Research On Civil Liability Of Employers In Workplace Sexual Harassment

Workplace sexual harassment is a universal social problem.In recent years,with the enhancement of people’s awareness of rights,workplace sexual harassment incidents occur frequently,workplace sexual harassment has aroused great social concern.There are laws and regulations on sexual harassment in Our country,but there are still many areas to be perfected.This paper studies this problem and puts forward some suggestions.This paper is divided into four parts.The introduction part introduces the reason of the topic selection,the theoretical and practical significance of the research on this issue,and the research status of workplace sexual harassment at home and abroad,including the definition of connotation,the obligations of the employer,the nature of responsibility,the reasons for exemption.Finally,case analysis and literature research are introduced.The first part about the present situation of our country legislation about sexual harassment in the workplace and judicial status quo,summed up on the legislation and judicial practice problems: the connotation of workplace sexual harassment law obligation is too general a well-defined,unit of choose and employ persons,unit of choose and employ persons nature of legal liability is not clear,the problem such as ground of relief of unit of choose and employ persons not clear.The second part analyzes the responsibilities of employers in workplace sexual harassment.First of all,the connotation of sexual harassment in the workplace is defined,about the concept of sexual harassment in the workplace,that is,within the scope of the workplace(where the work-related space and time elements belong to the scope of the workplace),against the will of the parties,is to others,in words,text,pictures and other ways of sexual harassment.As well as the constitutive elements of tort,damage consequence,subjective fault,causality and place elements;Secondly,the analysis points out that employers should have reasonable prevention,accept complaints,investigation and disposal,accept external supervision and other obligations in the anti-workplace sexual harassment;Thirdly,it analyzes the mechanism of the employer’s liability,and expounds various theories about the nature of the employer’s liability in workplace sexual harassment at home and abroad,and then determines the nature of vicarious liability.Finally,it analyzes the causes of exemption from liability in workplace sexual harassment,such as the employer exercising a reasonable duty of care,and the victim taking the initiative to seek relief through unreasonable use of relief channels.The third part discusses the perfection of employer’s legal responsibility in workplace sexual harassment.The author thinks that the connotation of workplace sexual harassment should be clarified through judicial interpretation or typical cases.Refine the unit’s prevention and control obligations,engaged in the three stages of the start;Then make clear the nature of the employer’s responsibility and improve the way of responsibility bearing;Finally,it points out that the employer has fulfilled the reasonable duty of care and the victim voluntarily gives up seeking relief.To sum up,based on the research of legislation and judicial status,the author analyzes the problem of employers’ responsibility in workplace sexual harassment,and puts forward suggestions to improve employers’ responsibility,so as to effectively prevent workplace sexual harassment and protect employees’ legitimate rights and interests.