Академический Документы
Профессиональный Документы
Культура Документы
in the media
A practical
GUIDE
for
employers
&
employees
Acknowledgements
CONTRIBUTORS
Rebecca Zausmer
for Women in News (WAN-IFRA)
Jane Godia
Women in News,
Kenya
Carin Andersson,
Chief of Personnel
MittMedia, Sweden
DESIGN BY
Julie Chahine
WWW.WOMENINNEWS.ORG WWW.WAN-IFRA.ORG
Contacts
S EXUA L H A RAS S M EN T I N T H E ME D I A / 1
Contents
1. 2.
P. 4 P. 8
3. 4.
P. 12 P. 21
5. 6.
P. 29 P. 46
Change begins with increased awareness, SS Understand your professional and legal
dialogue and, crucially, the creation of policies obligations to protect your employees against
and procedures that help establish working sexual harassment at work
environments that are free from sexual harassment.
SS Know how to identify sexual harassment
in your organisation
This is a practical guide for both media
organisations and media employees to help them SS Be able to identify employees most at risk
to prevent and deal with sexual harassment at of being sexually harassed
work. It is hopefully a first step in the journey SS Develop an organisational sexual
towards a media industry that is free from sexual harassment policy
harassment, setting standards of best practice SS Develop preventative measures to stamp out
that can be replicated across industries globally; sexual harassment in your organisation
a small contribution to a much larger movement
SS Develop procedures to handle sexual
which WAN-IFRA is honoured to be part of.
harassment complaints
While this guide addresses multiple issues and SS Develop strategies to provide support for
perspectives related to sexual harassment, it is employees who have been sexually harassed.
not exhaustive. This guide does not focus on the
sexual harassment and security threats faced
by women journalists out in the field. There are
excellent resources that do this already and they As a media employee or contract
are referenced in this guide. It also does not worker, this guide will help you to:
address in any detail the pervasive and evolving
problem of online harassment, an issue we hope SS Know what your rights at work are
to develop resources on soon. Finally, this guide
SS Know when you or someone else is being
does not and cannot reconcile the incalculable
sexually harassed
professional cost to female media professionals
who have missed out on promotions, breaking SS Know what behaviour is not acceptable
stories or other opportunities for career
SS Know what steps to take if you are being
progression as a result of having to navigate
sexually harassed at work or you think
sexual harassment along their professional
someone else is
paths. This uneven playing field is one that the
industry must confront openly and honestly to SS Know what to do if you are being accused
move forward. of sexual harassment at work.
S EXUA L H A RAS S M EN T I N T H E ME D I A / 3
1.
Facts about
sexual harassment
at work
This is a general section for both media
employers and employees.
64 % In most countries,
protections against
sexual harassment
24%
harassment in the workplace.
29
by one of their employees, because employees
% are deemed to be working directly on behalf of
organisations.
of women This has huge implications for media organisations
who were
and is a large part of why they need to take sexual
sexually
harassment seriously.
harassed
reported
10% 3%
the incident.
AFRICA MENA
S EXUA L H A RAS S M EN T I N T H E ME D I A / 5
Sexual harassment
has costs
COSTS TO COSTS TO
THE HARASSED PERSON THE HARASSER
COSTS TO COSTS TO
THE MEDIA HOUSE SOCIETY
SSMedia scandal
SSLoss of readers/subscribers
Financial costs
S EXUA L H A RAS S M EN T I N T H E ME D I A / 7
2.
What is sexual
harassment at
work?
This is an important section for everyone -
media employers and employees alike.
UU On-site spaces: in the office, newsroom or on set Non-verbal Someone gives another person
UU Off-site spaces: in the field doing research and unwanted sexual attention through
interviews noises or actions at a distance.
UU Online spaces: any digital platform used by
employees to communicate with others in Some forms of
relation to their work sexual harassment RAPE
UU Work-related events: conferences, business are deemed Rape, or sexual assault,
trips, training sessions more severe than is the most extreme form
UU Social events organised by your organisation. others. Physical of sexual harassment and
sexual harassment is a criminal offence in
tends to be seen most countries. Rape involves
penetration, no matter how slight, of
as more severe
the vagina or anus with any body part or
Sexual harassment tends to than verbal object, or oral penetration by a sex organ
happen more frequently when and non-verbal of another person, without the consent of
alcohol or other intoxicating harassment. the victim/survivor.
substances are present.
