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      Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks

      research-article
      Author(s): * ,
      Publication date (Electronic):
      Journal: Frontiers in Public Health
      Publisher: Frontiers Media S.A.
      Keywords: workplace sexual harassment, mainland China, legislation, case rulings, gender equality

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          Abstract

          Background

          China has recently upgraded its anti-sexual harassment laws and regulations. The first-ever Chinese Civil Code, which took effect in 2021, has explicitly defined sexual harassment and imposed affirmative duties on employers to prevent and correct work-related sexual harassment. This study aims to map the status quo of China's anti-sexual harassment legal system and explore its progress and limits in dealing with workplace sexual harassment.

          Methods

          We reviewed China's anti-sexual harassment laws at the national, provincial, and municipal levels and observed how they were enforced in courts. All judicial cases of workplace sexual harassment published by Chinese courts between January 2021 and June 2022 were examined. From a comparative law perspective, we then identified the progress and drawbacks of China's legislative and judicial responses to workplace sexual harassment.

          Results

          China's current anti-sexual harassment legal system, while have made commendable progress, has its drawbacks: the definition of sexual harassment remains to be clarified and expanded to make it clear that sexual harassment is a form of gender discrimination and can include hostile environment harassment that is not directed against a specific person; the employer's obligations to prevent and correct sexual harassment need further delineation; employers lack guidelines for establishing a fair and effective grievance procedure; the difficulty of proving sexual harassment in litigation remains unsolved; the employer liability doctrine for sexual harassment lacks clarity; workers not in a traditional employment relationship receive inadequate legal protection from work-related sexual harassment.

          Conclusions

          The issues mentioned above merit consideration in China's future law revisions and judicial practice. In China and other societies where gender inequality remains high, it is recommended to regulate sexual harassment as a form of discrimination and to set clear compliance standards for employers in preventing and correcting sexual harassment.

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          Most cited references60

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          The incidence and dimensions of sexual harassment in academia and the workplace

          Louise F Fitzgerald, Sandra Shullman, Nancy Bailey … (1988)
          Article 0 comments Cited 222 times – based on 0 reviews     Review now
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            Workplace Sexual Harassment 30 Years on: A Review of the Literature

            Paula McDonald (2012)
            Article 0 comments Cited 87 times – based on 0 reviews     Review now
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              The Economic and Career Effects of Sexual Harassment on Working Women

              Heather McLaughlin, Christopher Uggen, Amy Blackstone (2017)
              Many working women will experience sexual harassment at some point in their careers. While some report this harassment, many leave their jobs to escape the harassing environment. This mixed-methods study examines whether sexual harassment and subsequent career disruption affect women’s careers. Using in-depth interviews and longitudinal survey data from the Youth Development Study, we examine the effect of sexual harassment for women in the early career. We find that sexual harassment increases financial stress, largely by precipitating job change, and can significantly alter women’s career attainment.
              Article 0 comments Cited 58 times – based on 0 reviews     Review now
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                Author and article information

                Contributors
                Journal
                Journal ID (nlm-ta): Front Public Health
                Journal ID (iso-abbrev): Front Public Health
                Journal ID (publisher-id): Front. Public Health
                Title: Frontiers in Public Health
                Publisher: Frontiers Media S.A.
                ISSN (Electronic): 2296-2565
                Publication date (Electronic): 26 September 2022
                Publication date Collection: 2022
                Volume: 10
                Electronic Location Identifier: 1000488
                Affiliations
                Shen Junru Law School, Hangzhou Normal University , Hangzhou, China
                Author notes

                Edited by: Mahlagha Dehghan, Kerman University of Medical Sciences, Iran

                Reviewed by: Mohammad Ali Zakeri, Rafsanjan University of Medical Sciences, Iran; J. Abbas, Shanghai Jiao Tong University, China; Sakineh Sabzevari, Kerman University of Medical Sciences, Iran

                *Correspondence: Hao Wang wanghaomail@ 123456hznu.edu.cn

                This article was submitted to Occupational Health and Safety, a section of the journal Frontiers in Public Health

                Article
                DOI: 10.3389/fpubh.2022.1000488
                PMC ID: 9548627
                PubMed ID: 36225785
                SO-VID: 6732cc82-0268-45d6-8758-7a8ab0c75ed6
                Copyright © Copyright © 2022 Wang.
                License:

                This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) and the copyright owner(s) are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

                History
                Date received : 22 July 2022
                Date accepted : 08 September 2022
                Page count
                Figures: 4, Tables: 2, Equations: 0, References: 121, Pages: 20, Words: 13042
                Funding
                Funded by: National Social Science Fund of China, doi 10.13039/501100012456;
                Funded by: Hangzhou Normal University, doi 10.13039/501100007820;
                Categories
                Subject: Public Health
                Subject: Original Research

                Keywords: workplace sexual harassment,mainland china,legislation,case rulings,gender equality
                Data availability:
                Keywords: workplace sexual harassment, mainland china, legislation, case rulings, gender equality

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