Research On The Responsibility Of Employers For Sexual Harassment In The Workplace

The high incidence of sexual harassment in the workplace is a cause for concern.With the gradual improvement of people’s awareness of rights,attitudes towards sexual harassment in the workplace have also changed,from swallowing their anger in the past to daring to speak out and openly seek redress.In order to respond to social needs,legislators began to formulate relevant provisions in the law,mainly reflected in the fact that in 2018,the Supreme People’s Court added "sexual harassment damage liability disputes" to the cause of civil litigation,the Civil Code stipulates that employers have the obligation to prevent sexual harassment in the workplace,the Law on the Protection of Rights and Interests of Women stipulates the specific measures that employers should take to prevent and control sexual harassment in the workplace,and the Civil Code stipulates the provisions on the prevention and control of sexual harassment in the personality rights chapter.It can be seen that China has basically established a legal system for civil tort related to employers’ liability in workplace sexual harassment.However,there are still deficiencies in the current legal provisions,which make it difficult to identify sexual harassment in the workplace,difficult to prove the employer’s responsibility,and incomplete responsibility for the employer.This paper is divided into five parts: the first part is the introduction,which mainly introduces the research purpose and significance of this paper,sorts out the research status quo inside and outside the domain related to the theme of this paper,and explains the research methods of this paper.The second part is an overview of the employer’s responsibility in workplace sexual harassment,which introduces the concept of workplace sexual harassment,the nature and definition of the employer’s responsibility and the basis for the establishment of the employer’s responsibility in workplace sexual harassment,thus forming a basic understanding and mastery of the employer’s responsibility in workplace sexual harassment.The third part is the current situation of the regulation of the employer’s responsibility in workplace sexual harassment in China.From the analysis of the existing legal provisions and judicial practice,it summarizes the shortcomings of the regulation of the employer’s responsibility in China’s legislation,which leads to the current situation that judicial practice is difficult.The fourth part is a summary of the experience of regulating the employer’s responsibility in workplace sexual harassment in foreign countries,and draws on the advanced experience of regulating the employer’s responsibility from three aspects: the ontology composition of the employer’s responsibility outside the country,the provisions of the appeal procedure inside the employer,and the establishment of external specialized agencies to supervise the employer.The fifth part is to improve the relevant conception of the employer’s responsibility system in workplace sexual harassment in China,and further put forward targeted suggestions on the specific content of the employer’s responsibility and related compensation system in view of the problems existing in the existing legal provisions.