Harassment is unpleasant enough for all women. Actions of this kind can be carried out both by a stranger and by an employer or teacher. My boss, using his official position, tried to induce me into unwanted relationships of a sexual nature.
I, in turn, did not want to lose my job and was in a hopeless situation. So I turned to a lawyer. The specialist told me whether current legislation provides for liability for harassers, what specific actions can be considered inducement to sex, and what punishments await violators. I will talk about all this in this article.
Definition of the concept
Sexual harassment at work is not only coercion on the part of the rapist to perform sexual intercourse, not only exposing them to a threat, which leaves two choices: to submit to the desire of the attacker or to suffer serious (including murder) consequences of his refusal. This includes anecdotes, “greasy” jokes, touches, hints - everything that a well-mannered, highly moral person cannot afford. And even more so in the work collective.
Both women and men in their workplace have the right to expect that their superiors and other employees adhere to certain standards that exclude any sexual behavior.
What is the main characteristic of the term? Sexual harassment at work is all actions by a boss or colleagues that are undesirable and unacceptable for a particular victim. In other words, this concept is individual for each victim. Therefore, seemingly innocent signs of attention - flowers, phone calls, love notes, compliments - can also be considered harassment.
Arbitrage practice
Legal cases related to harassment at work are rare, and plaintiffs have not yet succeeded in achieving satisfaction of their claims.
In March 2022, Irina Ishchenko, chief engineer of the IT Center in the Murmansk region, filed a claim for illegal dismissal with the Oktyabrsky District Court. The basis for the claim was the constant harassment of the former boss. The plaintiff demanded compensation for moral damage and payment of wages for the period of forced absence. Formally, the boss fired the subordinate for the reason that she had not completed the probationary period, but in reality the woman’s departure from work was associated with harassment. After leaving work, the woman underwent treatment from psychologists for 7 months, due to which the limitation period passed, and her claims were rejected. The plaintiff appealed to the Supreme Court, and the case was considered again. However, the resolution of the RF Supreme Court indicated only illegal dismissal, without harassment.
In December 2022, the Murmansk Regional Court decided to leave the ruling of the trial court unchanged. The plaintiff's appeal was not satisfied.
There is another example from judicial practice, also unsuccessful.
The woman worked as a leading specialist in the company and began receiving indecent letters and SMS from her boss. She was rejected, after which the man began to criticize her work, humiliate her in front of her colleagues, accuse her of false sick leave, and then fired her from her job. The woman filed a claim in court to pay her 150 thousand rubles for discrimination and harassment due to personal hostility. In response to this, the boss filed a counterclaim for libel. The court ordered a review of the messages. He was unable to receive the text, but it was revealed that the employee took part in the correspondence. During the trial, it was established that the woman made a mistake in her work, which could have led to losses for the company, and took sick leave at that time. And the reduction was carried out officially, together with other colleagues, due to a reduction in the investment program. Colleagues told the court that they did not notice any illegal actions in the behavior of their boss.
The woman's claims were denied due to the fact that her accusations were not confirmed. It was not possible to prove the connection between the boss’s guilt and the damage and the fact of the violation.
Types of sexual harassment at work
The subject of our conversation can be represented in several categories. Sexual harassment at work is classified into the following types:
- Verbal. Hints, threats, jokes, anecdotes, insults, suggestions that have a sexual connotation.
- Nonverbal. Whistling, interjections, obscene sounds and gestures. Some even include meaningful glances here.
- Physical. These are various touches, hugs, pinching, stroking, which can lead to forced sexual intercourse or even rape.
Examples of sexual harassment
Let's be specific about what is included in the concept under consideration. Compulsion to perform sexual acts may be as follows:
- Patting, pinching, caressing, hugging, stroking, kissing and other physical contact with any part of the victim’s body, which he considers inappropriate.
- Unpleasant and unwanted proposals of a sexual nature, hidden and overt.
