Research

Sex Discrimination and Sexual Harassment (Quick Take)

Dec 05, 2019

SEX DISCRIMINATION

Sex discrimination exists when a person or group of people are treated unfavorably solely on the basis of their sex. Discrimination based on sex is illegal in Australia,1 Canada,2 the European Union (EU),3 India,4 Japan,5 and the United States.6

SEXUAL HARASSMENT

Sexual harassment at work is defined by the EEOC as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature… [that] explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”7

  • Sexual harassment at work costs employers through the increased use of sick leave and job turnover of victims, and it creates an atmosphere that leads to decreased individual and group work productivity.8

ASIA-PACIFIC

In Australia, One in Three People Experienced Sexual Harassment at Work in the Past Five Years9
  • In a 2018 survey, nearly one-quarter (23%) of women and one-sixth (16%) of men in the Australian workforce said they experienced some form of workplace sexual harassment during the previous 12 months.10
    • 40% of sexual harassment incidents were witnessed by another person, a majority of whom (69%) did not intervene.11
  • Between 2011 and 2017, almost one in five (19%) pregnant women reported experiencing incidents of discrimination such as being passed over for development and promotions, verbal harassment from management, and job duties changing without their input.12
  • Nearly four of five (79%) sexual harassment incidents involved one or more male perpetrators.13
  • Sexual harassment is a top complaint received by Australia’s Human Rights Commission (AHRC).14
  • In 2017–2018, 27% of all complaints to the AHRC were filed under the Sex Discrimination Act, and 82% of those complaints were sex discrimination in employment.15
In India, Few Workers Report Sexual Harassment16
  • India’s Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 established Internal Complaints Committees within organizations to address sexual harassment complaints.17
    • However, most (68.9%) employees do not report instances of sexual harassment to their Committee and, among those who did, only a third (33.3%) believed that the Committee treated the complaint fairly.18
  • In 2018, 533 workplace sexual harassment complaints were filed with India’s government.19
In Japan, Only 39% of Companies Have Offices for Handling Sexual Harassment Cases Despite a Government Mandate Requiring Them20
  • In 2017, Japan’s Equal Employment Office received 6,808 requests for consultations on responding to sexual harassment.21

CANADA

Nearly One in Five Women Experience Some Form of Workplace Harassment22
  • In 2018, sex discrimination accounted for 18% of disputes received by the Canadian Human Rights Commission.23
  • In 2016, 4% of women reported experiencing sexual harassment at work in the past year compared to 1% of men.24

EUROPE

Reporting on Sexual Harassment Varies Across European Countries25

In Germany, of the 3,455 requests for counseling received by Germany’s Federal Anti-Discrimination Agency in 2018, nearly one-third (29%) were related to gender discrimination.26

  • In the same year, cases of sexual harassment prompted 193 counseling requests from the Federal Anti-Discrimination Agency.27

In Italy, an estimated 43.6% of women between 14 and 65 years old have experienced sexual harassment in the workplace at some point in their lives.28

Young Women Are at the Highest Risk for Sexual Harassment29
  • Among Members of Parliament (MPs) across Europe, women ages 40 and younger are more likely (36.4%) to experience sexual harassment than all women (24.7%).30
  • In the United Kingdom, an estimated 23% of young women (ages 18-30) experienced sexual harassment in 2018, but only 8% reported it.31
    • Almost a third (32%) say they don’t know how to report an incident.32
  • In Sweden, 10% of women ages 30 and younger reported in 2015 being sexually harassed by someone within their organization in the last 12 months while 19% reported being sexually harassed by someone outside of it.33

UNITED STATES

In the United States, the Equal Employment Opportunity Commission (EEOC) handles complaints regarding sexual discrimination and harassment. The agency is tasked with enforcing anti-discrimination laws, as well as with collecting and disseminating statistics dealing with these issues.34

