Harassment at work - what to do? About work and sexual harassment

You can run away, ask for help, and even better, don’t initially wander through dark alleys and deserted dead ends. What should you do if someone is harassing you at work? "Guard!" If you don’t scream, you won’t hit the offender with your purse either. And no one will pester you so openly and brazenly. On the other hand, this cannot be ignored.

Finding the line where sexual harassment begins is very difficult. Some will consider the manifestations of attention from a colleague to be ordinary compliments, albeit a little over the top, while others will be seriously offended. So before you stop harassment, you need to make sure that this is what it is. After all, you may just stumble upon a person with a primitive sense of humor.

Step 0. Not the slightest reason

The right to express female sexuality is a complex issue that advocates have been trying to resolve for many years. But in the case of work, this issue can be resolved unambiguously - according to business etiquette, sexuality has no place at work. It is the code of ethics, and not the infringement of rights, that instructs employees not to wear provocative clothing and not to share details of their personal lives in the team. By the way, these rules apply to employees of any gender. So if one of your male colleagues comes to work wearing a terrible fishnet T-shirt, then you have the right to reprimand him. Although it's unlikely to be really sexy.

Some possible harassment can be nipped in the bud simply by observing the rules of decency when working in a team. Study business etiquette carefully, because in addition to the dress code, it contains many other useful tips. For example, the rule is not to accept gratuitous gifts from a manager or not to meet one-on-one with a colleague of the opposite sex after hours, even for an innocent walk.

Step 1. Heart-to-heart conversation

Most harassment at work can be stopped with simple conversations. To begin with, gently but persistently hint to the person that you do not accept this manner of communication. If hugs when greeting or other violations of personal space are unpleasant to you, then suggest replacing them with a more neutral ritual - for example, shaking hands or playfully folding your palms in an Eastern greeting.

If it was not possible to turn everything into a joke, there remains the last “soft” step. Let him know that you don't want a relationship because you already have a boyfriend. If he really is, then ask him to meet you from work, but if not, then the role of the guy can be played by a brother, another relative or a good friend.

When even the presence of a relationship or family does not stop the annoying person, gentleness will have to be discarded.

Say directly and without subterfuge that you regard everything that is happening not as flirting, but as real harassment, and this is unpleasant for you. Almost all conflicts dry up at this stage, if not earlier, since people capable of harassment are not always ready for direct rebuff, preferring games and hints. So that the refusal does not sound rude and does not offend the boss or colleague with whom you still work and work, be sure to tell him that you appreciate him professional quality and are confident that a small disagreement will not interfere with the work process. This will protect you from possible “revenge over trifles.”

Step 2. The best defense is an attack

If a conversation with the person harassing you has led nowhere, then it is time for decisive action. Warn the abuser that you are ready to wash your dirty laundry in public and publicly condemn his behavior. Collect evidence, such as screenshots of correspondence, text messages, or voice recordings. They cannot serve as real 100% proof of guilt, but they are very important for convincing others. If the case comes to court, your colleagues will probably remember the numerous signs of attention to you. This means they will be able to act as witnesses.

It is much easier to do this if a colleague is pestering you. In this case, there are certain instructions in labor legislation. The immediate head of the department is responsible for the absence of harassment, so it is enough to complain to him for the problem to be resolved. It is possible that in this case one of you will be transferred to another department. The manager has no right not to respond to such a complaint. Moreover, if you tell your colleagues about such a “black sheep” in the work team, then it will be unbearable for the abuser to work together with everyone.

It’s more difficult if your tormentor is a manager. You can only go to higher management with strong evidence, and even better - with the testimony of witnesses. It is likely that even in this case, the management will not want to get involved with the problems of the department and will offer to resolve the matter in court.

Step 3. Legal matters

In the case of harassment by a colleague, the case is unlikely to go to court, but in a difficult relationship with a boss, it might. Be prepared for the fact that you will have to be persistent, since such cases are considered with reluctance and decisions on them are ambiguous. Resist the temptation to let things slide.

After you have collected the evidence and asked your colleagues whether they can be witnesses, you need to write a statement to the police. Most likely, this will not give you anything - alas, this is true. However, in this case, the very fact of having a signed statement is important, as well as intimidating the person who causes you so much inconvenience. This way you will show that you are serious and will fight to the end to defend your rights.

If your boss is harassing you without using his official position, then it would be best to start looking new job.

Even if you manage to find him guilty, working under his leadership will be sheer torture for both of you. And is it necessary to work with such a “professional”?

