to address workplace sexual harassment including India. These legal frameworks define what constitutes sexual harassment and provide mechanisms for filing complaints and procedures for investigation and redressal. However, having these laws in place is not enough to create safer workplaces. Effective implementation of these laws is even more important to address the structural inequalities that continue to exist in the workplace.

We hope this article was helpful. For more information from Equilibrio Advisory, please visit their CPD Member Directory page. Alternatively, you can go to the CPD Industry Hubs for more articles, courses and events relevant to your Continuing Professional Development requirements.

References:

  1. https://www.hindustantimes.com/education/features/rg-kar-horror-a-clarion-call-for-stricter-enforcement-of-posh-law-at-workplace-advocates-pg-doctors-share-thoughts-101724141608044.html
  2. https://hbr.org/2016/10/why-we-fail-to-report-sexual-harassment
  3. https://www.psychologytoday.com/ca/blog/speaking-in-tongues/202112/why-women-dont-immediately-report-sexual-assault
  4. https://hbr.org/2018/07/how-managers-coworkers-and-hr-pressure-women-to-stay-silent-about-harassment
  5. https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@dgreports/@dcomm/documents/publication/wcms_863095.pdf
  6. https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40asia/%40ro-bangkok/documents/publication/wcms_bk_pb_159_en.pdf
  7. https://www.un.org/womenwatch/daw/egm/vaw-gp-2005/docs/experts/pradhanmalla.sh.pdf
  8. https://www.npr.org/sections/thetwo-way/2018/02/21/587671849/a-new-survey-finds-eighty-percent-of-women-have-experienced-sexual-harassment
  9. https://www.tuc.org.uk/news/new-tuc-poll-2-3-young-women-have-experienced-sexual-harassment-bullying-or-verbal-abuse-work
  10. https://www.8onefoundation.org/wp-content/uploads/2024/08/Annual-Review-on-the-State-of-Sexual-Harassment-in-India-2023.pdf
  11. https://journals.sagepub.com/doi/abs/10.1177/0891243217704631?journalCode=gasa
  12. https://www.todayonline.com/singapore/1-2-women-quit-jobs-after-facing-sexual-harassment-workplace-1-4-changed-career-paths-aware-study-1765721
  13. https://www.mdpi.com/2076-328X/12/9/326#metrics
  14. Id.
  15. https://www.ilo.org/topics-and-sectors/violence-and-harassment-world-work