遇到职场性骚扰,你该怎么办?忍气吞声并不能解决问题,向上司报告又存在潜在的风险。怎样才能最大化地保护自己的利益?
测试中可能遇到的词汇和知识:
demarcation [ˌdiːmɑː'keɪʃn] n. 划界,限界
banter ['bæntə(r)] n. 戏谑,嘲弄
litigation [ˌlɪtɪ'ɡeɪʃn] n. 诉讼,起诉
perpetrator ['pɜːpətreɪtə(r)] n. 犯人,作恶之人
intimidate [ɪn'tɪmɪdeɪt] vt. 威胁,恐吓
tribunal [traɪ'bjuːnl] n. 法院,法庭
阅读马上开始,建议您计算一下阅读整篇文章所用的时间,对照下方的参考值就可以评估出您的英文阅读水平。
What is sexual harassment?
Sexual harassment is a broad term that may include a range of offensive language and conduct, such as nasty or demeaning jokes and comments; sexually suggestive pictures on display; unwelcome touching, and/or demands for sexual favours.
In the US, says Nina Frank of Outten & Golden's sexual harassment and sex discrimination practice group, there are two categories of sexual harassment: “Quid pro quo (‘Sleep with me and I'll promote you’) and hostile work environment (general sexual comments/touching/jokes). It is not uncommon for both to be present.”
There is no such demarcation in the UK, says Kiran Daurka, a partner at Leigh Day. “The legal definition according to the Equality Act 2010 is any unwanted conduct of a sexual nature or related to sex, which has the purpose or the effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.”
She adds: “Harassment need not be targeted at an individual — so a sexist discussion between colleagues may be offensive [or] intimidating for someone who overhears it and may amount to harassment. It is also unlawful to treat someone less favourably because they rejected or submitted to the unwanted conduct. Calling comments ‘banter’ is not a defence to harassment.”
What should I do if I am being harassed?
Ms Daurka suggests four steps:
• Talk to someone outside work whom you trust to provide you with support. You may also wish to consider making a report to the police.
• Make a note of what happened as soon as possible after the event — if you can email it to yourself from your private email account, that provides you with a date of the note.
• Review your employer's harassment policy and contact HR or an appropriate manager to report the incident as soon as possible.
• Consider seeking legal advice within three months of the incident in case matters are not resolved within work.
Reporting sexual harassment has risks and benefits, says Kathleen Peratis, a partner at Outten & Golden. “Ignoring it usually doesn't end well. Reporting triggers your employer's duty to investigate, and can protect you later if you experience retaliation for complaining.”
She advises consulting a lawyer to discuss your options. “Except in rare circumstances, don't resign — and certainly not without advice of counsel. Resignation can negatively affect your rights.”
What will happen?
The ideal outcome is for the grievance to be thoroughly and fairly investigated, and the harasser dealt with through disciplinary procedures. “Ideally the solution needs to be found outside litigation, and this requires robust harassment policies, trained staff to deal with complaints, and action taken to address the complaint that doesn't result in the victim being gagged and removed from the workplace,” says Ms Daurka.
She adds: “Some employers may seek to sweep matters under the carpet by separating the person who has reported the harassment into a different part of the workplace, without proper action against the perpetrator.”
An alternative might be to offer the victim a settlement with a confidentiality agreement, which would prevent claims from being brought and would probably end the employment relationship, Ms Daurka notes.
Make sure you are not intimidated into signing a draconian agreement that does not protect or serve your best interests. Seek legal advice before signing one.
Retaliation from your employer is illegal but common, according to Ms Frank. “Sometimes a retaliation claim is stronger and easier to prove — and settle — than the original sexual harassment claim.”
The harasser is probably not going to be fired, says Ms Peratis. “Many employers say they have a zero-tolerance policy for sexual harassment but, in our experience, very few employers walk the walk.”
In the UK, a claim for sexual harassment at an employment tribunal is possible if started within three months of the harassment. The claimant can keep their anonymity.
请根据你所读到的文章内容,完成以下自测题目:
A.Aggressive yelling or shouting.
B.Recruitment discrimination.
C.Spreading misinformation.
D.Unwarranted physical contact.
答案 (1)
A.Quid pro quo is the most common sexual harassment in the US.
B.There is no clear classification of sexual harassment in the UK.
C.In the UK, sexual harassment is often targeted at an individual.
D.Quid pro quo refers to general sexual comments and jokes.
答案 (2)
A.contact HR to report the incident as soon as possible.
B.make a report to the police and seek legal advice.
C.talk to someone you trust to provide you with support.
D.consult a lawyer about how to tackle the situation.
答案 (3)
A.The victim settles with the harasser by signing a draconian agreement.
B.The harasser is retaliated by the employer and get fired immediately.
C.The incident is dealt outside litigation with disciplinary procedures.
D.The employer separates the victim into a different part of the workplace
答案 (4)
(1) 答案:D.Unwarranted physical contact.解释:性骚扰是一个广泛的术语,可能包括一系列冒犯的语言和行为,比如低俗或贬低的玩笑和评论,展示带有性暗示的图片,未经允许的肢体接触,或要求性服务。
(2) 答案:B.There is no clear classification of sexual harassment in the UK.解释:在美国,性骚扰分为两类,一类为有偿骚扰,另一类为恶劣的工作环境,但英国没有这种分类。
(3) 答案:D.consult a lawyer about how to tackle the situation.解释:Kathleen Peratis称,报告性骚扰既有风险也有好处。她建议咨询律师来讨论可能的选择。
(4) 答案:C.The incident is dealt outside litigation with disciplinary procedures.解释:解决这种不满最理想的方法是进行彻底而公平的调查,并按照纪律程序处理骚扰者。Daurka表示:“理想的情况下,这种事件无需诉讼便可解决。”