S EXUA L H A RAS S M EN T I N T H E ME D I A / 9
Behaviours that count as
sexual harassment
Links to can be 6
found in Section 6.
A person putting up
sexually explicit posters
around the office
A HOSTILE WORK ENVIRONMENT
Is when someone’s
speech or
behaviour is so
A person taking advantage
extreme that the
person being of being alone with a
harassed feels colleague and trying to
that their work kiss them
environment is
hostile, unpleasant,
intimidating, threatening or unsafe.
This type of sexual harassment tends to happen
as verbal and non-verbal sexual harassment, and
sometimes even less severe forms of physical A group of employees
harassment. asking another employee
It doesn’t have to be directed at an individual. It about their sexual history
may be offensive to someone who is witness to the
behaviour, so creating an oppressive atmosphere
for one or more people, such as:
• Watching pornography at your desk
• Putting up offensive posters or calendars
• Workplace ‘banter’ (light conversation) and jokes
of a sexist or sexual nature.
A programme guest
groping a junior producer
in the green room
S EXUA L H A RAS S M E N T I N T H E ME D I A / 11
3.
EMPLOYER
GUIDE
This section is for employers and people
running media organisations, including
senior executives, managers, and human
resources departments.
1
As an employer, Commit to being a zero-
you have a tolerance organisation
duty to make
sure that
you provide
your employees with a 2 Understand the scale of
the problem you face
working environment
3
free from sexual Establish a practical
harassment. This is sexual harassment
your LEGAL obligation. policy
4
Sexual harassment violates peoples’ rights to
gender equality, to life and to liberty. It also violates Educate managers
the right to freely practise any profession including
journalism. about sexual
In most countries, there are laws protecting people harassment
from sexual harassment at work. Your own policies
5
and processes for dealing with sexual harassment
need to be based around these existing national Make employees
laws. Ensure that anyone running your organisation
knows what these national laws are and how they aware of your sexual
impact on your organisation.
harassment policy
You must also be aware that your media
organisation - like other organisations – can be
PRACTICAL RESPONSIBILITIES
It is your responsibility to do everything you can to
ensure that sexual harassment does not happen in
7 Remove anything that
creates a hostile work
environment
your media organisation.
You will need to:
8 Consider policies
SS Put prevention measures in place so that sexual
harassment does not happen in the first place
SS Establish proper processes to handle sexual that promote gender
harassment cases within your organisation,
professionally and in accordance with the law. balance.
This handbook seeks to provide you with some of
these important guidelines and tools. However,
it is also imperative that you understand your
organisation’s responsibilities and rights under
national laws.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 13
1 COMMIT TO BEING A ZERO-TOLERANCE
ORGANISATION 3 ESTABLISH A PRACTICAL SEXUAL
HARASSMENT POLICY
This sounds simple enough, but committing to Preventing sexual harassment begins with a
zero-tolerance towards sexual harassment is the formal policy. A sexual harassment policy is a set
first, and perhaps the biggest, step an organisation of practical and detailed definitions, processes
can take. Committing to zero-tolerance requires and steps to help media organisations prevent
organisations to acknowledge that sexual and handle cases of sexual harassment. There are
harassment happens. It also requires buy-in from other benefits of a good sexual harassment policy.
boards and senior management. Without this Spelling out what sexual harassment includes,
commitment, the rest is superficial – the people as well its consequences, can be an effective
running an organisation need to take the challenge deterrent. Providing protections and procedures
of sexual harassment seriously. can also help employees to come forward and
report cases of sexual harassment.
