Identify sexual harassment
Sexual harassment consists of any non-consensual verbal, non-verbal, or physical behavior ( even if not repeated or systematic , provided the conduct is classified as serious or very serious) of a sexual nature that aims to violate a person's dignity or create an intimidating, hostile, degrading, humiliating, offensive, or distressing environment, or that produces this effect. It is unwanted or unwelcome behavior for the person who receives it.
Behaviors of a sexual nature or with sexual connotations include a very wide range of behaviors and encompass everything from seemingly innocuous actions, or those that are a violation of privacy, to actions that are manifestly serious and constitute a criminal offense in themselves:
Verbal behaviors
- Spreading rumors, asking or explaining about a person's sex life and sexual preferences.
- Making obscene sexual comments or jokes.
- Making rude comments about someone's body or physical appearance.
- Offering or pressuring to arrange pre-arranged dates or to participate in unwanted recreational activities.
- Making demands for sexual favors
Nonverbal behaviors
- Lewd glances at the body.
- Obscene gestures.
- Use of graphics, cartoons, drawings, photographs or images of sexually explicit content.
- Emails, letters, notes or messages of an offensive sexual nature sent by any means, including digital means.
- Recording, dissemination or publication of information, videos and images related to people's sex lives through digital media.
Physical behaviors
- Excessive physical proximity.
- To corner; to deliberately seek to be alone with the person unnecessarily.
- Deliberate and unsolicited physical contact (pinching, touching, unwanted massages).
- Intentionally or "accidentally" touching the sexual parts of the body.
The key aspects of workplace harassment
Sexual harassment based on sex
In this case, in addition to the characteristics described above regarding the undesirable nature of the behavior and the type of conduct it includes, the following characteristics must be added:
Sexually abusive behavior is related to a person's sex.
Among the situations that can be considered as harassment based on sex, we can distinguish those that violate dignity:
- A worker simply for being a woman.
- A female employee because she is pregnant or because of her maternity leave.
- A worker because of their gender (because they do not perform the role that has been culturally attributed to their sex) or in the exercise of any labor right provided for the reconciliation of personal and work life.
It aims to, or has the effect of , undermining dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Unlike sexual harassment, harassment based on sex always requires a pattern of repetition and systematic accumulation of offensive behaviors.
By way of example, and without excluding or limiting, behaviors that may constitute harassment based on sex include, among others:
- Condescending or paternalistic attitudes.
- Insults based on the sex or sexual orientation of the worker.
- Discriminatory conduct based on sex.
- Offensive ways of addressing the person.
- To ridicule, to belittle a person's abilities, skills and intellectual potential because of their sex.
- Using sexist humor.
- Ignoring contributions, comments or actions, on the grounds of sex.
- To engage in environmental harassment based on sex
This type of harassment also includes attitudes or behaviors based on reasons or circumstances related to sex, such as those that occur due to pregnancy or maternity in relation to the exercise of any labor right intended to reconcile work and family life. This is without prejudice to the fact that, on occasion, these behaviors can also affect men exercising their work and family life rights. The harassment typically begins when the employee announces her pregnancy or when she returns to work after maternity leave.
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