More Than a Third of Women Experience Sexual Harassment in the Workplace35
  • In 2018, 38% of women and 13% of men across the US claimed they had been sexually harassed in the workplace.36
Most Workplace Harassment Is Unreported37
  • In 2017, about 72% of sexual harassment charges filed with EEOC included allegations of retaliation.38
    • Despite the large volume of complaints filed with EEOC, most employees who experience harassment do not report. In fact, the least common response is to take formal action.39
Almost One in Three Cases Before the EEOC Are Sex Discrimination Cases40
  • In FY 2018, there were 24,655 charges of sex discrimination, which represented 32.3% of the total charges filed.41
Pregnancy Discrimination Is a Form of Sex Discrimination in the United States42
  • According to Title VII of the US Civil Rights Act of 1964, an employer cannot refuse to hire someone on the basis of pregnancy or a pregnancy-related condition, or based on the prejudices of co-workers.43
    • A pregnant employee must be allowed to work for as long as she can perform her job duties.44
  • Pregnancy discrimination is expensive: in 2018, the 2,790 receipts brought to the EEOC for pregnancy discrimination resulted in $16.6 million in monetary benefits (not including litigation awards) for employees.45
Sexual Harassment Claims Do Not Need to Result in Economic Suffering or Firing/Termination46
  • Sexual harassment can be from a supervisor, a supervisor from another department, a co-worker, a client, or a customer.47
  • Men filed 15.9% of sexual harassment charges in fiscal year 2018.48
Sexual Harassment Is Costly to Employers49
  • In addition to the financial costs associated with harassment complaints, the indirect costs of harassment include decreased workplace performance and productivity, increased turnover, and increased employee absences.50
  • A series of studies found that a single sexual harassment claim can lead to a dramatically reduced perception of the organization by the public.51 The studies also found that organizations’ timely, informative, and considerate action toward the victim can mitigate public backlash, almost to the same level as organizations with no sexual harassment claim.52
  • According to the EEOC, in 2018 sexual harassment charges resulted in $56.6 million in monetary benefits paid to employees.53

Note:
This Quick Take focuses on sex discrimination and sexual harassment. Sex discrimination is discrimination based entirely on sex, that is, being female or male. Gender discrimination is rooted in perceptions of gender, gender stereotyping, and gender biases.

ADDITIONAL RESOURCES

Lauren Pasquarella Daley, Dnika J. Travis, and Emily Shaffer, Sexual Harassment in the Workplace: How Companies Can Prepare, Prevent, Respond, and Transform Their Culture (Catalyst, March 15, 2018).

Catalyst, Sexual Harassment in the Workplace—What Employees Need to Know (March 15, 2018).

Catalyst, Sexual Harassment in the Workplace—What Employers Need to Know (March 15, 2018).

Australian Human Rights Commission, “Sex Discrimination.”

Canadian Human Rights Commission, “Make a Complaint.”

U.S. Equal Employment Opportunity Commission, “How to File a Charge of Employment Discrimination.”

National Women’s Law Center, Frequently Asked Questions About Sexual Harassment in the Workplace (2016).

National Women’s Law Center, Sexual Harassment in the Workplace (2016).

 

How to cite this product: Catalyst, Quick Take: Sex Discrimination and Sexual Harassment (December 5, 2019).

