TACKLING SEXUALHARASSMENT IN
THE WORLD OF WORK
Guidance Note | Principle 3

THE ISSUE
The private sector plays a key role in tackling genderbased violence in the world of work. Within this context,
this guidance note focuses on preventing and addressing
harassment in the workplace.
Despite global recognition of the scale and impact of the
problem and a widespread commitment to tackle it, sexual
harassment at work is a persistent and pervasive problem
that disproportionally affects women in all jobs, occupations
and sectors of the economy in all countries across the world.1
Taking into account the varying definitions, estimates suggestthat globally as many as 75 per cent of women over 18 – at least
two billion women – have experienced sexual harassment. 2
Sexual harassment can be more prevalent in certain sectors,
occupations and work arrangements, especially whereindividuals are exposed to particular risks that increase thelikelihood of violence and harassment. These include working
in contact with the public, working in environments wherealcohol is served, working non-standard hours, working withpeople in distress, working in intimate spaces and private
homes, or working alone in relative isolation or in remotelocations.3 The care sector, for instance, has a predominantly
female workforce and is one of the worst affected. Healthcare workers also report some of the highest levels of violencecompared to other industries and sectors, and violence in the

TACKLING SEXUAL HARASSMENT IN THE WORLD OF WORK

domestic work sector is ubiquitous.4 The number of womenexperiencing sexual harassment is higher in sectors whichprimarily pay piece-rates compared to those where womenare paid by the hour. 5

Box. 1

WEPs Tool Kit

This guidance note forms part of a toolkit to guide
gender-responsive business conduct in the private
sector in line with the Women’s Empowerment
Principles (WEPs) and ILO international labour
standards. It highlights the high costs of sexual
harassment in the workplace for workers, companies
and economies alike. It also shows how creating aculture of safety, respect and equality and tacklingsexual harassment at work makes business senseand benefits both employers and employees.
It specifically aims to support WEPs signatories inprioritizing, establishing and implementing robust
sexual harassment policies and practices which
promote the physical and emotional health,safety and wellbeing of all employees (Principle 3).

1

Box. 2Global action through global frameworks

There has been growing recognition of the need torecognize, address and eliminate gender-based violencein the world of work for more than 40 years and in more
recent years, this has begun to shine a light on the issueof sexual harassment in the workplace.
Along similar lines and with a specific focus on the worldof work, in 1985 the International Labour Conference
adopted a resolution on equal opportunities and equal
treatment for men and women in employment whichcalled for “policies for the advancement of equality[that] include measures to combat and prevent sexual
harassment.” In 1988, the Committee of Experts on the
Application of Conventions and Recommendations(CEACR) moved the issue forward by including sexual
harassment under the forms of discrimination addressedin the ILO Discrimination (Employment and Occupation)
Convention No. 111, which had been adopted almost 30
years before and addressed discrimination based on sex.
The inclusion of sexual harassment under the Convention
has been reiterated and further elaborated by the CEACR
in its General Observation of 2003, the General Surveyof 2012, and in its numerous observations and direct
requests made to Member States. ILO Convention No. 111
is a fundamental convention and has been ratified by
175 countries. ILO Member States who have not ratified
it still have the obligation because ILO membership is in
itself an obligation to respect, promote and realize theprinciple of elimination of discrimination in respect of
employment and occupation.
Most recently, the global community has made a historic
step towards eliminating violence and harassment in theworld of work: it has adopted the ILO Violence andHarassment Convention 2019 (No. 190) and its supplementary recommendation (No.206). The convention andrecommendation state that all workers have a right toa world of work free from harassment and violence.

These instruments provide the first international framework to prevent and address violence and harassment in
the world of work through an inclusive, integrated andgender-responsive approach, with a view to shaping afuture of work based on dignity and respect and free fromviolence and harassment. In this context, Goals 5 and 8 of
the Sustainable Development Goals (2015) are a reflectionof the ambition of the international community to move
forward in addressing sexual harassment. Goal 5 aims toachieve gender equality and empower women and girls,
including through the elimination of all forms of violenceagainst all women and girls in the public and private
spheres. Goal 8 aims to achieve full and productive
employment and decent work for all women and men,
including for young people and those with disabilities,
and equal pay for work of equal value.
The Group of 7 (G7) and the Group of 20 (G20) have also
made commitments to tackle this agenda. In 2017 underthe Italian G7 Presidency, the G7 Leaders adopted thefirst G7 Roadmap for a Gender-Responsive Economic
Environment and committed to deliver gender equality
by enabling women’s labour force participation, entrepreneurship and economic empowerment, and therefore
their full and equal participation in society. In 2019
under the French G7 Presidency, G7 gender ministers
condemned sexual harassment in digital contexts,
such as online and on social media, and expressed theirconcerns about this alarming phenomenon. Similarly,
the G20 Osaka Leaders’ Declaration in 2019 reaffirmed
the importance of taking measures to eradicate genderbased harassment, including in digital contexts.