- Obvious expectations (both weakly and strongly expressed) from the victim of sexual actions, requests, demands for privacy, dates. In relation to everyday work, it may be accompanied by explicit or veiled hints about promotion in return or, conversely, the onset of negative consequences.
- Verbal jokes, insults that have a sexual basis. This includes vulgar remarks, “greasy” jokes, hints, compliments on the figure and appearance of a woman or man. Everything on the list that is obscene, offensive, and undesirable for the victim.
- Creating a hostile, unbearable, intimidating environment for the victim through actions, dialogues, monologues in response to the victim’s refusal to be forced to engage in sexual acts.
Harassment or flirting?
Since each of us is individual, including in terms of moral education, it is very difficult to determine a general scale on which one or another example can really be unambiguously called impermissible. Some may find the joke funny, others may find it offensive. Some people are used to hugging an acquaintance when they meet, but for some it is obscene. Some people are happy to receive a love letter from a colleague they like, others find it insulting.
However, the victim always has valid reasons for accusing him of sexual harassment:
- The victim feels the inappropriateness of the rapist’s behavior, feels aggression and frightening persistence in the latter’s actions.
- The victim occupies a subordinate position in relation to the offender.
- Direct or hidden demand for the provision of “sexual services” as a condition of employment or career advancement.
- The victim’s consent or refusal becomes decisive for the latter regarding employment and position in the team.
- The purpose of the offender’s actions is to create difficult conditions in the workplace for the victim in the event of his refusal, to affect labor productivity, general mood, and performance.
How employers deal with harassment
Some Russian employers have learned to stop the unacceptable behavior of their subordinates.
- The first way is to have a conversation with a subordinate who allows undesirable behavior and explain to the person why his behavior is unacceptable. Sometimes the subordinate does not realize that he is doing something wrong. He is asked not to do such actions again, but if the person has done something serious that is contrary to the moral and cultural approach of the organization, then he may be forced to leave his job.
- The second way is to establish rules of behavior at work in local regulations. All subordinates become familiar with the contents of this document upon signature. If an employee does not comply with these rules, he or she faces disciplinary action. If his undesirable behavior continues, the employer may terminate his employment contract due to repeated violations of labor discipline.
The rules established in local regulations must answer the following questions:
- what responsibilities do subordinates have to prevent undesirable behavior in the workplace;
- what cases, actions, and behavior in the company are considered harassment;
- what behavior of subordinates demonstrates violation of labor discipline;
- what measures have been introduced to protect victims of harassment at work;
- what should a subordinate do when faced with harassment, where can he go and file a complaint.
In Russia, conservative sentiments are gradually changing. Young people have a stronger sense of self-worth and are not afraid to defend it, so they are more effective in resisting harassment.
Any harassment of subordinates is unacceptable, including actions that can be regarded as coercion into sexual relations. This rule is established in the code of corporate conduct for employees. If the victim has experienced harassment, he can contact his manager or director of human resources, who will conduct an immediate investigation. There is also a hotline number through which an employee has the opportunity to anonymously talk about his situation and get an investigation.
Defense of the Criminal Code
Article 133 of the Criminal Code of the Russian Federation is intended to protect citizens from inappropriate sexual harassment in the workplace. The act was introduced by Federal Law No. 63 back in 1996. The latest revision was made not so long ago - in February 2022.
So, the important provisions of Article 133 of the Criminal Code of the Russian Federation:
- Punishment will be imposed for forcing a citizen (woman or man) to have sexual intercourse or other actions of a sexual nature.
- A crime against a victim must be accompanied by blackmail, the threat of destruction of material property, its confiscation, damage, as well as the use of the victim’s financial (or any other) dependence on the criminal.
- Punishment comes in the form of a fine of up to 120 thousand rubles (or in the amount of wages or other type of income of the criminal for 1 calendar year).