  1. Australia Human Rights Commission, “About Sexual Harassment.”
  2. World Bank Group, “Women, Business and the Law: Canada: Starting a Job.”
  3. European Commission, “Non-discrimination.”
  4. World Bank Group, “Women, Business and the Law: India: Starting a Job.”
  5. World Bank Group, “Women, Business and the Law: Japan: Starting a Job.”
  6. U.S. Equal Employment Opportunity Commission, “Sex-Based Discrimination.”
  7. U.S. Equal Employment Opportunity Commission, “Facts About Sexual Harassment.”
  8. National Women’s Law Center, “Sexual Harassment in the Workplace” (2016): p. 2.
  9. Australia Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces (2018): p. 6.
  10. Australia Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces (2018): p. 8.
  11. Australia Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces (2018): p. 9.
  12. Penny Vandenbroek, “Pregnancy and Childbirth’s Impact on Work,” Parliament of Australia, October 31, 2018.
  13. Australia Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces (2018): p. 8.
  14. Australia Human Rights Commission, 2017-2018 Complaint Statistics.
  15. Australia Human Rights Commission, 2017-2018 Complaint Statistics.
  16. Indian National Bar Association and Netrika Consulting, Garima: Sexual Harassment at Workplace (2017).
  17. Government of India, Ministry of Women and Child Development, Lok Sabha, Sexual Harassment of Women at Workplace, (July 27, 2018).
  18. Indian National Bar Association and Netrika Consulting, Garima: Sexual Harassment at Workplace (2017).
  19. Government of India, Sexual Harassment of Women at Workplace, (2018).
  20. “Japanese Government Panel Criticized Over Watered-Down Sexual Harassment Countermeasures,” The Japan Times, February 10, 2019.
  21. Japan Gender Equality Cabinet Office, “I. Facts and Figures: 6. Violence Against Women,” Women and Men in Japan (2019)
  22. Darcy Hango and Melissa Moyser, Harassment in Canadian Workplaces (Statistics Canada, 2018).
  23. Canadian Human Rights Commission, The Canadian Human Rights Commission’s 2018 Annual Report to Parliament (2018): p. 40.
  24. Darcy Hango and Melissa Moyser, Harassment in Canadian Workplaces (Statistics Canada, 2018).
  25. Helge Hoel and Maarit Vartia, Bullying and Sexual Harassment at the Workplace, in Public Spaces, and Political Life in the EU (2018): p. 19.
  26. Federal Anti-Discrimination Agency, Equal Rights, Equal Opportunities: Annual Report of the Federal Anti-Discrimination Agency (2018): p. 39-40.
  27. Federal Anti-Discrimination Agency, Equal Rights, Equal Opportunities: Annual Report of the Federal Anti-Discrimination Agency (2018): p. 42.
  28. “Sexual Harassment and Sexual Blackmail at Work,” Instituto Nazionale di Statistica (Istat) press release, February 13, 2018.
  29. Helge Hoel and Maarit Vartia, Bullying and Sexual Harassment at the Workplace, in Public Spaces, and Political Life in the EU (2018): p. 19.
  30. Inter-Parliamentary Union, Issues Brief: Sexism, Harassment and Violence Against Women in Parliaments in Europe (October 2018): p. 7.
  31. Young Women’s Trust, It’s (Still) a Rich Man’s World: Inequality 100 Years After Votes for Women (2018): p. 4.
  32. Young Women’s Trust, It’s (Still) a Rich Man’s World: Inequality 100 Years After Votes for Women (2018): p. 4.
  33. Statistics Sweden, Women and Men in Sweden: 2018 Facts and Figures (2018)
  34. U.S. Equal Employment Opportunity Commission, “Overview.”
  35. Rhitu Chatterjee, “A New Survey Finds 81 Percent of Women Have Experienced Sexual Harassment,” National Public Radio, February 21, 2018.
  36. Holly Kearl, The Facts Behind the #MeToo Movement: a National Study on Sexual Harassment and Assault, (Stop Street Harassment, 2018): p. 8.
  37. Chai R. Feldblum and Victoria A. Lipnic, Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace (U.S. Equal Employment Opportunity Commission, 2016).
  38. Jocelyn Frye, “Not Just the Rich and Famous,” Center for American Progress, November 20, 2017.
  39. Chai R. Feldblum and Victoria A. Lipnic, Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace (U.S. Equal Employment Opportunity Commission, 2016).
  40. U.S. Equal Employment Opportunity Commission, “Charge Statistics (Charges Filed with EEOC): FY 1997 Through FY 2017.”
  41. U.S. Equal Employment Opportunity Commission, “Charge Statistics (Charges Filed with EEOC): FY 1997 Through FY 2017.”
  42. U.S. Equal Employment Opportunity Commission, “Facts About Pregnancy Discrimination” (2008).
  43. U.S. Equal Employment Opportunity Commission, “Facts About Pregnancy Discrimination” (2008).
  44. U.S. Equal Employment Opportunity Commission, “Facts About Pregnancy Discrimination” (2008).
  45. U.S. Equal Employment Opportunity Commission, “Pregnancy Discrimination Charges FY 2010 – FY 2018.”
  46. U.S. Equal Employment Opportunity Commission, “Facts About Sexual Harassment.”
  47. U.S. Equal Employment Opportunity Commission, “Sexual Harassment.”
  48. U.S. Equal Employment Opportunity Commission, “Charges Alleging Sexual Harassment  FY 2010 – FY 2018.”
  49. Elyse Shaw, Ariane Hegewisch, and Cynthia Hess, Sexual Harassment and Assault at Work: Understanding the Costs (Institute for Women’s Policy Research, 2018).
  50. Elyse Shaw, Ariane Hegewisch, and Cynthia Hess, Sexual Harassment and Assault at Work: Understanding the Costs (Institute for Women’s Policy Research, 2018).
  51. Serena Does, Seval Gündemir, and Margaret Shih, “Research: How Sexual Harassment Affects a Company’s Public Image,” Harvard Business Review (2018).
  52. Serena Does, Seval Gündemir, and Margaret Shih, “Research: How Sexual Harassment Affects a Company’s Public Image,” Harvard Business Review (2018).
  53. U.S. Equal Employment Opportunity Commission, “Charges Alleging Sexual Harassment FY 2010 – FY 2018.”