Research On Employer Responsibility In The Perspective Of Typed Workplace Sexual Harassment

Sexual harassment in the workplace is a compound infringement of a special subject,that is,a laborer.This behavior not only causes the laborer to be in an uneasy working environment,but also seriously infringes on the legitimate rights and interests of the workers,and the adverse effects on the whole society are even more say.The theoretical research on sexual harassment in the workplace in China is still at a preliminary stage,and the legal system is also extremely imperfect.Therefore,victims' rights protection in judicial practice often faces various problems such as “difficult to file,difficult to prosecute,and difficult to compensate”.The developed countries and regions led by the United States have introduced employer responsibilities for sexual harassment in the workplace and effectively protected the rights and interests of workers.This has undoubtedly provided an effective reference for China.And the workplace sexual harassment employer liability system has its full and reasonable theoretical basis,so China can combine its own factors and draw on the relevant experience of other countries to introduce workplace harassment employer responsibility.In order to fill the original intention of sexual harassment in China,this paper aims at safeguarding the legitimate rights and interests of workers,and regards employer's responsibility as the main means of sexual harassment in the workplace.The type of sexual harassment in the workplace is the main clue.Firstly,through systematic argumentation,it is concluded that the judicial practice in our country should divide the workplace sexual harassment into two types: “quid pro quo sexual harassment,hostile environmental workplace sexual harassment”,and then use typed research methods to demonstrate different types of workplace sexual harassment.There are obvious differences,and different situations need to be distinguished to give corresponding treatment.Only in this way can we avoid the excessive increase of employer's responsibility while protecting the rights and interests of workers,and thus propose the idea of constructing a sexual harassment system in the workplace by type.Safeguard the legitimate rights and interests of laborers through the establishment of internal sexual harassment mechanisms,the improvement of litigation mechanism,and the clarification of the supervisory authority of the labor administrative department.