2

The evidence paints a consistent, and bleak, picture: sexual
harassment is far from uncommon and is often compounded
by intersecting forms of discrimination such as age, race,
sexual orientation and employment type, among others.
•

Across 28 European Union States, 75 per cent of women insenior management have experienced sexual harassment
at work. Women aged 18 to 39 were most at risk.6•

A UK study revealed more than half of female respondents had experienced some form of sexual harassmentin the workplace.7•

Similar numbers are found in France (55 per cent) and
Italy (56 per cent), and the problem is even worse in
Spain (66 per cent) and Germany (68 per cent). 8•

Studies show that women file 80 per cent of sexual
harassment charges to the US Equal Employment
Opportunity Commission,9 with black women most
likely to do so.10•

In Canada, 19 per cent of women and 13 per cent of men
experienced harassment in the workplace in 2016,
with four per cent of women reporting that theharassment was sexual.11•

In Japan, a recent survey found that 50 per cent of
women university students had experienced sexual
harassment during recruitment processes. Threequarters indicated they had never told anyone.12

Despite the frequency with which it occurs and costly
consequences, sexual harassment remains under-reported.
Reasons include lack of awareness about what constitutes
sexual harassment, fear of retaliation, lack of effective
redress or reporting mechanisms, and stereotypes whichblame the victim instead of the perpetrator.13 In the EU,
only four per cent of people (both women and men) who
experience sexual harassment report it.14 In G20 countries,a 2015 study found that of the 29 per cent of women who
faced harassment at work, 61 per cent never or rarely
reported it.15 A US survey revealed that two thirds of women
who had reported sexual harassment were subsequently
assaulted, taunted, demoted or fired by their harassers
or friends of their harassers.16

SEXUAL HARASSMENT
Sexual harassment is a human rights violation. It is a formof gender-based discrimination rooted in unequal power
dynamics, gender stereotypes and systemic inequalities
between women and men, including in the world of work.17
Sexual harassment can be verbal, nonverbal, psychologicalor physical and may include written and electronic communications, cyberbullying and cyberstalking.18 Sexual harassment
undermines equality at work by calling into question the
integrity, dignity and wellbeing of workers19 and is incompatible

with decent work. 20 It may be further exacerbated whengender intersects with other dimensions of inequality suchas race and ethnicity, age, disability, sexual orientation andmigration status, among others. 21
Sexual harassment at work generally refers to a patternof behaviour but can also arise from a single incident.
It can take many forms which can include both quid pro quo
and hostile environment.

QUID PRO QUO INVOLVES:
1.

Any physical, verbal or non-verbal conduct of a sexual
nature and other conduct based on sex affecting the
dignity of women and men, which is unwelcome,unreasonable, and offensive to the recipient. 22

TACKLING SEXUAL HARASSMENT IN THE WORLD OF WORK

2. A person’s rejection of, or submission to, such conduct
is used explicitly or implicitly as a basis for a decision
which affects that person’s job. 23

3

HOSTILE WORK ENVIRONMENT INVOLVES:
Conduct that creates an intimidating, hostile or humiliating
working environment for the recipient.”24
Sexual harassment can occur outside the workplace andoutside regular working hours, including during official
travel or social functions related to work, as well as throughwork-related communication. 25 It can be perpetrated byanyone, including supervisors, colleagues, subordinates or
third parties such as clients, customers, service providers,
users, patients and members of the public. 26
The vast majority of perpetrators of sexual harassment aremen. While anyone can be subject to sexual harassment, theoverwhelming majority of reported victims* – irrespective ofjob, contractual status or sector whether private or public,
both in the formal and informal economy, and whether
in urban or rural areas – are women, including leaders,managers, trainees, apprentices, interns, volunteers,
job seekers and job applicants. 27
The adoption of an inclusive, integrated and gender-responsive
approach is crucial to eliminating violence and harassmentin the world of work. Tackling sexual harassment relies on
prevention measures which avoid the risk that gender,
cultural or social norms tacitly condone, support or perpetuate
inappropriate behaviour. There must also be a trustworthy,
confidential and independent system that delivers swift,complete and fair investigations leading to just resolutions
and appropriate remedies. This should be developed jointlywith workers even in the absence of collective agreements.
Everyone in the workplace needs to be confident that action
will be taken and that survivors, complainants, witnesses
and whistle-blowers will be protected from retaliation andcareer damage.
A victim- and survivor-centred approach which places therights, needs and wishes of victims at the centre of theemployer’s response is essential. It is critical to ensure theirsafety and security to avoid further harm and to “protect
the privacy of those individuals involved and confidentiality,
to the extent possible and as appropriate, and ensure that
requirements for privacy and confidentiality are not misused.”28

Box. 3Forms of sexual harassment**

Sexual harassment can be perpetrated in various
ways, ranging from looks and words to physicalcontact of a sexual nature. It can include, but is not
limited to:•

Attempted or actual sexual assault, including rape.

•

Sharing or displaying sexually inappropriate
images or videos in any format.

•

Sending sexually suggestive communicationsin any format.

•

Sharing sexual or lewd anecdotes or jokes.

•

Making inappropriate sexual gestures,such as pelvic thrusts.

•

Unwelcome touching, including pinching,patting, rubbing, or purposefully brushing up
against another person.

•

Staring in a sexually suggestive manner.

•

Repeatedly asking a person for dates
or asking for sex.

•

Rating a person’s sexuality.

•

Making sexual comments about appearance,
clothing or body parts.

•

Name-calling or using slurs with a gender/
sexual connotation.

•

Making derogatory or demeaning comments
about someone’s sexual orientation orgender expression.

* The terms ‘victims’ and ‘survivors’ are often used interchangeably, including in thisbrief. Sometimes, individuals do not feel like victims and prefer to not be referred toin this way. Others prefer to highlight that they have been affected and have notgotten support or redress.
**Amended from: UN System Chief Executive Board for Coordination Model Policy
on Sexual Harassment, available at: www.unsystem.org/CEBPublicFiles/UN%20
System%20Model%20Policy%20on%20Sexual%20Harassment_FINAL.pdf

4THE BUSINESS CASE
The costs of sexual harassment in the world of work areextremely high – for the individuals affected and for thecompanies where it occurs.

how detrimental sexual harassment is to a firm’s value: from2011 to 2017, annual shareholder value loss reached between$0.9 to $2.2 billion for harassment-prone firms, mainly as aresult sharp declines in operating profitability and increases
in labour costs. 36

