VOICE OF THE
WORKERS ISSUE 41 OCTOBER 2014
Contents
SEXUAL HARASSMENT
Tackling Cause and Effect Most working people spend at least a third of their day at work. In many cases, it would not be unfair to state that we spend more time with our colleagues at work than we spend with our own families. This huge chunk of our lives, by consequence, has a very direct impact on our physical and emotional well-being, as well as on our happiness overall.
even people who might not even be aware of it. Studies show that most sexually harassed persons may end up suffering some form of dilapidating stress reaction, such as anxiety, depression, headaches, sleep disorders, weight loss or gain, nausea, greatly-reduced self esteem, as well as sexual dysfunction (U.S. Equal Rights Advocates).
Sexual harassment at the place of work is one of the most negative and threatening aspects on a working person’s well-being. The consequences of sexual harassment at work are not just borne by the victim, but also by others who might be witnessing the situation second-hand, or
The consequences of such acts can also have a cumulative effect. In some cases, other women may feel less in a position to assert themselves at work, and this produces de-motivation, a sense of intimidation, and even leaving work altogether. To others, it can collectively produce low
VOICE OF THE
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Who’s afraid of the Big, Bad Wolf?
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As it is: Sexual Harassment in focus
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Sexual Harassment at Work
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Unacceptable Harassment
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Respect! 07
EDITOR’S NOTE JOSEF VELLA morale, decreased productivity, and lack of basic trust between colleagues. From an organisational perspective, sexual harassment leads to high employee turnover, low morale, and severe losses in productivity. It is a lose-lose situation all round. The roots of sexual harassment may be varied and complex. They may arise out of psychological disorders, cultural issues, lack of social skills, unjustifiable ignorance and a system that thrives on perpetuating sexist ideas. All this leads to a very clear absence of respect, where personal dignity can be violated, and the perpetrators think that they have some right over their victim. 1
EDITORIAL
sexual harassment leads to high employee turnover, low morale, and severe losses in productivity. It is a lose-lose situation all round.
PICTURE STORY
Every case of sexual harassment is one too many. We need to get informed. Information is power. Education is what makes us civilised, and we have no excuse for not being informed, and learning more about becoming a more equal society and place of work. This is the most effective tool against stereotyping and other misconceptions about gender. Also, we need to be aware of what to do if we meet this situation, whether if we are the victim, or if we just become aware of it being used on another person. We need to make sure that we get the necessary help from people who are expert in the subject. Proving sexual harassment may be very difficult at best and doing things the right way is essential. American lawyer and academic Anita Hill once said: “... the issue of sexual harassment is not the end of it. There are other issues - political issues, gender issues that people need to be educated about”. We need to make sure that we do not treat sexual harassment as a one-off issue, but rather, tackle it in a much wider sense; one that may tackle some root causes much more effectively and long-term. Irrespective of whether the victims are women, or men. VOICE OF THE
WORKERS
Who’s afraid of the Big, Bad Wolf? Preying on victims is often perceived as the perpetrator who has options and the victim who has none. However, a more assertive look at sexual harassment sheds light on the fact that the victim has different options to deal with the situation, and the perpetrator has no option but to stop the harassment. This can only be achieved through the right information, as well as developing a culture of self-respect as well as mutual respect at the place of work. This is a challenge that needs continuous and consistent processes of education, open discussion and decisive action. 2
INTERVIEW - DR ROBERTA LEPRE
as it is sexual harassment
in focus
INTERVIEW WITH DR ROBERTA LEPRE DR. LEPRE IS MANAGING CONSULTANT, WEAVE CONSULTING, COFOUNDER AND EDITOR OF LIVINGLAW MAGAZINE, AND MEMBER OF THE MALTA PSYCHOLOGY PROFESSIONS BOARD What are the basic requisites for sexual harassment to be deemed as occuring? Maltese Law gives a clear definition of what the term ‘sexual harassment’ entails: Conduct of a sexual nature Sexual Harassment occurs when one or more person engages in behviour that is deemed to be of a sexual nature or has sexual connotations. This may be either physical, verbal, visual or virtual. Thus, circulation of ‘sexually explicit’ material or jokes and taunts of a sexual nature are acts that may be considered as sexual harassment. VOICE OF THE
