New code of practice to prevent sexual harassment at work
Published: 16 September 2007
In Cyprus, the idea of reporting and/or filing complaints about cases of sexual harassment is still in its infancy, since taboos and prejudices remain common, and as a result victims are discouraged from filing complaints. Although the problem of sexual harassment has not yet been investigated in depth, certain data indicate that many harassment cases have not been reported. It is hoped that the new code of practice published by the Equality Authority of the Office of the Ombudsman in February 2007 will help to combat all forms of harassment in the workplace.
The Equality Authority in Cyprus has published a code of practice aimed at combating all forms of workplace harassment, by offering practical guidance to employers and workers. The code also sets out procedures for preventing sexual harassment, which is now defined as a form of discrimination and workplace violence under Cypriot legislation. Although sexual harassment has received wider attention in recent years, society still holds prejudices against the victims.
Introduction
In Cyprus, the idea of reporting and/or filing complaints about cases of sexual harassment is still in its infancy, since taboos and prejudices remain common, and as a result victims are discouraged from filing complaints. Although the problem of sexual harassment has not yet been investigated in depth, certain data indicate that many harassment cases have not been reported. It is hoped that the new code of practice published by the Equality Authority of the Office of the Ombudsman in February 2007 will help to combat all forms of harassment in the workplace.
Incidence of harassment cases
A survey on this issue was conducted in 1997 by the Research and Development Centre at Intercollege, one of the main private higher education institutions in the country. The survey, which was carried out among a sample of 1,500 male and female workers in the form of a questionnaire, revealed that 85% of the respondents regarded sexual harassment as a serious social problem in Cyprus. In addition, 40% of respondents knew someone who had been a victim of sexual harassment. Many victims of harassment worked in clubs (96%), as domestic workers (73%), in hotels (64%), in factories (38%), in shops and offices (28%), and in schools and colleges (17%).
More recently, in 2006, the Cyprus Employers and Industrialists Federation (Ομοσπονδία Εργοδοτών και Βιομηχάνων, OEB) carried out a study on women’s access to top management positions in banks and semi-state organisations. The survey was conducted among a total sample of 1,407 female employees (CY0605019I). Out of all the respondents, 10% of those working in banks had been subjected to indecent propositions while 15.72% of women in semi-state organisations admitted that they had been victims of harassment in the workplace (see Table).
| Financial services | Semi-state bodies | |
|---|---|---|
| Yes | 10.1 | 15.72 |
| No | 88.2 | 83.84 |
| No answer | 1.7 | 0.44 |
Source: Women’s access to top management in banks and semi-state organisations, OEB, 2006
Most sexual harassment cases occurred in the district of Limassol, on the island’s south coast, among divorced women with higher levels of education. In semi-state organisations, the proportion of harassment cases increased to almost 16%, with most cases recorded in the district of Famagusta on the eastern coast – also involving divorced women but with a lower level of education. It is notable in these cases that no complaints were filed with a view to having the cases examined; instead, the victims of harassment covered up the incidents. According to data from the Equality Authority, four incidents of sexual harassment were reported in the 2004–2006 period, and only one was reported in the first half of 2007.
Definition of sexual harassment and harassment related to gender
The new code of practice defines ‘sexual harassment’ as unwelcome conduct of a sexual nature while ‘harassment related to gender’ is unwelcome conduct based on the sex of an individual, both aiming to offend or resulting in an insult to the dignity of a person. This is especially the case when such harassment creates a humiliating, intimidating, hostile, degrading or offensive working environment and is expressed verbally or physically. It is important to note that sexual harassment does not refer to sexual contact, flirtation or friendship that is welcome and mutual. Both forms of harassment may be expressed in the following ways:
physical conduct of a sexual nature, which includes unwelcome and unsolicited physical contact, unnecessarily close physical proximity, violation of private life in or out of the workplace, and any conduct that may be considered as an offence according to the penal code;
verbal conduct of a sexual nature, which includes obscene or insulting comments or ‘jokes’, sexually explicit propositions and invitations, questions about a person’s private life, sexual innuendos, insults of a sexual nature and/or references to sexual orientation;
non-verbal conduct of a sexual nature, which includes insulting gestures, staring at a person, whistling, sending offensive text messages, as well as showing and displaying sexually explicit pictures, photographs and images.
Preventing sexual harassment in the workplace
The new code of practice not only provides definitions of sexual harassment and harassment related to gender, but also gives guidance and advice to employers on creating an effective policy to prevent and/or combat sexual harassment in the workplace. More specifically, the code contains the following elements:
information on employers’ legal responsibilities and obligations. Employers are responsible for establishing and implementing an effective internal complaint system, as well as handling all complaints with sensitivity, fairness and confidentiality within a reasonable period of time;
a summary of prevailing stereotypes and prejudices, and measures to avoid them. The employer is obliged to be objective and avoid being influenced by prejudice, stereotypes and personal opinions that might affect the outcome of the complaint procedure;
a description of the complaint submission procedure. The employer is advised on how to proceed when a harassment case is reported, allowing for both formal and informal options.
Polina Stavrou, Cyprus Labour Institute (INEK/PEO)
Eurofound recommends citing this publication in the following way.
Eurofound (2007), New code of practice to prevent sexual harassment at work, article.