Impact on individuals affected
Sexual harassment at work affects a person’s psychological,
physical and sexual health, dignity and family and social life,29
and can result in emotional distress such as depression,
post-traumatic stress disorder, sleeplessness, anxiety andphysical damage. Colleagues who see and witness sexual
harassment are also affected by it, creating an atmosphereof fear and intimidation resulting in lower productivity andincreased absenteeism. Evidence also shows that in theabsence of violence and harassment at work, the productivityof survivors and perpetrators, as well as bystanders,
improves.30
As sexual harassment primarily affects women, it may
exacerbate other workplace gender inequalities which holdwomen back or lead them to leave the labour market
altogether.31 It can result in lower job satisfaction, lower
organizational commitment and lower productivity.
It is one of the largest barriers to professional advancement32
with women who refuse sexual engagement often findingthat opportunities for on-the-job learning, advancement
and mentorship are hampered.33 A study revealed that 80 per
cent of women who experienced sexual harassment started
a new job within two years of the harassment taking place,in comparison with just over half of other working women.
The study also found significant financial stress as a result ofjob changes – sometimes without another job to go to – andthat sexual harassment can have long-term consequences
for earnings and career attainment.34

Costs for businesses
Sexual harassment in the world of work comes at a high costto businesses and their bottom line, including lower profitability, harm to workplace relations and workers’ engagement,
and damage to reputation.35 One recent study indicates just

TACKLING SEXUAL HARASSMENT IN THE WORLD OF WORK

Another study found that US companies with the highest
incidences of sexual harassment underperformed on the US
stock market by almost 20 per cent the subsequent year.
Return on assets and return on equity declined by 4.2 per centand 10.9 per cent respectively over the following two years,
and labour costs increased by an average of seven per cent.37
Both productivity and overall performance are negatively
affected by sexual harassment. Increased absences, reduced
motivation and commitment, and team disruption all lead tolost productivity, while the impact of exposure to sexual
harassment of colleagues can cause ‘bystander stress’ andteam conflict, damaging team performance.
A recent study in Australia estimated that workplace sexual
harassment cost the economy AUS$2.62 billion in lost
productivity in 2018. A US study showed that sexual
harassment causes an average damage of US$22,500 per
employee in terms of lost productivity and employee
turnover.38 The private sector has larger overall productivity
losses than the public sector, reflecting the larger shareof the labour force in the private sector.39 Occupational
stress for team members witnessing harassment also leads
to poorer financial performance, with one study finding that
the US federal government lost $193.8 million between 1992
and 1994 from decreased team-wide productivity as a resultof sexual harassment.40
With sexual harassment so damaging to the value of acompany, all leaders, though particularly the CEO, mustensure that measures to address it, including sanctions for
perpetrators, are applied consistently, and must cultivate acompany-wide approach to prevent and respond where it
does happen. Although this would reduce the costs ofcompensating survivors, it should be noted that these are
significantly lower than the costs associated with the impact
on profitability.41

5

Litigation arising from formal charges of harassment iscostly both in terms of legal fees and enterprise reputation.
For example, the US Equal Employment Opportunity
Commission received more than 7,600 charges of sexual
harassment in 2018 (representing a 13.6 per cent increase
from 2017) and recovered $56.6 million in compensation forsurvivors.42 These cases attract damaging negative publicity
which has been shown to cause reputational damage anddeter customers, investors and potential talent.43 More recent
research in the US found that a single sexual harassment
claim could be sufficient to dramatically shape public
perception of a company and elicit perceptions of structural
unfairness and inequality.44
Sexual harassment also leads to higher employee turnover,which is costly as well as disruptive to organizations.
Employees affected by sexual harassment are more likely
to change jobs,45 with US research finding that up to one
third of women who experience sexual harassment intend
to leave their jobs, depending on their industry, position andsecurity without a job.46 The cost of replacing an employee
in cases of sexual harassment is significantly higher thanlitigation costs.47 In fact, estimates suggest that employee
turnover costs 16 to 20 per cent of an employee’s annual
salary, rising to up to 213 per cent of salary for experienced
managerial and professional staff.48

Sexual harassment cases can also result in lost investments
as investors increasingly opt for companies that align with
their values,50 and portfolio managers take steps to avoid
companies linked to sexual misconduct.51 A survey by theInvestment Management Due Diligence Association foundthat 26 per cent of professional investment allocators inquired
about sexual harassment in 2019, up from 11 per cent in 2018,
and led the association to make recommendations ensuringthat due diligence around sexual harassment is more robust.
The US Council of Institutional Investors also advises thatspecific questions are put to boards, including how they are
informed of and handle allegations of sexual harassment.52
Companies that invest in building inclusive culture basedon safety, respect and dignity are better positioned to attract
and retain talent, with both customers and employees
increasingly picking brands they perceive to “do the rightthing.” Customers want more information from companies
about their commitment to diversity, inclusion and genderequality, and recent research in the US found that a single
sexual harassment claim can dramatically reduce the public
perception of an organization and elicit perceptions ofstructural unfairness and inequality.53

Perhaps not surprisingly, sexual harassment also leads toincreased absenteeism. A 2016 study revealed that approximately one in six employees who experienced sexual harassment took sick or annual leave after they were harassed.49

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WHAT CAN COMPANIES DO?
Tackling sexual harassment head on needs companies todevelop and enforce comprehensive policies, procedures andtraining which address all forms of gender-based violenceand harassment. These must promote respect and equality
and be built on corporate cultures which also respect diversity,
inclusivity and gender equality. Workplace health and safety
management processes must consider all the risks associatedwith violence and harassment, including identifying hazards
or risk-factors, and ensuring adequate information andtraining is in place in collaboration with unions and workers’
representatives.54

1.

CULTURE4. Require anonymous employee surveys that include
questions about workplace environment, with meaningful
data on employee views flowing to the board.