- The fine can be replaced by imprisonment for up to 1 year, forced labor for up to 1 year, correctional labor for up to 2 years, compulsory labor for up to 480 hours.
Protection of minor workers
The article on sexual harassment of minor victims introduces even more severe punishment for the offender:
- Forced labor for up to 5 years. As an addition, deprivation of the right to hold certain positions, engage in certain work, or activities for up to 3 years.
- Imprisonment for up to 5 years. As an addition, deprivation of the right to hold specific positions or engage in a specific type of activity for up to 3 years.
What should the victim do?
You know there is an article about sexual harassment. But what to do if you had to face the problem personally? Under no circumstances should you endure or try to figure it out on your own or through friends and acquaintances!
The solution here is to apply to one of these authorities:
- Regional branch of the State Labor Inspectorate. Be prepared to present here significant evidence in your favor - video, photo, audio materials, testimony of colleagues. But if the fact is confirmed, then the institution has the right to dismiss even a high-ranking offender.
- Judicial authorities. If you are making a complaint regarding sexual harassment by your boss, then be prepared to present along with your statement also confirmation in the form of clear evidence of guilt. The courts are most often approached if your refusal led to the imposition of a penalty or dismissal.
- Law enforcement system. Unfortunately, the police are reluctant to handle such cases. But it's still worth applying.
How to protect yourself if you are being harassed
If you experience harassment, be sure to find indisputable evidence of this fact. For example, this could be a video or audio recording made on a phone.
Witness statements can also be used as evidence. But it is worth keeping in mind that these witnesses should not be your relatives, friends or other interested parties.
Evidence of this offense should be submitted to the following authorities:
- to the police by writing a corresponding statement;
- to the prosecutor's office, if your application is not accepted by law enforcement agencies or in case of refusal to initiate proceedings on it;
- to court by filing a claim for compensation for damages when a case has already been initiated against the offender.
It is recommended to seek qualified legal assistance.
Anti-weapon against the offender
As a rule, threats of dismissal or loss of bonus (especially from the boss) in most cases are ordinary intimidation, which is best ignored. If you are officially employed, then he is not authorized to do any of the above:
- A citizen can be dismissed only if he has violated the conditions listed in Art. 81 Labor Code. Any other dismissals are declared illegal in court. The victim is reinstated and compensated for material damage.
- Deprivation of a bonus is difficult. According to Art. 32 of the same Labor Code is obvious discrimination against the employee.
- What about the salary reduction? It is possible only upon transfer to another position and only with the written consent of the employee (Article 72 of the Labor Code).
But if the victim is employed informally, such protection, unfortunately, is closed to him. The only way out is to bring the offender to justice under Art. 133 of the Russian Criminal Code.
What applies to sexual harassment at work, what laws protect the victim, how to defend your violated rights in this case is important for everyone to know. Every citizen has the right to a healthy, friendly and comfortable environment at work.
What's wrong with liability for harassment in Russia
and how to protect yourself?
The Russian Constitution declares gender equality, but in practice even women’s physical safety is not guaranteed. Every day they become victims of sexual harassment, and there are no effective ways to punish the offender. We tell you how things are and how you can still try to protect yourself.
What is sexual harassment?
There is no definition of sexual harassment or harassment in Russian legislation. In the laws of other countries, this is the name for a variety of types of behavior: from seemingly harmless jokes to physical violence. The classic definition of the concept of “sexual harassment” was introduced by the Committee of Experts of the International Labor Organization, of which Russia is a member. It is “sexually motivated behavior that is objectionable or offensive to the recipient of the behavior. This behavior can be humiliating and cause health and safety issues.” This definition can be extended beyond the workplace, as people experience harassment not only at work.
How many people in Russia are sexually harassed every year?
Unknown. There are no official statistics on this problem in Russia. According to the World Health Organization, in 2006–2007 in Russia, 70% of women surveyed suffered from various forms of violence. About 13% of them were raped. At the beginning of 2018, the RosPravosudiya database contained 380 cases of inducement to engage in acts of a sexual nature (the formulation closest to “sexual harassment”) since 2006.
