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Professionals Human Resources e ComplianceIn the workplace, women have a number of issues to worry about. One of the main ones is to avoid cases of sexual harassment, whose 72% for women interviewed by Aberje (Brazilian Association of Corporate Communication) say they have already suffered.
Also, consider that the higher number of sexual harassment cases is explained by the more frequent discussion of the subject.
In other words, it doesn't necessarily mean that the problem didn't exist before, just that the discomfort suffered tended to be overlooked.
Companies should therefore be increasingly concerned about avoiding cases of sexual harassment at work.
This means putting a magnifying glass to the problem in order to understand what harassment is, how to identify it, what reporting channels and much more. Follow us!
What is sexual harassment?
This type Harassment involves practices that constrain someone in order to obtain sexual advantages. To do this, the perpetrator uses influence or superior status, such as hierarchical position at work, etc.
This type of harassment can occur in a variety of ways, through words, proposals, gestures and other forms that embarrass someone. As a result, the victim's social value at work, privacy, intimacy, honor and other aspects can be compromised.
It is not a rule that the victims are women, although surveys such as Aberje's show that they are the majority. In addition, sexual harassment does not have to occur repeatedly; a single act is enough to be classified as such.
Bullying
O bullying is commonly confused with sexual. However, the embarrassment it imposes has no sexual connotation and is the main difference between them.
It's important to clarify this because during the pandemic, there was a 20% increase in professionals in doubt about what moral harassment is. That's according to the IPCR (Institute for Behavioral Risk Research).
Is sexual harassment a crime?
Sexual harassment is a crime, according to the Article 216-A of the Penal CodeThe law has been in force since May 15, 2001. Practitioners can be imprisoned for up to two years.
However, if the victim is under 18, the penalty is increased by a third. Under the age of 14, the case is already classified as rape of a vulnerable person and carries an even higher penalty.
And there are other particularities that can make the crime more punishable. For example, if it was committed jointly by two or more people and if the victim is related.
In order to penalize the perpetrator for this conduct, it is necessary to prove some level of hierarchy over the victim and the practice, such as a promise of favor or a threat.
Under labor law, agents can be penalized by having their employment contract terminated. Along with this penalty, the victim may be entitled to compensation for the damage suffered.
In fact, under labor law, which differs from criminal law, it is not necessary for the perpetrator to be a superior. In other words, sexual harassment can also occur horizontally, between colleagues in the same position. hierarchy at work.
What is considered sexual harassment?
As mentioned, sexual harassment can be represented by various types of embarrassment with a sexual connotation. These include forcing the victim to do something unwanted.
However, when physical violence and serious threats are used, the crime is already characterized as rape.
If this is not obligatory, practices such as pestering and insisting on sexual proposals are still considered sexual harassment. In addition, they must involve a threat (explicit or implicit) that harms the victim professionally.
Other cases of sexual harassment can occur without a threat, such as insistence from someone in a higher position promising advantages.
For example: "I can promote you if you agree to have a relationship with me". Likewise: "If you don't agree to have a relationship with me, I can fire you".
It must be made clear that the victim does not have to give in to the blackmail and obtain the promised advantages for the case to be considered sexual harassment. In other words, the crime occurs when the perpetrator embarrasses someone in this way.
In addition, there are special cases that can be confused with sexual harassment, requiring a careful analysis. These include a superior who has fallen in love with a female employee and had no intention of obtaining sexual favors, due to the hierarchy.
How to identify cases of sexual harassment at work?
As you can see, sexual harassment is not always explicit, which can make it difficult to identify. It is therefore all the more important to keep an eye on:
- Sexual comments and jokes;
- Invitations with possible ulterior motives;
- Unnecessary touching without consent;
- Sexist jokes;
- Embarrassing comments;
- Etc.
Because of their position of superiority, it's natural for the victim to be afraid to make their possible embarrassment clear in cases of sexual harassment. This is yet another challenge in identifying the problem and yet another reason to look out for it.
What are the channels for reporting sexual harassment within the company?
Victims of this crime can contact the Human Resources department or the compliance, the guide to corporate conduct.
In some cases, corporations offer reporting channels specific ones, which work autonomously and provide more security for the victim.
In addition, the union for each professional category is usually the body that victims turn to in cases of sexual harassment. They then contact the courts to pursue complaints.
How can companies help victims of sexual harassment at work?
Under no circumstances should the company discourage victims from filing a complaint, signaling that the crime and the damage caused will go unpunished.
Once a complaint has been made, the case must be investigated and swift action taken to find a solution.
Once this is done, it's time to punish the perpetrator of the sexual harassment. This can include a formal warning, dismissal for just causeetc.
This way, if the company's connivance is proven, it can answer to the Labor Prosecutor's Office and the Regional Labor Superintendence.
How to avoid sexual harassment in the workplace?
To prevent this crime, it is essential that corporate culture make it clear what sexual harassment consists of, the damage caused and how the perpetrators can be penalized.
It's also important to show that the company is open to dialog, so that if a crime does occur, it can be reported.
Other recommendations are to encourage professionals to clearly say "no" if sexual approaches without consent occur.
Also, encourage employees to take detailed notes of these approaches in order to gather evidence and penalize the crime.
So, have you understood what sexual harassment in the workplace is, what the most common types are and what attitude a company should take towards it? Preventing it, punishing the perpetrators and providing assistance to the victims is essential to building a healthier corporate space.