Reducing the incidence and costs of sexual harassment
should not be seen as standalone or separate from the overall
corporate culture. Effectively tackling harassment in theworkplace starts with a culture based on respect and dignity;
where work can be seen as a place of trust, support andprotection; where all forms of violence and harassment are
actively rejected; and where gender equality is the norm.
Companies who have fostered genuinely inclusive and genderequal cultures built on the Women’s Empowerment Principles(WEPs) are likely to find that taking active steps to prevent
and address sexual harassment is a natural progression.
Creating the right culture must begin with and involve thehighest level of management, including the board of directors.
Senior colleagues should play a key role in setting a strong
tone at the top and providing leadership in tackling violenceand sexual harassment, empowering workers to raise
concerns and treating everyone fairly. 55 Companies mustalso recognize and tackle any aspects of their corporate
culture which supports and perpetuates sexual harassment
and harmful gender stereotypes, making sure that putting
an end to them becomes a fundamental part of thecompany’s functioning.

TACKLING SEXUAL HARASSMENT IN THE WORLD OF WORKAll boards should have an ongoing discussion about
preventing and addressing violence and harassment andshould assess their company’s policies on it. According to
the US Council of Institutional Investors, boards should takethe following steps to tackle sexual harassment:56
Include sexual harassment in their regular risk assessments.

2. Discuss company culture systematically and on aregular schedule.
3. Request regular sexual harassment reports from HR on
an ongoing basis without breaching confidentiality
around personal information and data.

5. Assess organizational tolerance for behaviour by highperformers and other high-value employees that isinconsistent with the company’s stated values and codeof conduct.
6. Assess key factors that may make harassment more likely,
including male-dominated power dynamics, ineffective
resolution mechanisms and decentralised andisolated workspaces.
As the #MeToo movement magnified public rejection of sexual
harassment in the world of work, senior leaders in companies
around the world recognized how harmful violence andsexual harassment can be to a business’s brand and bottom
line. #MeToo encouraged men to become allies and speak
publicly against sexual harassment and encouraged
companies to support victims in their actions.
While senior leadership buy-in is key, all staff members must
actively participate in eliminating sexual harassment withclear lines of accountability and transparency put in place.
The focus should be on preventing sexual harassment rather
than just responding to it. This involves cultivating a safe,
respectful and equitable corporate culture by fosteringcollaboration, teamwork and respect, and promoting genderequality and diversity.57

7

Research shows that organizations with the lowest prevalenceof sexual harassment are those with the greatest genderbalance.58 Diversity and inclusion need to apply right up toleadership because workplaces with higher numbers of
women and representatives from minority groups in management appear to have lower reports of sexual harassment.
Companies with more diverse leadership also tend to havehigher financial returns than competitors in their industry,a phenomenon called the diversity dividend. 59

POLICY
Workplace policies to address sexual harassment should:
1.

Define sexual harassment and make clear that it will not
be tolerated. They should also acknowledge that it is ahuman rights violation and gender-based discrimination,
regardless of sex, and may intersect with other dimensionsof inequality, such as race, ethnicity, age, disability,
nationality, religion, sexual orientation and other social
vulnerabilities such as poverty.60

2. Recognize sexual harassment as unwelcome sexual
conduct in the workplace, with unwelcomeness–rather than consent– assumed as standard.
3. Be developed in consultation with workers’ representatives
and having explored the views of employees, managers
and diverse groups of workers, including women.
4. Clearly state everyone’s rights, responsibilities, duties
and role to prevent and address sexual harassment.
5. Encourage, train and support bystander interventions sothat those who witness an incident of sexual harassment
can take steps to protect or remove the target fromthe situation, address the harasser or help to defuse asituation.61 Bystanders can also provide support to victims,
can report perpetrators via a third-party complaint
mechanism or, if necessary, keep a record of what theyobserve to help victims once they are ready to report.
6. Provide information on complaint and investigation
procedures that are easily accessible to all, including
people with disabilities. These should set out how
workers can make complaints using both formal andinformal channels. Informal complaints processes,

such as ombudsperson systems, are important as not all
victims want to pursue a formal complaint. All complaints
must be promptly and thoroughly investigated and/or
resolved, whether raised formally or informally.
7.

Include robust measures and tools to monitor andevaluate the effectiveness and efficiency of the policy
and any related action to address sexual harassment.62

8. Be disseminated and available to all workers. The role ofthe employer and of employees needs to be clearly
established in the policy. Managers, supervisors andworkers responsible for implementation need training tofully understand their roles and responsibilities to createa harassment-free environment. The employer should
also ensure that workers understand the policy andprocedures for preventing and responding to harassment,
and that there is no risk or fear of retribution if theyintervene as a bystander.
9. Prevent retaliation and reprisals for reporting and ways
to review and assess their effectiveness.

TRAINING
Information and training provided by employers, including
on prevention and protection measures, should be available
in accessible formats as appropriate.63 Companies should aim
to make ending sexual harassment everyone’s responsibility,with all employees able to contribute to positive, respectful
and gender-responsive workplaces built on a culture ofconfidentiality and trust.
Training, guidance and awareness-raising for managers,
supervisors, and workers and their representatives must be inplace to ensure everyone understands the risks of violenceand harassment and how to tackle it. Making everyone feelsafe and giving them a role in reporting sexual harassment
means that the responsibility for speaking up is shared,
rather than relying on victims to come forward.64
Emerging evidence suggests that the most effective
initiatives include training for managers on recognizing earlysigns of harassment and intervening swiftly, and bystanderintervention programmes which teach bystanders to stepin when someone is behaving inappropriately.65

8Bystander training can empower workers to intervene andhelp prevent violence and harassment from occurring.66
It gives employees the skills to become “active” bystanders
and fosters a culture of safety, respect and equality.
Intervention training which teaches employees how to stepin to protect or remove the target of sexual harassment froma situation, address the harasser or help to defuse a situation
are also known to be effective. However, particularly in cases
where the perpetrator is in a position of power, a bystander
may need to weigh the risks involved. It is therefore importantto establish third-party complaint mechanisms for individuals
who may not be a direct recipient of the sexual harassment
but feel that the behaviour has created an intimidating or
offensive environment, and recourse if a worker feels they
are being retaliated against.

