Gender-based violence & Sexual
Harassment at work:
definitions, prevention, remedies,
penalties, recent cases
ILO Gender, Equality & Diversity Branch
Jane Hodges
A new Convention & Recommendation
on violence against women and men at work?
(GB.319/INS/2, Appendix IV, originally framed as “gender-based violence” but
broadened in light of comments made in November 2012)
319th Session (October 2013)
- FOR: Workers (2016), Canada (2016), India (2016), ); Italy( the proposal
should be retained)
- OTHER: Nordic countries + Netherlands + Switzerland (important topic to be
approached from a broader perspective; ILO to propose a strategy on how to
eliminate abuses and violence at work); USA (inclined to support, including
violence against trade unionists and others involved in labour related activities)
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317th Session (March 2013)
- FOR: Workers (2015); Australia (2014); Canada, India (for future agenda),
Italy ( 2015)
- OTHER: Mexico (a recommendation)
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316th Session (November 2012)
- FOR: Workers (2015), Africa group, India (for future agenda), Italy (for 2015)
- AGAINST: Employers unless broadened away from GBV
- OTHER: IMEC, Canada + UK (for a general discussion with a wider focus on
workplace violence)
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Governing Body will have to decide for 2015 (or 2016) in
March 2014…do workers of the world really want new ILS?
IF SO, WE NEED TO WORK ON GETTING
THE VIOLENCE AT WORK MESSAGE OUT
…NOW….
What is the difference between “gender-based violence” and
“violence against women”?
“‘Gender-based violence’ is still an emerging term, but IS the
technical wording of the UN.
Originally it was used to replace the term “(male) violence against
women” (VAW), because the word “woman” in that context refers to
both individuals of the female sex and to feminine gender roles in
society; confusing.
UN’s preference for “GBV” intends to emphasize that violence against
women is a phenomenon that is related to the gender of both victim
and perpetrator. Many definitions continue to focus solely on the fact
that women are victims of violence…. However, the UN texts
extending the definition to all forms of violence that are related
to:(a) social expectations and social positions based on gender; &
(b) not conforming to a socially accepted gender role.
UN Declaration on the Elimination of Violence against Women, 1993
“Violence against women” means any act of
gender-based violence that results in, or is likely
to result in, physical, sexual or psychological
harm or suffering to women and girls, including
threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in
public or in private life.
Gender-based violence at work:
note the recent work proving the spillover of
domestic violence!
2011 ILO Working Paper:
“Gender-based violence
in the world of work:
Overview and annotated
bibliography”

At least 1/3 women
worldwide is estimated to
have been coerced into
sex, physically beaten
and/or otherwise abused in
her lifetime (WHO 2013 latest data on
intimate partner violence; UN questionnaire to
men finding that ¼ admit to forced sex)

2009 ILC Resolution strong
call to end gender based
violence at work
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Data on productivity losses
(e.g. Australian study=$484 million in
2002/03; UK=£2.7 billion in 2006; USA=$6.7
million/year)
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BUT few up-to-date
empirical data for the
business case: While costs
to some nations have
been estimated, most of
these calculations are
outdated
Spill-over of domestic
violence to workplace (e.g
Australian response through
collective bargaining of DV
leave clauses etc.)
SEXUAL HARASSMENT-does it really exist?
Let’s share the QUIZ
Myths
Occurrence rare
 Trivial/harmless
 Flirtation
 Normal
 If ignored, it
will go away
 Revengeful attitude
 Fearful to compliment

Facts
40 – 60% working women
Offensive, insulting
Degradation, helpless
Misinterpreted
Rare complaints
Impact of action, not the
intent, matter; when in doubt
…desist
International standards & regional approaches
To date, SH at work not subject of any binding international
convention, but is a recognized form of sex discrimination
1948: Universal Declaration of Human Rights
1966: 2 International Covenants
1979: CEDAW (General Recommendation 19 on SH)
ILO’s Discrimination (Employment and Occupation) Convention,
1958 (No 111) – 2003 General Observation & observations
addressed to 16 States in 2013
Indigenous and Tribal Peoples’ Convention, 1989 (No 169) –
Art.10(3)
Domestic Workers Convention, 2011 (No 189) – Art.5
HIV Recommendation, 2010 (No 200) – Para. 14(c)
Council of Europe Convention & EU Directives; African &
InterAmerican texts
SADC Gender Protocol; CARICOM “Model legislation on SH”
Example of regional soft lawCARICOM examples