6
through workshops and training. ENSURE YOUR EMPLOYEES ARE SAFE
Managers and senior staff should be trained on IN THE FIELD
the following: You have a duty to protect your employees from
UU What sexual harassment at work is sexual harassment in any work context, including
and how to identify it in the field. This is a challenge that is particular to
UU Who is most at risk and the power dynamics media, given the amount of time journalists may
behind sexual harassment spend offsite researching a story or covering the
UU Reasons why sexual harassment often goes news. While more needs to be developed in this
unreported area, there are a number of existing resources to help
UU Relevant national, regional, international you protect your employees from sexual harassment
and industry laws and standards on sexual in the field which you can draw on, including:
harassment and discrimination
UU Your organisation’s specific legal responsibilities
Reporters Without Borders/UNESCO,
and employees’ rights
Safety Guide for Journalists - Chapter 3,
UU Their duties as managers and representatives Section 7
of your organisation
UU Details of your organisation’s zero-tolerance policy DART Center for Journalism and Trauma,
UU How to handle a sexual harassment complaint Let’s Talk: Personal Boundaries, Safety &
Women in Journalism.
UU How to create a non-hostile environment
and what to look out for Links are in Section 6.
6
UU Setting an example: how managers should
7
behave (and what behaviour to avoid).
REMOVE ANYTHING THAT CREATES A
HOSTILE WORK ENVIRONMENT
8
UU What policies and processes are in place for CONSIDER POLICIES THAT PROMOTE
handling cases of sexual harassment
GENDER BALANCE
UU What the potential outcomes for both parties are.
Sexual harassment is more likely to be a culture in
This will help your employees to understand male-dominated workforces. A gender-balanced
where the line is on appropriate and inappropriate workforce is an important step in stamping out
behaviour, which will hopefully deter sexually sexual harassment. Consider policies to increase
harassing behaviour. Knowing that there are clear the number of women working within your
steps and protections in place should mean that organisation, including:
employees who have been harassed feel able to
come forward to report it. UU Hiring and recruitment policies
UU Quotas for the number of men and women
You can raise awareness by:
UU Training and career management for existing
UU Providing all current and new employees with female talent within your organisation
copies of the sexual harassment policy via email UU Family friendly employment policies, such as
and hard copy format parental leave, work-from-home options, flexible
UU Training all current and new employees on your hours, additional unpaid holiday, childcare
organisation’s sexual harassment policy policies and provisions.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 15
How do I handle
sexual harassment has up-to-date knowledge of your
country’s employment laws. It would also
complaints? be helpful if they have specialist training
on dealing with sexual harassment cases
and on methods of dispute resolution.
Your organisation needs clear principles and
procedures for handling sexual harassment cases. BRING IN ASSISTANCE OR EXPERTISE
Here are some key points to consider: 5 In some situations, it may be necessary
to bring in external assistance or
expertise to ensure a fair, impartial and
objective investigation.
TREAT ALL COMPLAINTS SERIOUSLY
1 Sexual harassment complaints should be REPORT SEXUAL ASSAULT TO THE POLICE
taken seriously and dealt with promptly 6 If the case involves sexual assault
and as quickly as possible. (including rape), this will need to be
reported to the police. The assault
HAVE BOTH INFORMAL AND FORMAL survivor may also require immediate
2 COMPLAINTS PROCEDURES medical attention. Your organisation
Employees should have the option of should cooperate fully with any police
making an informal or formal complaint. investigation. You will need to assess
The steps and the outcomes for each whether your organisation needs to seek
are quite different, so you will need a legal advice or support.
different procedure for each. You will find
detailed examples below. CONSIDER THE OPTION OF SUSPENSION
7 In more serious cases of sexual harass-
3
ENABLE ANONYMOUS DISCLOSURES ment, including sexual assault, it may be
As a media organisation, you are likely necessary to suspend employees on full
to have a mechanism for anonymous pay while you (or the police) complete an
whistleblowing. You may wish to use investigation. This is a practical measure
this mechanism to allow employees and not a disciplinary one.
to anonymously disclose sexual
harassment. However, to conduct a EXPLAIN YOUR PROCEDURE
proper investigation you will need to 8 IN YOUR POLICY
know the identities of all parties. Your sexual harassment policy should
clearly lay out how sexual harassment
4
APPOINT A DESIGNATED PERSON complaints are handled within your
You will need a designated person or organisation. This is important for
team to deal with and investigate cases employees as well as managers so that
of sexual harassment. Ideally this should there is no confusion about what is
be a person in human resources, who involved. A step-by-step approach is best.