PROCEDURE
Procedures for reporting incidents of sexual harassment need
to be aligned with international labour standards that comply
with or go beyond local employment laws and policies.
They must be gender-responsive and make it safe and easy
for victims and bystanders to report sexual harassment
without fear of retaliation. They should also offer confidential
and anonymous reporting systems, including for witnesses,
for example, using online mechanisms.67 Pathways to reportconcerns should be clear, accessible and comprehensible,
including for workers with disabilities. Various options forreporting should be available through clearly defined formal
and informal processes, because it is more likely that victims
will find someone they are comfortable speaking to if multiple
options are open to them. None of the procedures should
be intimidating or complex.
Companies can also set up ombudsperson systems.
These should be informal, neutral and confidential, with only
the ombud officer aware of the issue. This can empower
victims, giving them the information and space they need tothink through their options and decide what action to takeand whether to make complaints known to the perpetrator.
Ombud offices hold no formal hearings and are not guided
by rules of evidence, but also do not prevent more formal
action being taken subsequently.

TACKLING SEXUAL HARASSMENT IN THE WORLD OF WORK

Investigation and redress processes should be genderresponsive, victim-focused, independent from institutions of
power and separate from the chain of command, promoting
the well-being of victims and witnesses. Victims should be
supported throughout and provided with relevant information,for example peer support groups and referrals to appropriate
services. A victim-centred approach to investigation processes
should seek to ensure the victim’s informed consent before
taking any formal measures although, under certain circumstances, “an employer’s duty of care to their employees may
require action to be taken without consent of the victim.”68
Confidentiality is key to ensure the “protection against
victimization of or retaliation against complainants, victims,
witnesses and whistle-blowers” and to “protect the privacyof those individuals involved and confidentiality, to the extent
possible and as appropriate, and ensure that requirementsfor privacy and confidentiality are not misused.”69
Victims should be treated with the utmost respect and bereassured that the responsibility for addressing sexual
harassment does not belong with them. Companies should
also ensure that there is no retaliation or backlash if victims
come forward, and that the job, reputation and opportunities
for advancement of survivors are not negatively affected.70
The process should be prompt and thorough with clearly
defined and enforced time limits. Procedures should be
equitable, for example if perpetrators are allowed a lawyer,
union representative or advocate, survivors and witnesses
should also have one. It is also important to set out what
interim measures may be taken, such as relocating the alleged
perpetrator’s workspace or putting them on administrative
leave, implementable at any time during proceedings.
Protection, support and remedial measures must also be
available for the victim, including counselling and line-manager
support, as well as remedies and compensation for material
and non-material damages where appropriate.71
Collecting data on all reports of sexual harassment is vital.
This should be disaggregated by sex, age, disability, nationality
and other relevant categories for both survivors andperpetrators. Data collection must be built into the normal
functioning of the process and transparently made public at
regular intervals without disclosing any personal data or details.

9Protection against retaliation should be offered to the initiating party, as well as victims, witnesses and whistle-blowers.
As per disciplinary action, sanctions should be clearly set out,
as well as “proportional to the behaviour in question andconsistent with previous cases.”72 Depending on the context
and the relevant national law, sanctions and other measuresdirected at the perpetrator can include verbal or written
warnings, a direct apology, dismissal, mediation, coaching,counselling or ongoing supervision. Utmost care should betaken to make sure that perpetrators are not simply
re-assigned, particularly when such reassignment involves
a promotion or a move to a better position.

Further reading:(clic the image to acces the document)

Nondisclosure agreements should not be permitted in casesof repeated or violent behaviour. If such behaviour is known
by the institution but is not disclosed during settlement,
or if such behaviour occurs by the perpetrator subsequent
to a settlement, nondisclosure agreements should be voided,in order to empower the victim and ensure accountabilityof perpetrators.73
Addressing sexual harassment needs accountability systems
which ensure perpetrators are held responsible in meaningful,appropriate and proportionate ways.74 Finally, any efforts
to address sexual harassment must be given sufficient timeand resources to be effective.

10

ENDNOTES
1.

ILO and UN Women (2019). Handbook: Addressing
violence and harassment against women in theworld of work, pp. III (New York, NY). Available
here: www.unwomen.org/-/media/headquarters/
attachments/sections/library/publications/2019/addressing-violence-and-harassment-against-women-in-the-world-of-work-en.pdf?la=en&vs=4050