Model legislation relating to Sexual Harassment –Useful
provisions: hearings in camera; evidence concerning sexual
activity of complainant; anonymity; recommends the
establishment of a tribunal to resolve disputes

Shortcomings? An important effort, but there are limitations:
limited to “quid pro quo” harassment/limited to conduct of a
physical sexual nature/excludes non-verbal conduct/unclear
whether it is appropriate for the tribunal to only deal with sexual
harassment
Equality Model legislation: not used even in Caribbean Court of
Justice (CCJ)! But clearly states aim=s. 1(a)…“to give effect to ILO
C111 [& C100…]”; s. 2= good definition of sexual harassment
Jamaican Employers’ Federation w’shop on policy: useful elements
to be included are: A. Strong statement on the organization’s attitude to
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sexual harassment B. Clearly define sexual harassment C. Outline the
organization’s objectives for eliminating sexual harassment---any examples
from EAC region?
2013 UN Commission on the Status of Women –
Agreed Conclusions on the elimination and prevention of
all forms of violence against women and girls (Thanks to the ITUC/PSI/EI delegation!)
Para. 34 yy
Para. 34
Take measures to ensure that all workplaces
are free from discrimination and exploitation,
violence, and sexual harassment and
bullying, and that they address discrimination
and violence against women and girls, as
appropriate, through measures such as
regulatory and oversight frameworks and
reforms, collective agreements, codes of
conduct, including appropriate disciplinary
measures, protocols and procedures, referral
of cases of violence to health services for
treatment and police for investigation; as well
as through awareness-raising and capacitybuilding, in collaboration with employers,
unions and workers, including workplace
services and flexibility for victims and
survivors
The Commission urges Governments, at all
levels, and as appropriate, with the relevant
entities of the United Nations system,
international and regional organizations,
within their respective mandates and bearing
in mind national priorities, and invites national
human rights institutions where they exist,
civil society, including non-governmental
organizations, the private sector, employer
organizations, trade unions, media and other
relevant actors, as applicable, to take the
following actions:
….
How does national policy/law approach SH? Constitutions, labour
or OSH legislation, public service Acts, torts, EEO laws, penal
codes, or specific statutes
Violation of human rights
Violation of fundamental rights of workers
Gender discrimination at work
Safety and health issue
A specific form of violence
Offending the personal integrity of workers
Human resource management issue
Labour issue – potential threat to workers and enterprise
Above all, a manifestation of power relations
How is SH defined? Use ILO’s General Observation under C111
(2003, CEACR)
2 categories of SH:

Quid pro quo

Hostile working environment
UNWANTED SEXUALLY ORIENTED CONDUCT

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Physical,Verbal,Gestural, Emotional,Written or graphic actions
Even once
How to determine whether indeed unwelcome?
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Some forms of conduct inherently unwelcome
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Some dependent on recipient’s perception
Consequences of SH?
For Complainant:
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Emotional stress
Physicall illness
Loss of work motivation
Absences at work
Missing out on training and promotions
Resignation or dismissal
Further humiliation if legal action is pursued
For Enterprise:
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Workplace tension
Lower productivity
Poor image
Payment of damages (2000s judgements= very high!)
Absenteeism/loss of valued employees, turnover of staff
Inefficient team work and collaboration
Supreme Court Judgement Guidelines (India) 1997

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Defined SH in the absence of legislative norm
Ordered preventive measures: employees’ and employers’
responsibilities; proposed Complaints committee in firms and
redress measures
Cooper v Western Area Local Health Network
NSWADT 39 (Australia) 2012
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Administrative Tribunal decided that employer was not vicariously
liable for the actions of one of its male workers who-admitted by
all- sexually harassed a female colleague
Awarded $10,000 damages payable by the co-worker
Satisfied that employer did not authorise Mr Locke to engage in
the offending conduct; took “reasonable steps” to prevent Mr
Locke from engaging in the offending conduct (required to sign
explicit code of conduct & held seminars on SH)
Velez and others v. Novartis Pharmaceuticals, Novartis
Corporation & Ebeling. Case No. 04-9194 (SDNY) USA, 2010
NY Federal Court (Manhattan) ordered Novartis to pay
US$250 million in punitive damages for discriminating
against thousands of female sales representatives over
unequal pay, SH and pregnancy. The Court found that the
company had engaged in a pattern of discrimination
against women employees from 2002 through 2007
 Potential awards up to US$30,000 each for 5,600 females
 Demonstrates success of class action
 Extremely long litigation
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Gender equality at work means ending GBV at work!
Thank you for your attention