CONFIDENTIALITY Confidentiality in sexual harassment witnesses and third parties are all
cases is an ethical principle as well as protected by confidentiality.
a legal obligation in most countries Confidentiality is also key to sexual
and a professional code of ethics. harassment being reported as it
Confidentiality means protecting the builds trust.
people involved in sexual harassment To help maintain confidentiality, you
cases and the information that will need to make sure that your
they share, so that only authorised organisation’s information systems are
persons can access details. The secure and that you comply with the
person being harassed, the accused, data protection laws in your country.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 17
FORMAL COMPLAINTS PROCEDURE
S EXUA L H A RAS S M E N T I N T H E ME D I A / 19
What support should I give You can also create a directory of the sexual
harassment support services they can access in
employees? your country. This directory should be a public
resource for all employees. It should include:
UU Counselling
The support you can offer an employee who has been
sexually harassed will depend on your organisation’s UU Health care
resources, although not all support is costly.
UU Legal representation or advice.
Professional support includes:
UU Paid/unpaid leave
UU Part-time shorter
work hours There may be cases where an employee has
had a false sexual harassment claim made
UU Shared work load
against them. They may also be affected
UU Working from home emotionally, physically and professionally,
particularly if they have had to undergo a
UU Mentoring formal investigation.
UU Back to work strategy/support The support they will need could be similar
to the above, but it could also involve publicly
UU Systematic follow-up.
clearing their name.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 21
What are my rights around
sexual harassment at work?
OTHER RIGHTS
1
In fact, if sexual harassment Identify how you are
happens at work, then your
being sexually harassed
employer can be held liable for this.
2
UU Be zero-tolerant towards
all forms of violence and If you feel able to,
discrimination including
sexual harassment
inform your harasser
UU Have a clear sexual that the behaviour is
harassment policy with:
unwanted
• Codes of conduct • Procedures to
to prevent sexual handle sexual
harassment from harassment
3
happening in the systematically
first place within the
organisation
Keep yourself safe
UU Make all employees aware of policies and at work
processes at the start of their employment
or when these policies are updated.
4
While all media organisations should have a clear
and functioning sexual harassment policy, however, Keep and gather
not all of them do. If your employer does not have
a stand alone sexual harassment policy, check
evidence
whether sexual harassment is dealt with in any
other policy documents. If it is not dealt with at all,
then in most countries you will be protected from
5
sexual harassment in the workplace by law and you
should look into these. Make a complaint
6
Your employer has a duty to protect you
in any work context, including in the field. Seek support
There are also some
useful resources out there for
journalists on safety and sexual
harassment in the field, including:
Reporters Without Borders/
7
UNESCO, Safety Guide for
Journalists - Chapter 3, Section 7
Take your case to court,
DART Center for Journalism
and Trauma, Let’s Talk: Personal if you’re not satisfied.
Boundaries, Safety & Women in
Journalism
S EXUA L H A RAS S M E N T I N T H E ME D I A / 23
If you feel able to inform your harasser that their
behaviour is unwanted and offensive, you could:
If you have
UU Let hem know that their behaviour is unwanted and
been sexually offensive. You can do this verbally and/or in writing
YOU ARE NOT ALONE threat to you or anyone else in the organisation.
in your experience.
3 KEEP YOURSELF SAFE
AT WORK
It is your right to work in a safe environment.
So if you are sexually harassed at work, it is your
employer’s responsibility to keep you safe from
Here are some practical steps that you can take if your harasser. However, if they fail to do this, or
you have been sexually harassed at work. if you aren’t satisfied that they are doing enough,
then there are things you can do to protect yourself.
4
your dignity and makes you of this guide. KEEP AND GATHER
feel degraded, humiliated, EVIDENCE
intimidated or threatened.
No matter how severe the sexual harassment you
You are the one who decides are experiencing is, it is important that you keep all
whether or not it is unwanted or offensive. evidence to support your complaint.
Whenever possible:
If you have been raped or sexually UU Keep all correspondence both from and to the
assaulted, then this is a crime person harassing you, including:
in most countries. You should
• Letters • Audio content
report the incident to the police
immediately. If you are sexually • Emails • Video content
assaulted or hurt, you should also seek medical • Text messages • Any other
attention. You should also go to the police if you
believe that the sexual harassment you have • Social media physical or digital
experienced is a threat to your physical safety. messages materials, including
screenshots.