2. Ibid.
3. ILO (2016). Conclusions of the Meeting of Experts
on Violence against Women and Men in the Worldof Work, Governing Body, 325th session, Geneva,
2-6 October 2016; Available here: https://www.ilo.org/wcmsp5/groups/public/---dgreports/---gender/
documents/meetingdocument/wcms_546303.pdf
4. ILO (2018). Care work and care jobs for the futureof decent work (Geneva), p. 171. Available here:
https://www.ilo.org/wcmsp5/groups/public/--dgreports/---dcomm/---publ/documents/
publication/wcms_633135.pdf .
5. ILO (2019). A quantum leap for gender equality.
For a better future of work for all (Geneva), p. 68.
Available here: https://www.ilo.org/wcmsp5/
groups/public/---dgreports/---dcomm/---publ/
documents/publication/wcms_674831.pdf
6. European Agency for Safety and Health at Work.
Sexual Harassment at Work. Infographics available
here: https://osha.europa.eu/en/tools-and-publications/infographics/sexual-harassment-work
7. Trades Union Congress (2016). Still just a bit of banter?
Sexual harassment report. Available here: www.tuc.
org.uk/research-analysis/reports/still-just-bit-banter
8. Institut d’études opinion et marketing en France età l’international (2017). Observatoire européen dusexisme et du harcèlement sexuel au travail.
Available here: https://www.ifop.com/wp-content/uploads/2019/10/Note_analyse.pdf
9. Frye, Jocelyn (2017). Not Just the Rich and Famous:
The Pervasiveness of Sexual Harassment AcrossIndustries Affects All Workers. Center for American
Progress. Available here: www.americanprogress.
org/issues/women/news/2017/11/20/443139/notjust-rich-famous/
10. Rossie, Amanda, Tucker, Jasmine and Patrick, Kayla(2018). Out of the Shadows: An Analysis of Sexual
Harassment Charges Filed by Working Women.
National Women’s Law Center. Available here:
https://nwlc.org/resources/out-of-the-shadowsan-analysis-of-sexual-harassmentcharges-filedby-working-women/
11. Hango. D. and Moyser, M. (2018). Insights on CanadianSociety: Harassment in Canadian workplaces.
Available here: www150.statcan.gc.ca/n1/pub/75-006-x/2018001/article/54982-eng.htm
Women’s Action Network, Statement Demanding
Implementation and Effective Measures to Prevent
Sexual Harassment in Job-hunting , November 2019.
Available at: https://wan.or.jp/article/show/8679
12. ILO (2020). Sexual harassment in the world of work,in Series of technical briefs: Violence and harassmentin the world of work (Geneva).
13. European Agency for Safety and Health at Work.
Sexual Harassment at Work. Infographics available
here: https://osha.europa.eu/en/tools-and-publications/infographics/sexual-harassment-work
14. Thomson Reuters Foundation. Nearly one third of
G20 women harassed at work but few speak out.
Available at: https://poll2015.trust.org/i/?id=8a70602c-025e-413f-9336-26947bf755d2

15. Alexandra Kalev and Frank Dobbin, Harvard
Business Review (2020). Why Sexual Harassment
Programs May Backfire – Confronting Sexual
Harassment. Available here: https://hbr.org/2020/05/confronting-sexual-harassment?utm_medium=email&utm_source=newsletter_monthly&utm_
campaign=womenatwork_not_activesubs&delivery
Name=DM78367
16. A notion of the “world of work” that goes beyond
the physical workplace touches on issues such as
women’s safety in public spaces, transport, nightwork and when the home or the street is theworkplace, as referenced in ILO and UN Women(2019). Handbook: Addressing violence andharassment against women in the world of work,
pp. III (New York, NY). Available here: www.
unwomen.org/-/media/headquarters/attachments/sections/library/publications/2019/addressingviolence-and-harassment-against-women-in-theworld-of-work-en.pdf?la=en&vs=4050
17. See for example, Cyber Violence Against Womenand Girls: A world-wide wake-up call; The final
discussion paper of the Working Group on
Broadband and Gender co-chaired by UNDP and
UN Women, 2019, Available here: https://www.
unwomen.org/en/news/stories/2015/9/cyberviolence-report-press-release
18. ILO (2012). Giving Globalization a Human Face,
Report III (Part 18), International Labour Conference,
101st session, para 789.
19. ILO Violence and Harassment Convention, 2019(No. 190). Available here: www.ilo.org/dyn/normlex/
en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_
CODE:C190
20. UN Women (2019). Towards an end to sexual
harassment: the urgency and nature of change inthe era of #MeToo. Available at: https://www.
unwomen.org/-/media/headquarters/attachments/sections/library/publications/2018/towards-anend-to-sexual-harassment-en.pdf?la=en&vs=4236
21. ILO. 2003. Report of the Committee of Experts on
the Application of Conventions and Recommendations, Report III (Part 1A), International Labour
Conference, 91st Session (Geneva), pp. 463. As
found in ILO and UN Women. 2019. Handbook:
Addressing violence and harassment against
women in the world of work, pp. 7 (New York, NY).
Available here: www.unwomen.org/-/media/
headquarters/attachments/sections/library/publications/2019/addressing-violence-andharassment-against-women-in-the-world-ofwork-en.pdf?la=en&vs=4050
22. Ibid.
23. Ibid.
24. ILO Violence and Harassment Convention, 2019(No. 190), Article 3. See also: De Stefano, V., Durri,I., Stylogiannis, C., Wouters, M. 2020. System needs
update: Upgrading protection against cyberbullying
and ICT-enabled violence and harassment in theworld of work, ILO Working Paper 1 (Geneva, ILO).
25. ILO Violence and Harassment Convention, 2019(No. 190), Article 4(2); ILO Violence and Harassment
Recommendation, 2019 (No. 206), Paragraph 8 (b).
26. ILO and UN Women. 2019. Handbook: Addressing
violence and harassment against women in theworld of work (New York, NY). Available here:
www.unwomen.org/-/media/headquarters/
attachments/sections/library/publications/2019/addressing-violence-and-harassment-againstwomen-in-the-world-of-work-en.pdf?la=en&vs=4050