If he forces you “with rubles”, that is, he threatens to fire you, ruin your work record, give bad recommendations, deprive you of a bonus or salary, then you need to turn to the Labor Code. Everything is very simple when you work completely officially. In this case, the manager cannot do anything against you without strong evidence of the need for such a measure. Any sanctions and unlawful actions can be challenged in the State Labor Inspectorate and, at the same time, a claim can be filed in court. Such claims are not even subject to state duty.

It’s another matter if the work is “gray” or unofficial. In this case, you can also contact the State Labor Inspectorate, but it will be much more difficult to prove something. They still won’t be able to fire you just like that, but you can avoid financial losses if you move to a new job. Don’t be afraid of the threats of a “tyrant” boss or a business owner to ruin your work history: the only thing they can do in this case is to deceive you with the calculation. Unfortunately, you should always be prepared for this option from the very beginning, as soon as you start an unofficial job. But it remains in your power to publish honest reviews about such a businessman on the Internet. In this age quick information and careful cross-checking, they can have a significant impact on possible partners and clients of a dishonest person.

Flirting at work is inevitable; if we are talking about two people free from a relationship, then most often it arises love affair at work. But in the case when there are no reciprocal feelings, then this is already harassment. This is the English word for sexual harassment in the workplace. The man’s actions do not necessarily have to be aggressive. This could be an indecent joke, a greasy compliment, or an invitation to romantic dinner. Even flowers, compliments and Love letters may constitute sexual harassment if unwelcome. So what should you do if you are faced with this problem, not wanting to earn such love from your boss or colleague?

You can blame women as much as you like for provoking men to such behavior by wearing short skirts, translucent clothes or allowing themselves a defiantly deep neckline. But even if so, men still do not have the right to cross boundaries. Statistical studies show that one in three women aged 18 to 34 years have experienced difficulties associated with harassment. At the same time, in 81% of cases, harassment was expressed verbally, 41% of women say they were embarrassed by explicit touching, 25% talk about receiving obscene messages and emails. Most often, colleagues or bosses pester their co-workers, less often - clients. Despite the fact that such behavior by men in the office is not so uncommon, in 71% of cases women are silent about this fact.

Russian legislation does not directly contain any rules that prohibit such behavior, but it is still possible to bring a man to justice. Firstly, any sexual harassment is regarded as discrimination on the basis of sex, and by acting in this way a man violates Article 3 Labor Code of the Russian Federation, which indicates that restrictions on labor rights depending on gender are unacceptable. If your boss pesters you, then very often he can blackmail you, talking about dismissal, deprivation of a bonus or a reduction in salary. Or make promises that he will treat you more loyally. This is also a violation of the Labor Code. In some cases, the abuser can even be held criminally liable for insults, slander, or coercion of a sexual nature.

A woman, finding herself in such a situation, feels vulnerable and helpless. Often she waits for some kind of revenge from her boss or colleague, loses her ability to concentrate and her ability to work, and thoughts arise about changing her workplace. What can you do if you find yourself a victim?

Watch your behavior and appearance. First of all, to protect yourself from possible troubles, do not provoke men revealing outfits, adhere to the generally accepted office dress code: trousers, jackets, shirts, classic dresses and skirts. Do not flirt with others, do not indulge in alcohol at corporate events or holidays, do not take part in frank conversations, don't laugh at dirty jokes.

Learn to say no. It would seem that there is nothing wrong with an invitation to have lunch or dinner together. However, if you feel that there is something more behind it, then it is better to politely refuse. The same goes for offers to give you a ride home late at night by car. By the way, a colleague or boss who shows sexual interest in you may start giving you gifts or even offer you a promotion. It’s up to you to decide whether to accept them or not, but it’s still better to refuse in order to avoid unpleasant consequences.

Do not be silent. In many cases, especially if the work environment is generally quite harsh and hostile, the man may not even realize that his actions are indecent. If you are a victim of harassment, then you need to let the offender know that you find his words or actions offensive. Most likely, he will stop doing this to avoid awkward situation and tension in the team. If the man does not stop his claims, then you at least let him know that his behavior is unpleasant to you. And this is the first step. The main thing is not to be afraid of anything, speak decisively, remain calm and maintain subordination.