WORKERS
Unwanted Sexual Harssment however occurs when such behavior is deemed to be ‘unwanted’ by the person at whom such behavior is addressed. Thus, if the recipient welcomes the ‘sexual behaviour’, sexual harassment cannot be claimed. For instance, remarks with sexual connotations which are welcome by the person at whom they are addressed, do not give rise to sexual harassment. Violates the dignity of a person A person may claim to feel harassed when the unwanted behavior has the purpose or effect of violating
the dignity of a person. The dignity of a person can be violated through actions which result in humiliation, objectification, degradation or dehumanization. It is also important to point out that the offender’s intent is irrelevant – a person can be found guilty of harassment whether the ensuing consequences ( ie the violation of human dignity) was intended or otherwise. Creates a hostile environment Sexual harassment can also be found to subsist when the unwanted conduct in question does not have the effect of violating any 3
BUDGET 2015
one person’s individual dignity; but results in the creation of a ‘hostile environment’. A ‘hostile environment’ is one in which the employees or other persons enjoying the protection of the law would be subjected to a pattern of exposure to sexual conduct, where the management fails to prevent or discourage such conduct. In your view, to what extent is this form of harassment present in Malta? Are our levels any different from those of other countries? A recent report by the European Union Agency for Fundamental Rights (FRA) measured the prevalence of the survey participants’ experience of sexual harassment since the age of 15; the average for the EU 28 stood at 55%, whilst the prevalence for Malta stood at 50%. Therefore it appears that the extent of sexual harassment present in Malta is similar to that of other countries. What are the most important steps that need to be taken when a person feels that s/he is being the subject of harassment?
A persons’ first step should always be that of informing themselves, either through an employee representative, a union representative, or a trusted advisor or advocate – the person would then be able to make an informed decision and choose the course of action that is best suited to achieve the desired outcome and to safeguard his or her interests. How should employers tackle such issues when they arise? It is important that employers do not only tackle such issue when they arise, but take preventive action in order to deter such behavior in the first place. The law in fact puts an onus on employers to take such preventive measures. The law itself does not give detail as to what such measures should consist of; however in general a clearly spelt out sexual harassment policy is usually considered to be a good starting point. When such issues arise, the employer would then be able to refer to such policy to be guided as to what actions should be
undertaken. This would ensure objectivity and safeguarding of the rights of all involved, whilst also ensuring that all such cases are treated consistently. Generally, in what ways can we increase respectful relationships at work? Employers who are avant-garde know that their employee’s wellbeing is the key to their business success. Various measure can therefore be taken to ensure that relationships between employees are always respectful and that all employees feel valued and protected. Thus, besides the implementation of a sexual harassment policy, as referred to above (which in itself should also include clearly defined grievance procedures and disciplinary procedures), employers can offer training to employees (whether formal or informal); team building activities; and implement a diversity strategy through which they can ensure that each individual employees characteristic is identified and regarded as an asset through which to achieve enhanced business performance.
A persons’ first step should always be that of informing themselves, either through an employee representative, a union representative, or a trusted advisor or advocate VOICE OF THE
WORKERS
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MEUSAC
SEXUAL HARASSMENT AT WORK According to a report published by the European Agency for Safety and Health at Work, reported sexual harassment (‘unwanted sexual attention’) at work, affects three times as many female workers as male workers, and the group most at risk is that of young women (under the age of 30) where the incidence rates rise considerably. The report also stated that, great differences among countries were reported, with high levels (5-10%) in countries such as the Czech Republic, Norway, Turkey, Croatia, Denmark and Sweden, whereas in some southern European countries, the phenomenon was barely reported at all (Malta, Italy, Spain and Cyprus).
