企业建立防治职场性骚扰机制的现实需求与对策

Research Report of Prevention and Control of Workplace Sexual Harassment

本课题项目组通过实证调研和文献比较,发现企业建立防治职场性骚扰机制有现实需求。在国家立法确立用人单位防止性骚扰义务之后,企业性骚扰防治机制的推广并不顺利。因为此项义务规定过于笼统而难以落实,职场性骚扰定义的缺位导致认定难,保护对象限于女性的褊狭令部分男性对防治职场性骚扰持消极态度,受害人多数不愿选择向主管投诉或向法院起诉,知情人不愿作证。基于此,有必要从立法模式及其理念、具体制度设计方面提出建立防治职场性骚扰机制的对策,以供在相关立法及决策时有所参考。

Through the empirical research and literature comparison, we found that business entities have real demand of establishing a mechanism to prevent workplace sexual harassment. Even though the national legislative has established employer＇s legal obligation to avoid sexual harassment in the workplace, prevention and control mechanism is not well promoted because the concept is too broad to implement and the term workplace sexual harassment is not legally defined. In addition, since the protection object is limited to female only, there are some negative attitudes arising from males on prevention and control of workplace sexual harassment. In fact, most of the victims don＇t want to choose to report to management or sue to the court, even if they do, it is difficult to find witness who is willing to testify against their perpetrators. In respect of these issues, this article proposes solutions focused on the legislative mode and its ideas and the system design.