In this article, we will touch on a topic that for many is considered uncomfortable. It is about sexual harassment at work. As various statistical studies show, the problem is quite relevant in Russia and in the world. The most important thing here is to know what sexual harassment is, how the law protects you, how to suspend these illegal actions in relation to your personality. We will analyze all this further.
Definition of a concept
Sexual harassment at work is not only coercion by a rapist to have sexual intercourse, not only posing a threat to him, which leaves two choices: to obey the desire of an attacker or to survive the serious (even killing) consequences of his refusal. This includes jokes, "greasy" jokes, touches, hints - all that a well-educated, highly moral person cannot afford. And even more so in the labor collective.
As women and men in their workplace, they have the right to count on compliance by their superiors and other employees with certain standards that exclude any sexual behavior.
What is the main characteristic of the term? Sexual harassment at work is all the actions of a boss or colleagues that are undesirable, unacceptable for a particular victim. In other words, this concept is individual for each victim. Therefore, harassment can also be attributed to seemingly innocent signs of attention - flowers, phone calls, love notes, compliments.
Types of sexual harassment at work
The subject of our conversation can be represented in several categories. Sexual harassment at work is graded into the following types:
- Verbal. Hints, threats, jokes, jokes, insults, offers that are sexually motivated.
- Nonverbal. Whistling, interjections, obscene sounds and gestures. Someone even refers here to significant opinions.
- Physical These are a variety of touches, hugs, tingling, stroking, which can reach the coercion of sexual intercourse or even the fact of rape.
Examples of Sexual Harassment
Let us specifically determine what is included in the concept in question. Compulsion to sexual acts may be as follows:
- Patting, tingling, caressing, hugging, stroking, kissing and other physical contacts in relation to any part of the victim’s body, which he considers inadmissible.
- Unpleasant and unwanted offers of a sexual nature, hidden and explicit.
- Obvious expectations (both weakly and strongly expressed) from the victim of an act of a sexual plan, requests, demands for solitude, dates. With regard to working days, they can be accompanied by explicit or veiled hints about career advancement in return or, on the contrary, the onset of negative consequences.
- Verbal jokes, insults having a sexual basis. This includes vulgar remarks, "greasy" jokes, hints, compliments to the figure, the appearance of a woman or man. Everything from the list that is obscene, insulting, undesirable for the victim.
- Creating a hostile, intolerable, intimidating environment for the victim through actions, dialogues, monologues in response to the victim's refusal to coerce into sexual acts.
Harassment or flirt?
Since each of us is individual, including in terms of moral education, it is very difficult to determine the general scale by which this or that example is really unambiguously called inadmissible. To some, the joke may seem ridiculous, to others - offensive. Someone used to hug a friend, familiar at a meeting, for some it is obscene. Someone is glad to receive a love letter from a pretty colleague, someone considers it offensive.
However, the victim always has good reason for accusing him of sexual harassment:
- The victim feels the inappropriateness of the behavior of the rapist, feels in the actions of the latter aggression and terrifying perseverance.
- The victim of service occupies a subordinate position in relation to the offender.
- A direct or hidden demand for the provision of "sexual services" is a condition for hiring or promotion.
- The consent or refusal of the victim for the latter becomes decisive regarding employment, position in the team.
- The purpose of the actions of the offender is to create difficult conditions at the workplace for the victim in the event of his refusal, to affect labor productivity, general mood, performance.
Protection of the Penal Code
Article 133 of the Criminal Code is intended to protect citizens from inappropriate sexual harassment in the workplace. The act was introduced by Federal Law No. 63 back in 1996. It is subject to the latest edition not so long ago - in February 2018.
So, the important provisions of Article 133 of the Criminal Code:
- Punishment will be imposed for forcing a citizen (woman or man) to have sexual intercourse or other acts of a sexual nature.
- The crime against the victim must be accompanied by blackmail, the threat of destruction of tangible property, its seizure, damage, as well as the use of material (or any other) dependence of the victim from the offender.
- The punishment comes in the form of a fine of up to 120 thousand rubles (or in the amount of the wage or other type of criminal income for 1 calendar year).
- The fine can be replaced by imprisonment of up to 1 year, forced labor up to 1 year, correctional labor up to 2 years, compulsory labor up to 480 hours.
Protection of minors
The article on sexual harassment of juvenile victims introduces an even stricter penalty for the offender:
- Forced labor up to 5 years. As an addition - deprivation of the right to occupy certain positions, engage in certain labor, activities up to 3 years.
- Imprisonment of up to 5 years. As an addition - deprivation of authority to occupy specific positions, engage in a specific type of activity up to 3 years.
Legislation that protects you additionally
A citizen is protected from sexual harassment in the workplace not only by the Criminal Code. Additionally, the following acts help:
- Labor Code, Art. 3. He says that the rights of an individual during labor activity cannot be violated.
- CAO, Art. 20. Administrative arrest of the offender for up to 20 days.
- In some cases, for protection also apply to Art. 135 of the Criminal Code.
What to do to the victim?
You know that there is an article about sexual harassment. But what if you had to face the problem personally? In no case should you endure or try to figure it out on your own or through friends and acquaintances!
The solution here is to apply to one of these authorities:
- Regional Department of the State Labor Inspectorate. Be prepared to present substantial evidence in your favor - video, photo, audio, testimonies of colleagues. But if the fact is confirmed, then the institution is authorized to dismiss even a high-ranking offender.
- The judiciary. If you are complaining about the sexual harassment of your boss, then be prepared to present with the statement a confirmation in the form of clear evidence of guilt. The courts are most often addressed if your refusal has led to a penalty, dismissal.
- Law enforcement system. Unfortunately, the police are reluctant to consider such cases. But applying is still worth it.
Anti-weapon against the offender
As a rule, threats of dismissal, deprivation of bonuses (especially by the boss) in most cases are the usual intimidation, which is best ignored. If you are formally arranged, then he is not authorized to make any of the above:
- A citizen can only be fired if he has violated the conditions listed in Art. 81 of the Labor Code. Any other dismissals are considered illegal in court. The victim shall be reinstated in the position and material damage shall be compensated to him.
- The deprivation of the premium is difficult. According to Art. 32 of the same TC - this is a clear discrimination of the employee.
- What about salary reduction? It is possible only when transferring to another position and only with the written consent of the employee (Article 72 of the Labor Code).
But if the victim is arranged informally, such protection, unfortunately, is closed to him. The only way out is to bring the offender to justice under Art. 133 of the Russian Criminal Code.
What concerns the sexual harassment at work, what laws protect the victim, how to defend their violated rights in this case, it is important for everyone to know. Any citizen has the right to a healthy, friendly and comfortable environment in the workplace.