TACKLING SEXUAL HARASSMENT IN THE WORLD OF WORK

27. ILO Violence and Harassment Convention, 2019(No. 190), Article 10(c).
28. ILO Violence and Harassment Convention, 2019(No. 190), Preamble.
29. ILO and UN Women. 2019. Handbook: Addressing
violence and harassment against women in theworld of work, pp. III (New York, NY). Available
here: www.unwomen.org/-/media/headquarters/
attachments/sections/library/publications/2019/addressing-violence-and-harassment-againstwomen-in-the-world-of-work-en.pdf?la=en&vs=4050
30. ILO Violence and Harassment Convention, 2019(No. 190), Preamble.
31. Willness, C. Lee, K. Steel, P. (2007) A meta-analysisof the antecedents and consequences of workplacesexual harassment. Available here: www.researchgate.net/publication/229573693_A_meta-analysis_of_the_antecedents_and_consequences_of_
workplace_sexual_harassment
32. Sugerman, Lauren (2018). #MeToo in Traditionally
Male-Dominated Occupations: Preventing andAddressing Sexual Harassment. Chicago: Chicago
Women in the Trades. Available here: http://womensequitycenter.org/wp-content/uploads/2017/10/
CWIT-MeToo-in-Male-Dominated-Jobs-003.pdf
33. McLaughlin, Heather, Uggen, Christopher andBlackstone, Amy (2017). The Economic and Career
Effects of Sexual Harassment on Working Women.
Gender & Society 31(3): 333–58. Available here:
https://doi.org/10.1177/0891243217704631
34. ILO Violence and Harassment Convention, 2019(No. 190), Preamble.
35. Au, Shiu-Yik, Dong, Ming and Tremlay, Andreanne(5 June 2020). How Much Does Workplace Sexual
Harassment Hurt Firm Value? Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=
3437444
36. Au, Shiu-Yik (2019). The real cost of workplacesexual harassment to businesses. Available here:
http://theconversation.com/the-real-cost-of-workplace-sexual-harassment-to-businesses-122107
37. Willness, C. Lee, K. Steel, P. (2007). A meta-analysisof the antecedents and consequences of workplacesexual harassment. Available here: www.researchgate.net/publication/229573693
38. Deloitte (2019). The economic costs of sexual
harassment in the workplace. Final report. Available
here: www2.deloitte.com/content/dam/Deloitte/
au/Documents/Economics/deloitte-au-economiccosts-sexual-harassment-workplace-240320.pdf
39. Sierra, Jeremy (2008). Brand Response-Effects ofPerceived Sexual Harassment in the Workplace.
Journal of Business and Management. Available
here: www.academia.edu/4963305/Brand_
Response-Effects_of_Perceived_Sexual_
Harassment_in_the_Workplace
40. Ibid

41. U.S. Equal Employment Opportunity Commission(EEOC) (2019). EEOC Releases Fiscal Year 2018
Enforcement and Litigation Data. Available here:
www.eeoc.gov/eeoc/newsroom/release/4-10-19.cfm
42. McDonald, P. (2011). Workplace Sexual Harassment
30 Years on: A Review of the Literature. Available
here: https://onlinelibrary.wiley.com/doi/abs/10.1111

11

/j.1468-2370.2011.00300.x
43. Harvard Business Review. (2018.) Research: How
Sexual Harassment Affects a Company’s Public
Image. Available here: https://hbr.org/2018/06/
research-how-sexual-harassment-affects-acompanys-public-image
44. McLaughlin, Heather, Uggen, Christopher andBlackstone, Amy (2017). The Economic and Career
Effects of Sexual Harassment on Working Women.
Gender & Society 31(3): 333–58. Available here:
https://doi.org/10.1177/0891243217704631 or
https://journals.sagepub.com/doi/10.1177/0891243217704631
45. Housman, Michael and Minor, Dylan (2015). Toxic
Workers. Available here: www.hbs.edu/faculty/
Publication%20Files/16-057_d45c0b4f-fa19-49de-8f1b-4b12fe054fea.pdf
46. Shaw, Elyse, Hegewisch, Ariane and Hess, Cynthia.
(2018). Sexual Harassment and Assault at Work:
Understanding the Costs. Available here: https://
iwpr.org/publications/sexual-harassment-work-cost/
47. Ibid
48. U.S. Merit Systems Protection Board (2018).
Update on Sexual Harassment in the Federal
Workplace. Washington, DC: U.S. Merits System
Protection Board. Available here: www.mspb.gov/
MSPBSEARCH/viewdocs.aspx?docnumber=1500639&version=%201506232&application=ACROBAT
49. Fischer, Michael (2019). Institutional Investors Ignore
Sexual Harassment at Their Peril, Group Warns.
Available here: www.thinkadvisor.com/2019/12/10/institutional-investors-ignore-sexual-harassment-attheir-peril-group-warns/
50. Marketplace (2017). As women speak out on sexual
harassment, investors take note. Available here:
https://www.marketplace.org/2017/11/10/women-speak-out-sexual-harassment-investors-take-note/
51. Bertsch, Ken, Whitehill, Brandon and Lally,
Rosemary (2019). Boards, investors and sexual
harassment in the workplace. Available here:
https://ethicalboardroom.com/boards-investorsand-sexual-harassment-in-the-workplace/
52. Carufel, Richard (2018). A single sexual harassment
claim can tank your brand’s public image. Available
here: https://www.agilitypr.com/pr-news/public-relations/sexual-harassment-public-image/
53. Based on ILO materials on OSH as well as ILO
Convention No.190 article 9 and Recommendation
No. 206 paragraph 8, and Convention No. 155

54. Ethical Boardroom. Boards, investors and sexual
harassment in the workplace. Available here:
https://ethicalboardroom.com/boards-investorsand-sexual-harassment-in-the-workplace/
55. Ibid
56. Gerdeman, Dina (11 April 2019). Sexual Harassment:

What Employers Should Do Now. Available at:https://hbswk.hbs.edu/item/sexual-harassmentwhat-employers-should-do-next
57. International Center for Research on Women (ICRW).
The costs of sex-based harassment to businesses:
an in-depth look at the workplace.(2018) Available
here: www.icrw.org/wp-content/uploads/2018/08/ICRW_SBHDonorBrief_v4_WebReady.pdf
58. Hunt, Vivian, Layton, Dennis and Prince, Sara (2015).
Why diversity matters. McKinsey. Available here:
www.mckinsey.com/business-functions/organization/our-insights/why-diversity-matters
59. UN Women (2019). Towards an end to sexual
harassment: the urgency and nature of change inthe era of #MeToo. Available here: https://www.
unwomen.org/-/media/headquarters/attachments/sections/library/publications/2018/towards-anend-to-sexual-harassment-en.pdf?la=en&vs=4236
60. Ibid
61. Hoel, Helge and Vartia, Maarit (2018). Bullying andsexual harassment at the workplace, in public spaces,
and in political life in the EU. Directorate Generalfor Internal Policy – Policy Department for Citizens’
Rights and Constitutional Affairs, European
Parliament, European Union. Available here: https://www.europarl.europa.eu/RegData/etudes/STUD/2018/604949/IPOL_STU(2018)604949_EN.pdf
62. ILO Violence and Harassment Convention, 2019(No. 190), Article 9(d).
63. Gerdeman, Dina (11 April 2018). Sexual Harassment:
What Employers Should Do Now. Available at:https://hbswk.hbs.edu/item/sexual-harassmentwhat-employers-should-do-next
64. UN Women. 2019. What will it take? Promoting
cultural change to end sexual harassment.
Available here: www.unwomen.org/en/news/
stories/2019/9/press-release-new-publicationaddresses-how-to-end-sexual-harassment. See
also Dobbin, Frank and Kalev, Alexandra (2020).
Why Sexual Harassment Programs May Backfire– Confronting Sexual Harassment. Harvard Business
Review. Available here: https://hbr.org/2020/05/
confronting-sexual-harassment?utm_medium=email&utm_source=newsletter_monthly&utm_
campaign=womenatwork_not_activesubs&delivery
Name=DM78367

67. ILO and UN Women (2019). Handbook: Addressing
violence and harassment against women in theworld of work, pp. 77 (New York, NY). Available
here: www.unwomen.org/-/media/headquarters/
attachments/sections/library/publications/2019/addressing-violence-and-harassment-againstwomen-in-the-world-of-work-en.pdf?la=en&vs=4050
68. ILO Violence and Harassment Convention, 2019(No. 190), Article 10(b) and 10(c).
69. Gerdeman, Dina (2018). Sexual Harassment: What
Employers Should Do Now. Harvard Business School.
Available here: https://hbswk.hbs.edu/item/sexual-harassment-what-employers-should-do-next
70. UN Women (2019). Towards an end to sexual
harassment: the urgency and nature of change inthe era of #MeToo. Available at: https://www.
unwomen.org/-/media/headquarters/attachments/sections/library/publications/2018/towards-anend-to-sexual-harassment-en.pdf?la=en&vs=4236
71. ILO and UN Women (2019). Handbook: Addressing
violence and harassment against women in theworld of work, pp. 77 (New York, NY). Available
here: www.unwomen.org/-/media/headquarters/
attachments/sections/library/publications/2019/addressing-violence-and-harassment-againstwomen-in-the-world-of-work-en.pdf?la=en&vs=4050
72. For a detailed list and explanation of core elementsof effective sexual harassment policy andprocedure policy developed by Professor
Catherine MacKinnon, see Towards an end tosexual harassment: The urgency and nature ofchange in the era of #MeToo
73. Feldblum, Chai and Lipnic, Victoria (2016). EEOC
Select Task Force on the Study of Harassment in
the Workplace, Report of Co-Chairs Chai R. Feldblum
and Victoria A. Lipnic. www.eeoc.gov/eeoc/task_f
orce/harassment/

65. ILO and UN Women (2019). Handbook: Addressing
violence and harassment against women in the worldof work, pp. III (New York, NY). Available here: www.
unwomen.org/-/media/headquarters/attachments/sections/library/publications/2019/addressingviolence-and-harassment-against-women-in-theworld-of-work-en.pdf?la=en&vs=4050
66. UN Women (2019). Towards an end to sexual
harassment: the urgency and nature of change inthe era of #MeToo. Available at: https://www.
unwomen.org/-/media/headquarters/attachments/sections/library/publications/2018/towards-anend-to-sexual-harassment-en.pdf?la=en&vs=4236

12

Promoting Economic Empowerment of Women at Work through Responsible Business Conduct in G7 Countries(WE EMPOWER—G7 Programme) is funded by the European Union (EU) and jointly implemented with the International
Labour Organization (ILO). The Programme (2018-2020) will convene stakeholder dialogues in the EU, Canada, Japan andthe US to exchange knowledge, experiences, good practices and lessons learned in the context of the changing world ofwork. Under the Women’s Empowerment Principles (WEPs), WE EMPOWER is working to equip companies to go beyond
making commitments on gender equality and women’s empowerment, to strengthening their implementation, datacollection and reporting on the WEPs.

ACKNOWLEDGEMENTS:
This guidance note was prepared by the United Nations Entity for Gender Equality and the Empowerment of Women(UN Women) under the WE EMPOWER – G7 programme funded by the European Union and jointly implemented with theInternational Labour Organization. The brief was prepared by Anna Falth, Carla Kraft, Diana Rusu and Inkeri von Hase of
UN Women with substantive contributions from Madison Bailey, Dina Deligiorgis, Sara Denby, Magali Gay-Berthomieu,
Meral Guzel, Kalliopi Mingeirou, Mariko Saito and Edward Wageni of UN Women; Laura Addati, Valentina Beghini and
Irini Proios Torras of the of the International Labour Organization; and Vicky Smallman and Tara Paterson of the Canada
Labour Congress.
DISCLAIMER:
This guidance note was produced with the financial support of the European Union. Its contents are the sole responsibility of
the authors and do not necessarily reflect the views of the European Union, the United Nations and their member States.
Edit: ProseWorks
Design: Oliver Gantner

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