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CHAPTER II LITERATURE REVIEW

2.1 INTRODUCTION

In the past two decades, research has shown that the sexual harassment of women by men is widespread in business, academic, government, and military settings. Since males are considered the power brokers in organizations, a formal power differential is often cited in instances of sexual harassment at work and in higher education. For long term impact sexual harrasment affect emotional and physical health of the victim. (Jim Matchen and Eros DeSouza, 2000). A 2002 study conducted by AWAM and Women’s Development Collective (WDC) found that 35% of respondents in Malaysia had experienced one or more forms of sexual harassment.

2.2 WHAT IS SEXUAL HARASSMENT?

The original Sex Discrimination Act did not contain a definition of sexual harassment or what would constitute harassment and this has been developed through case law. Amendments to the Act in 2005 introduced two definitions of sexual harassment: unwanted conduct on the grounds of someone's sex; and unwanted physical, verbal or non-verbal conduct of a sexual nature. The European Parliament has defined 'harassment related to sex' as follows:

//Where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.//

Although there is general agreement about which behaviours may constitute sexual harassment, the individual experience of sexual harassment is subjective, but a key characteristic is that it is unwanted by the recipient. (Carrie Hunt, Marilyn Davidson, Sandra Fielden and Helge Hoel, 2007)

The legal test of unwelcome behaviour is subjective as it is based on the perceptions, reactions and feelings of the victim and not the intention of the harasser. The intention and the motive are not necessary or relevant elements in establishing sexual harassment. It is important to distinguish this unwelcome behaviour from other forms of behaviour, which do not constitute sexual harassment such as actions in the context of friendship, consensual sexual relationships, and conduct that is invited or reciprocated. It is crucial to understand that even though a person does not complain or take some form of action against the objectionable behaviour, this does not indicate consent.

Sexual harassment can take many forms from sexually explicit remarks and banter, to harassment over the telephone and via email, to sexual assault. Studies have found that individuals have different perceptions of sexual harassment. For example, women are more likely than men to label certain behaviours as sexual harassment, similarly student compared with professor. Behaviour is more likely to be seen as harassment when there is a large power difference between the person being harassed and the person doing the harassing. (Carrie Hunt, Marilyn Davidson, Sandra Fielden and Helge Hoel, 2007).

2.3 TYPES OF SEXUAL HARASSMENT

The Equal Opportunities Commision (EOC) in its legal guidance, states that there are two types of sexual harassment:

1.	Unwanted conduct on the grounds of sex:

It must be shown that the treatment is because someone is a woman or a man. An example of this could be if s/he is being bullied at work and the harasser would not treat somebody of the opposite sex in this way. The conduct does not have to be of a sexual nature for this form of harassment. The conduct must be done with the purpose of, or have the effect of, violating her/his dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for victim.

2.	Unwanted physical, verbal or non-verbal conduct of a sexual nature:

If the conduct is of a sexual nature, this is unlawful in itself and an individual does not have to compare her/his self to how somebody of the opposite sex would be treated. This could include comments about the way someone looks which they find demeaning, indecent remarks, questions about their sex life, sexual demands by a member of their own or the opposite sex. Incidents involving touching and other physical threats are criminal offences and should also be reported to the police. As above, the conduct must be done with the purpose of, or have the effect of, violating her/his dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

2.4	FORMS OF SEXUAL HARASSMENT

There are few forms of sexual harrasment: example: offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds, questioning. example: leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting. example: showing pornographic materials, drawing sex-based sketches or writing sex-based letters, sexual exposure. example: repeated unwanted social invitations, relentless proposals for dates or physical intimacy. example: inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling, sexual assault.
 * verbal harassment
 * non-verbal/gestural harassment:
 * visual harassment:
 * psychological:
 * physical harassment:

2.5 CONSEQUENCES OF SEXUAL HARASSMENT

Studies by Kissman (1990); Loy and Stewart (1984); Marrow, McElroy and Phillips (1994); Ragins and Scandura (1995) discovers that victims tends to experience decreased job satisfaction, decreased organizational commitment and increased levels of stress. Female victims also experience tension, anger, and anxiety while a limited number experience depression or guilt (Crull, 1982; Jensen and Gutek, 1982). There are also instances where victims may also feel the need for medical or psychological attention (Thacker and Gohmann, 1993).

2.6	ACTIONS TAKEN BY VICTIM OF SEXUAL HARASSMENT

Action can be taken by victim of sexual harrasment: (Woman Associate Organization (WAO), 2007)
 * Tell the harasser that victim don’t like harraser actions and that victim want the harraser to stop.
 * If the harassment continues, tell your Human Resources department or your union representative.
 * Keep all evidence of the harassment for example emails, sms etc.
 * Keep a written account of the harassment including date, time, the harasser’s name and how the incident(s) happened.
 * If no action is taken or there is no one you can report this to within your organisation or company, you may lodge a report with the Labour Department or the police.
 * Tell a trusted colleague who can give you emotional support.
 * Call us or a women’s NGO for help and guidance.

2.7	RESULTS FROM ACTION TAKEN

Terpstra and Baker (1988) furnished information relating to outcomes of formal sexual harassment complaints. Chances for a favourable outcome for the complainant improved if the act was considered one of the more serious forms of harassment and if there were the witnesses and documentation to support the complainant.