Many countries have such statistics. The website of the Equal Employment Opportunity Commission (USA) has official statistics on sexual harassment allegations since 2010. In 2014 alone, the number of allegations of sexual harassment received amounted to 26,820 complaints, 61.9% of them were considered unfounded, however, in the end we received 10,843 substantiated complaints.
Have MPs never proposed punishing sexual harassment?
They offered. In February 2022, the initiative to introduce liability for harassment was made by State Duma deputy Oksana Pushkina. She intends to add this provision to the bill on equal rights for men and women. It was developed in 2003 by deputies led by the current State Duma Speaker Vyacheslav Volodin. The document then passed only the first reading. In 2022, Volodin asked to finalize it. In response to statements by journalists about harassment by State Duma deputy Leonid Slutsky, the speaker said: “Is it dangerous for you to work in the Duma? If yes, then change jobs.”
Other deputies spoke out against introducing liability for harassment. Thus, a member of the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation, Ivan Sukharev, called this norm excessive, unnecessary and even dangerous and urged not to follow the lead of feminists who are going too far. “Our men are already stuffed up. There is no work, the salary is low, there are a lot of problems. And you also want to accuse them of sexual harassment,” said the deputy.
The bill has not yet been adopted, but how is harassment punished?
Everything is very difficult.
Women are embarrassed to seek protection
It is customary to blame the victim for what happened to her (the famous argument “it’s her own fault that the skirt was short”). As a result, very few cases of harassment are considered, and the legal side of the problem has not been worked out. In addition, women are afraid to seek protection not only because of conviction, but also because of the fear of losing their jobs.
Russian legislation on the issue of harassment is too vague
It is difficult to prove the fact of harassment in court: a dictaphone recording allows you to prove only some types of sexual harassment and does not allow you to hold the perpetrator accountable for an isolated case - obviously, a potential victim cannot constantly walk around with a dictaphone; witnesses may not be believed if they see a reservation in their testimony, for example, dislike for their superiors; the court may believe the offender, who will insist that everything was by mutual consent.
A victim of sexual harassment may be convicted for resisting
In 2014, the Industrial District Court of Orenburg sentenced Natalya Maksimova to 2 years and 8 months for “not wanting to have... intimate relationships” with the offender who attacked her at night, “she hit him in the face with her elbow, causing him to bleed,” and when he “began to choke her, threatening to cover her with his blood, ... she hit him in the abdomen with it [the knife].”
Even if the court found the offender guilty, he will punish him very mildly
Even if the offender admits guilt, he can be fined 20 thousand rubles, which he will give not to the victim, but to the state. If the offender is found not guilty, he demands moral damages from the victim.
Are there really no ways to bring the offender to justice?
Theoretically there are, but in practice they work poorly.
What to do if you are being harassed:
- The criminal code contains articles on rape (Articles 131, 132) and other acts of a sexual nature, including incitement to them (133 of the Criminal Code). The last norm is closest to the concept of “sexual harassment”. Write a statement to the police. Read how to file a police report and what to do if it is not accepted
- You can file a civil claim for damages. The amount of moral damage will be determined by the court. You can indicate the amount at which you estimate the moral suffering caused, but if you made a demand for moral compensation, physical and moral suffering will have to be confirmed by examination certificates, visits to psychiatrists, receipts for medications, etc.
- In case of sexual harassment at work, you can complain to the labor inspectorate, the employer and the prosecutor's office.
General rules: if you were physically harmed, go to the emergency room, where you honestly tell the doctor what happened to you - this makes a difference to the case. If the harassment is systematic, record it on a tape recorder and draw the attention of witnesses if you are being harassed in front of it. If you seek help from paid doctors, keep your receipts.
Source: Team 29
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