Statistics, however, fall short of providing a more exact picture of its frequency. This is partly due to the sexual nature of such conduct and the relative sensitiveness that still accompanies these issues in today’s society. In a European Commission report on violence against women in 2010, it is stated that Member States greatly differ in the incidence of reported workrelated violence. This is due to socio-economic differences but also due to different levels of awareness and attitudes to the problem. The report also quotes the, ‘Sexual harassment at the workplace in the EU’ Commission report of 1999 and states that the rate of female workers having reported some form of
sexual harassment or unwanted sexual behaviour in the workplace throughout working life was as high as 40 to 50%. It also states that women between 30 and 40 years of age, single or divorced, and with a lower level of education, are more likely to experience sexual harassment, whereas perpetrators are mostly colleagues or superiors, rather than patients, clients, or subordinates. In Malta, the National Commission for the Promotion of Equality (NCPE) is entrusted to monitor the implementation of national legislation related to gender equality. Employees and employers are urged to contact the NCPE should they require any assistance regarding issues of sexual harassment.
MEUSAC 280 Republic Street, Valletta VLT 1112 Tel: +356 2200 3315 • Fax: +356 2200 3329 • Email: info.meusac@gov.mt www.meusac.gov.mt VOICE OF THE
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BUDGET 2015
Harassment!
Sexual harassment takes numerous forms and can start from indecent comments and jokes that make responders feel offended. This may be dealt with between individuals within the organisation; however, some cases may alleviate to sexual advances and physical abuse. Some cases may even become criminal offenses. Sexual harassment at the place of work is unacceptable. It is common and affects all types of places of work. Commitment from both employers and employees is essential for sexual harassment cases to be tackled. The lack of a universal definition might have proven to be a barrier to the monitoring and measuring the extent of sexual harassment at places of work. The lack of a universal definition might have proven to be a barrier to the monitoring and measuring the extent of sexual harassment at places of work. Individuals who are victims of sexual harassment at their place of work need to find effective means to deal with such situations without impacting their work negatively. It is ideal if employers have a sexual harassment policy in place. This will not only protect the image of the company but it will encourage any victims of sexual harassment at work to speak up about the problem. Sexual harassment policies may be more effective if linked with equality policies. Sexual harassment leads to victims experiencing psychological and emotional problems which may leave negative consequences on their performance at work. Hence timely and effective support to victims is vital. Sexual harassment can also have a demoralising effect on other employees, who are not directly harassed as well and thus this impacts the company productivity as a whole. All employers and employees should work so as to have a work environment free from unwanted sexual conduct. Furthermore, it should be a priority for Governments to make all workers aware of how they can seek assistance if they fall victim of such misconduct. Information campaigns can prove to be a successful tool in increasing awareness on this ever growing challenge.
MCESD 280/3, Republic Street, Valletta, VLT1112 Tel: (+356) 2200 3300 www.mcesd.org.mt VOICE OF THE
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GWU BUDGET 2015 CIA
Respect!
Bargaining for Equality The new European Trade Union Confederation publication (ETUC) “Bargaining for Equality” shows how collective bargaining contributes to eliminating pay discrimination between women and men. The publication is available in English at the following link: http://goo.gl/HgT7fr
Violence against women: an EU-wide survey. Main results report The European Union Agency for Fundamental Rights (FRA) has published a survey , the first of its kind, on violence against women across the 28 Member States of the European Union (EU). It is based on interviews with 42,000 women across the EU, who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence (‘domestic violence’). The survey also included questions on stalking, sexual harassment, and the role played by new technologies in women’s experiences of abuse. Download the report here: http://goo.gl/qNUVnW
Emma Watson HeForShe Speech at the United Nations | UN Women 2014 UN Women Global Goodwill Ambassador, Emma Watson, delivers her moving remarks during the HeForShe Special Event at United Nations Headquarters in New York on September 20, 2014. Take action, visit: HeForShe.org Link video: http://goo.gl/0qqkum
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SURVEY RESULTS
Enterprise survey on new and emerging risks (ESENER) This so called survey, ESENER examines how health and safety is managed in practice in European workplaces. The survey includes a focus on management of psychosocial risks, on the drivers and barriers to action and on how workers are involved in the management of health and safety at work. Please access to the report from the following link: http://goo.gl/alzzmR
VIDEOS
INFORMATION AND NEWS
There is much going on at EU level regarding the subject of Sexual Harassment at the place of work. The information is flowing and the initiatives are various. This information was collected by the Brussels office of the Confederazione Italiana Agricoltori.
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