Seek support within the company. What should you do if the harassment continues or the man says that he doesn’t care what you feel or say? Go to higher management for help. Even if it doesn’t work out to fire a person, his immediate superior will be able to put him in his place. In addition, you always have the right to turn to your colleagues for support. You may even discover that you are not alone, that there are other victims in the office besides you. Just don’t forget to take responsibility for your words. Because if the case develops in court, you may be accused of libel.

Regardless of who is the object of sexual attention on the part of the manager, such interest according to the law is an infringement of the rights of the worker. If you want to protect yourself from harassment in the workplace, you should find out what the punishment is for this. You can properly protect your dignity by reading the information presented in the publication.

Is this harassment at work?

The corresponding concept appeared in Russian practice not so long ago. There is no definition of this term in the legislation. However, based on international legal acts, one can try to explain this phenomenon.
Sexual harassment at work involves unlawful actions on the part of the employer that have sexual overtones.
Wherein mutual agreement does not imply harassment.
This behavior can be of two types:

• The first type involves physical impact on the victim. This could be touching, attempted rape;
• In the second option it is relevant psychological impact to the object of the claim. IN in this case we are talking about hints, coercion, intimidation.

The only legislative act Russian Federation, which regulates the relevant aspect is the Criminal Code. The provisions of the presented document contain an article whose content covers this issue.

Harassment at work where to complain?

If you experience sexual harassment at work, you must respond immediately. The offender can only be punished if you file a complaint with the appropriate authorities.
To protect your dignity, you should complain to the following authorities:

• First of all, you can make an appeal addressed to the top management of the enterprise or to a trade union organization;
• It is necessary to send a statement of harassment at work to law enforcement agencies;
• If at this stage your attempt fails, then you can prove a case of sexual harassment by contacting the prosecutor's office. The represented body may initiate criminal proceedings on this fact;
• If you were unable to achieve justice in the first structures, then you can demand punishment for the offender in court. To do this, you must draw up a statement of claim.

What to do if you are harassed at work?

In Russian law there is no such concept as sexual harassment at work. However, due to the fact that such cases entail a violation of human dignity, one can try to prove this fact. This can be done based on some rules:

• If you have become a victim due to sexual harassment in the service, you must obtain evidence. A case of sexual activity can be confirmed by a doctor’s report, eyewitness accounts, photos, audio and video materials;
• It is recommended to contact medical worker to obtain written evidence;
• Any recordings of conversations or negotiations with sexual content can help confirm the fact of harassment;
• If the case comes to court, then emphasis should be placed on international legal norms and reference to precedents of international practice;
• To achieve positive result It is recommended to seek professional help.

My boss is harassing me at work, what should I do?

It is believed that the main targets of sexual harassment at work are women. In most cases, women being weak physically and psychologically do not have the opportunity to fight back. The employer may be most interested in:

• Single mothers;
• Young employees who, due to the need to keep their jobs, may be afraid of threats from their boss.

If you are faced with sexual harassment, you cannot leave this fact without punishment. You must act based on the above rules.
Recently, there have been frequent cases when a boss harasses her subordinate at work. However, in contrast to sexual claims towards the female sex, the situation looks different. In this case, it is more difficult to prove the fact of harassment. To a greater extent this is due to the fact that the legislative framework on this issue has not yet been formed.

Harassment at work case law

In Russian judicial practice does not exist bright examples successful cases regarding sexual harassment at work. To a greater extent, this is due to the fact that the legislative framework is quite limited in this aspect. However, this does not mean that the offender should not be punished for such crimes. You can try to prove the fact of the claims in court.
To do this, you need to obtain significant evidence to support your words;
It is also important to refer to international norms and precedents.

Reporting harassment at work -

To begin proceedings regarding sexual harassment in the workplace, it is recommended to file a statement. The appeal should be sent to the management of the organization or law enforcement agencies. The complaint must be filed taking into account the following points:

• Your personal and contact information is indicated;
• The contents of the statement indicate the date and nature of the crime;
• It is recommended to supplement the appeal with references to national and international laws;
• If there is evidence, you need to supplement the complaint with it;
• Outline your requirements for punishment against the offender;
• End with a signature and date.

If you encounter violence or other acts of a sexual nature on the part of your employer at your place of work, you should not turn a blind eye. Demand a fair punishment for the perpetrator and protection of your rights under the law.

You really need to actively resist early stage, - when you still only think that it seemed to you.

There was a young woman sitting in my office beautiful woman in a policeman's uniform and cried. Her boss, the husband of a former employee, has been grabbing her by the face and waist for six months, giving her flowers, inviting her to go somewhere with him and talking about sex. All the employees whisper behind her back, winking, discussing the beauty and masculine strength of the boss.

