Research Of Employers' Responsibility On Workplace Sexual Harassment

Workplace sexual harassment prevention system in law system of China is not perfect either in terms of legislation or judicial practice.Whatever the concept of workplace sexual harassment or specific prevention measures,there are also large empty space for terms of legislation.The prevention of workplace sexual harassment has become a slogan.The absence of the employers in responsibility system has led to lack of relevant prevention mechanisms created by employers,and it is also difficult for victims to obtain help from their employers.Since the empty space of legislation,there are many problems in judicial practice,such as different standards of behavior determination,difficulty of sexual harassment behavior proof,and different standards of proof,it is difficult to determine the workplace sexual harassment,the employer responsibility also cannot be determine,and the victim's rights protection is greatly increased.As the provider and manager of the employment environment,the employer always plays the role of a bystander in the prevention of sexual harassment in the workplace,but it cannot play its position and role as the highest authority in the workplace.From different perspectives of tort law and employment law to examine and analyze the employers' responsibility system for workplace sexual harassment,it can be found that if the existing legal system in China is directly applied to design the employers' responsibility system for workplace sexual harassment,the responsibilities system has its own advantages and disadvantages,whatever it is tort law or employment law.By referring to the development mode and rule setting of employers' responsibility system for workplace sexual harassment outside the mainland of China,it can be found that anti-discrimination law can cover a wide range and extend the benign influence of preventing workplace sexual harassment from individuals to the workplace environment,which has the advantages of both tort law and employment law.Therefore,creating the prevention of workplace sexual harassment into the antidiscrimination law should be the "ultimate goal" of the legislation against sexual harassment in the workplace.However,according to the current actual situation in China,the most direct and simple method that can be adopted in China's workplace sexual harassment prevention and employer responsibility system establishment is to use the existing system regulations to take advantage of tort law and employment law of workplace sexual harassment employer responsibility.This paper divides into four parts.The first part summarizes the cases and laws and regulations related to workplace sexual harassment in China and summarizes the shortcomings of the current employer responsibility system for workplace sexual harassment in China.In addition,it is found that the employer as a labor environment provider and manager always plays a role of bystander in the prevention of workplace sexual harassment and cannot exert its advantages and functions.Legislation empty need to be filled and institutions need to be improved.If we want to establish the employer's responsibility of workplace sexual harassment,the first question is what protection path should we choose to improve the workplace sexual harassment prevention system.The second part of this paper,through theoretical analysis,found that both tort law and employment law,used to formulate workplace sexual harassment employer responsibility norms,there are institutional defects.Anti-discrimination law is more superior in system,but it is difficult to legislate and lacks certain social and cultural background.Therefore,it is necessary to learn from the practical experience of anti-discrimination laws outside to provide nutrients for the future formulation of anti-discrimination laws in China.The third part of this paper summarizes the advantages and characteristics of the employers' responsibility system for workplace sexual harassment established by the United States,Taiwan Province and the International Labor Organization through anti-discrimination laws,in order to better draw lessons from China's future legislation on employers' responsibility for workplace sexual harassment.The fourth part of this paper,combined with the previous analysis,adopts the anti-discrimination law and the tort law combined with the labor law to propose two different plans for the construction of the employers' responsibility system for workplace sexual harassment.