留学生论文：浅谈欧盟国家职场性骚扰(2)

图：《Surviving the Scourge of Sexual Harassment》

1.2 Measures to Prevent and Combat Sexual Harassment

Voluntary Action The main aim to most victims of sexual harassment is not to sue their employer for damages but that the offensive behavior should stop, that it should not recur and that they should be protected against retaliation for having brought a complaint. Therefore, the most effective way to deal with sexual harassment is to develop and implement a preventive policy at enterprise level. A sexual harassment policy should include four main components: a policy statement, a complaints procedure, disciplinary rules, and a training and communication strategy. If there is no policy statement which expressly proscribes sexual harassment, employees who have been harassed are likely to feel that they have no effective means of recourse. A policy statement should be issued by senior management prohibiting sexual harassment and stating that if will not be permitted or condoned in the workplace. The policy statement should make clear that managers and supervisors have a positive duty to implement the policy. A complaints procedure in respect of sexual harassment is necessary, but experience suggests that the normal grievance procedure may not be suitable for this particularly sensitive issue. This is because grievance procedures usually require a complaint to be submitted in the first instance to the first line supervisor (or the shop steward or employee representative). Therefore, a procedure should provide for complaints of sexual harassment to be brought either through normal channels or to specially designate members of management. Those designated individuals should receive special training and instruction. Because the overwhelming majority of victims of sexual harassment are women, it is a matter of common sense to ensure that a woman is available to receive complaints.


图：《Surviving the Scourge of Sexual Harassment》

A fundamental aim of a sexual harassment policy is to stop the offensive conduct from recurring, with minimum disruption to workplace relations. As noted above, sexual harassment often arises through misunderstanding between men and women. Although formal procedures are necessary, the victim of sexual harassment should be encouraged in first instance to make it clear to the perpetrator that the particular behavior is unwelcome. It is generally agreed that a victim of sexual harassment should be able to receive advice and counseling on how to deal with it. This support role can be provided by trade unions, women’s groups or advice centers. However, it can also be provided directly by employers. The European Commission Code of Practice on measures to combat sexual harassment recommends that “employers designate someone to provide advice and assistance to employees subjected to sexual harassment, where possible, with responsibilities to assist in the resolution of any problems, whether through informal or formal means”. If a policy to prevent sexual harassment is to be effective, it is essential that offenders be disciplined. Employers should make clear in their disciplinary rules that sexual harassment will be regarded as a disciplinary offence. The rule should set out the penalties to which the harasser will be liable if the offence is committed, and the penalties which harassers will face should be well publicized. Once sexual harassment is proven, it should not be regarded as a trivial offence or merely as a matter or “poor judgment” by the perpetrator. Finally, all employees should be notified of the enterprise’s sexual harassment policy when it is adopted, and it should be included in employee handbooks and newsletters. In addition, the chances of minimizing the risk of sexual harassment will be greatly aided, if managers, supervisors and employees are provided with appropriate training both as to the enterprise’s policies and procedures and as to what constitutes impermissible behavior at work.(责任编辑：周海霞)