Unable to withstand the harassment, the woman went to an officer from internal security, told about the problem, and in response she received laughter and a careful examination of her figure. Now she is thinking whether to write a written complaint or quit right away.

This is my third client in a month with this problem. The first two work in creative teams, where sexual relations at work are part of the work culture.

In Europe and America, any woman regards intrusive glances from a colleague, boss, inappropriate compliments, and even touches on the arm that last more than a second as sexual harassment. In this case, the woman can sue the offender as a victim of harassment.

In Ukraine everything is worse. Much worse.

1) If a woman complains of sexual harassment, others, colleagues and officials may accuse her of sexual fantasies.

2) Out loud, many will be surprised at the obstinacy of the employee who reported harassment, thereby taking the side of the offender and putting psychological pressure on her.

3) At the same time, the woman will be told how she should not look and dress for work.

Lawyers say that in our country it is almost impossible to prosecute a boss for harassment until he rapes the victim.

But let's talk about what kind of person sits in the skin of a sexual tyrant. The first option: he uses violence to solve his problems and considers this method to be the norm. The second option is an ill-mannered man who does not know about the rules of sexual culture or ignores them. And most often - two in one. In this case, you have a psychopath, because such behavior can only be a manifestation of a mental disorder.

What you need to know about psychopaths. A psychopath always feels well the weaknesses of another person and always believes in his own toughness, strength and impunity. By seeking sex with a subordinate or dependent work colleague, he asserts himself in his own eyes, it seems to him that he is worthy of everyone’s admiration and respect.

There are signs by which a psychopath can be identified: early stages dating or at an interview. If this is a male boss or a senior colleague, then he will talk about his strength or even demonstrate strength while talking about something else. He likes to brag about how he hit or beat someone in childhood or youth, and compares himself to the famous hero Superman. If this is a female boss or a senior colleague (there are much fewer cases of harassment from women, but they do happen), then already in the first hours of meeting her she can begin to open up about her successful personal life and numerous fans.

Lawyers say that in our country it is almost impossible to prosecute a boss for harassment until he rapes the victim

As a rule, people predisposed to emotional abuse (and this is one of the stages of harassment) tend to control everything in their work processes down to the smallest detail or, conversely, connive in everything. They lack a sense of the golden mean in management and control, both in work and in personal relationships. They always torment their subordinates either with nagging or with a complete lack of attention.

This person is jealous, blames others for work problems and does not take responsibility for himself. When he makes mistakes, he is very afraid to admit them and always looks for the culprit “on the side.” And having found it, he immediately calms down. These are the main traits of a leader who is prone to harassment. Why? Because he tends to create dependent relationships. We can say that all harassers are codependent people.

If you are in a creative team where flirting and sexual relationships at work are often considered the norm, then you should take a close look at individuals with the following set of characteristics:

• excessive worries about one’s own importance;
• increased need for attention and admiration from other people;
• constantly talking only about yourself and trying to arouse the envy of others;
• demand for special treatment, intolerance to “equalization” and rules, demand to treat oneself as more worthy than others.

These people will invite you to share the glory with them or bask in the rays of their glory, or to increase your importance, to help you in career growth. They will try to show you how a special relationship with them will improve your life. But as soon as you succumb to their persuasion, you will simply end up in the notebook marked “done”, and interest in you will be lost.

In creative teams they are always blurry love relationship, harassment and simply motivating flirting. Therefore, you should always pause before accepting any offer to flirt and take a good look around and talk to other colleagues.

Sexual harassment can have long-term psychological consequences. Therefore, you need to resist and actively behave at a very early stage, when you are just thinking about what you imagined. In such cases, it is better to be considered scandalous over trifles than to suffer from harassment later.

Hundreds of manuals have been compiled on how to deal with harassers at work. But the main recommendation in them is always the same: unite with other people, seek protection from trade unions and special ethics committees, do not hush up the problem and record all cases of harassment, tell your colleagues about them immediately, make them public. Or change jobs - this will exhaust you much less than a long, grueling fight with a psychopath.

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Sexual harassment in the workplace is a fairly common phenomenon, but in the West, a friendly touch on a colleague or even staring for too long can cause judicial trial within the framework of the article on harassment, then in Russia they are not particularly used to complaining about harassment. However, in the civil code of the Russian Federation there is Article 151, under which an employee can file a claim for compensation for moral damage that he received as a result of sexual harassment. We've collected four stories of sexual harassment at work.

Photo: Fotoimedia

Lilia, employee of a luxury real estate agency:

“The story took place in one of the Moscow luxury real estate agencies where I worked. Our director is a native of the Caucasus, a temperamental man who squandered money, and, which seemed strange to me, at the age of 40 he remained a big fan of nightclubs and was not married.

The assistants and other administrative personnel in our company could not stay in their places for a long time; in this part of the team we always had a high turnover - the boss would either throw a suitcase at the secretary in a rage, or do something else like that. This had already become commonplace for everyone, so no one was particularly surprised when the story I’m about to tell you about happened.

The next administrator at the reception was very beautiful girl, let's call her Olga. She had a truly extraordinary appearance, and was also very sweet and intelligent. Apparently the general director really liked her, because from the first day he began to show her signs of attention. He invited her to dinner several times, but she refused every time. His patience ran out when he suggested that Olga go to boutiques and buy clothes, to which she replied that there was no need for this, because she had a fiancé. When asked how she would explain to her fiancé the appearance of dear new clothes, the director replied: “In that case, you are fired. Poorly dressed employees cannot work in our company.” The next day Olga was no longer at work."

Lyudmila, passenger train conductor:

“This story is already 30 years old, that is, it happened when, as is commonly believed, there was no sex. As a student, summer period I worked as a passenger train conductor. On one of the trips, the first train driver and train commander drew attention to me - in general, main man on our “ship”, which was moving along the route “Krasnoyarsk - Adler”. He tried his best to look after me. But I absolutely did not need these courtships, because this man was twice my age, and in general, having affairs in the workplace was not my option.

One night I was calmly doing my work in the conductors’ compartment, when suddenly the compartment opened (despite the fact that it was locked from the inside) and this same train commander entered. He greeted me and, without thinking twice, began to openly and brazenly pester me. He opened his arms and came forward with kisses, but I’m not a timid person, so I hit him with my knee in the right place, broke free and ran into the next carriage to other conductors. The next day he seemed to come to his senses, asked for forgiveness and did not touch me again. I never saw him again."

Sofia, head of sales department:

“I worked as the head of the sales department of one of the publications in a large publishing house in Moscow. I constantly had to contact the head sales department, which controlled the sales of all publications, including ours. At the head of all commercial services was the commercial director - a typical native of the 90s -x. Apparently, he liked me, because during the corporate New Year celebration he approached me and invited me to go with him and another colleague for a drink somewhere else. I didn’t yet suspect his feelings, so I went. I took it, one might say, as team building. We drank at the bar, and when I got ready to go home, he tried to persuade me to stay, but I left.

Soon after this, at work, he called me to his place and said softly: “You understand, Sonya, who makes decisions about who will work in our commercial service and who will not. So I can take care of you.” I still didn’t quite understand what he was talking about, but I guessed that something was wrong. The general director of our publication opened my eyes when I told her everything. She explained to me what he wanted from me, and also told me to work calmly, since in reality he could not make a decision about my dismissal.”

A little more time passed, and he himself left our publishing house."

Alisa, regional representative at an oil company:

“Having worked for quite a long time in the “female” HR sphere - in the direction of sales of consulting services, I decided to change jobs. One day I received a call from a subsidiary of an oil company that needed a regional representative for the sale of fuel cards. “Male” sphere related to quality fuel affecting the injectors, with types motor oil and engine size, was completely unfamiliar to me, but I agreed to the invitation to come for an interview.

The regional director came to interview me. During the conversation, we both realized that all my wonderful business communication skills were poorly suited for this position. But then something else began: the director was clearly interested in me as a girl. He began inviting me to repeat interviews: “Let’s talk again at nine o’clock in the evening in the restaurant.” However, I refused and suggested that such meetings be held during working hours.

Having not received what he wanted, the director, reluctantly, nevertheless hired me, since I was still suitable for this vacancy, after which we had more than enough subjects for frequent and private communication, and it was really interesting for us to work and communicate together. The development of something bigger was hampered by the fact that the director is in the capital, and I am in the region. For about three months he kept his distance with great difficulty, but, fortunately, at the moment when he openly and without hints made an offer for a “joint vacation,” I was already able to declare no less openly: “We either work or relax.” I understood that my career was unlikely to change as a result of such a turn of events. better side, understood and accepted all the risks.

But in the end everything worked out well. This man was wise enough to accept the refusal and retain an employee who, apparently, suited him professionally."