• Pictures
2
sexually harassed, including:
IF YOU FEEL ABLE TO, INFORM YOUR
HARASSER THAT THEIR BEHAVIOUR IS • Dates • Who might have
UNWANTED • Times witnessed the
behaviour
• Places
You are not expected to confront your harasser. (if anyone)
• Circumstances
• How you
Remember that you have a right not to be sexually • Details of the responded to
harassed. It is NOT your responsibility to confront behaviour the behaviour
your harasser or put a stop to the harassment by experienced
yourself. If you feel that your safety is threatened, • How you felt
• Who was following the
it is better NOT to confront your harasser. Instead
involved incident.
make a formal complaint or report it to the police.
5 MAKE
A COMPLAINT
preferably, although it can be verbal,
and keep a hard copy.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 25
INFORMAL COMPLAINTS FORMAL COMPLAINTS
PROCEDURE PROCEDURE
You can choose to make an informal You should make a formal complaint if your
complaint in less severe cases of sexual informal complaint has failed to stop sexual
harassment, or when you think that the harassment, or if you want serious steps to
harasser will stop their behaviour if they be taken against your harasser.
are confronted.
All evidence is kept on record
It often involves a facilitated dialogue (confidentially) and the case will appear
between the person being sexually on your harasser’s employment records. A
harassed and the harasser and it may formal complaint tends to involve a proper
involve the following steps: internal investigation by more than one
person and may involve the following steps:
Step 5 FEEDBACK.
The aim is to stop the unwanted and offensive A formal complaint can lead to serious
behaviour. An informal complaint does not usually consequences for the person accused of sexual
involve a proper investigation. In less severe harassment. Depending on the severity of the
cases, an informal complaints process can resolve harassment, it could lead to the person being:
problems with minimum stress to the individuals Warned officially Unemployed
involved and can restore a sexual harassment-free (bad or no references)
(Receiving) an adverse
working environment.
performance review Liable for damages
As long as the behaviour stops, the informal Transferred or compensation
complaint will not go on the harasser’s employment payments
Demoted
record. An informal complaint does not involve any Sent to prison.
Suspended
disciplinary measures.
Dismissed
6 SEEK
SUPPORT
Here are the types of support you might
need access to:
Sexual harassment can affect you emotionally and
physically. And this can affect your ability to thrive Professional support UU Police
at work. You will likely need some kind of support such as: UU Health care (doctor/
if you have been sexually harassed at work. Only UU Paid/unpaid leave gp/hospital if you
have been raped)
you know the type of support you want in the days, UU Part-time / shorter
weeks or months after you have been sexually work hours UU Psychological and
counselling services
harassed and how long you need this support for. UU Shared work load
UU Trade unions
UU Working from home
The support available to you will vary depending UU Legal support
on the country you are living in, and what your UU Mentoring
UU Support networks
organisation has committed to providing you. UU Back to work
and groups
strategy/support
UU Advice hotlines
UU Systematic follow-up.
UU Family and friends
UU Religious support
UU Financial
support.
Remember that your employer is completely What you do or can expect will depend on whether
dependent on being informed about cases of sexual the person accusing you has made a formal or
harassment if they are to do anything about it. informal complaint.
If you witness to sexual harassment at work, or if
a colleague confides in you about being sexually IF THE PERSON ACCUSING YOU HAS MADE
harassed, you can: AN INFORMAL COMPLAINT
UU Encourage them to take the matter further and This will not go on your employment record
report the incident/s providing your behaviour stops. You should:
UU Report the incident/s yourself – preferably in UU Respond to the accusation in writing, stating
writing – either to the designated person in your your version of events and whether you believe
organisation, or a ‘person with responsibility’. it to be a false claim or not
You’ll find more details about how to do this on
the previous page. UU Make sure you are familiar with what behaviour
counts as sexual harassment
You must be prepared to be a witness in an internal
UU Find and keep all evidence supporting your case,
or police investigation (in cases of rape).
if any
UU Agree to dialogue
As someone reporting sexual harassment,
UU NEVER retaliate or incite any of your peers to
you have the right not to be victimised for retaliate on your behalf, this is a serious offence
reporting cases of sexual harassment. It is
UU Amend your behaviour, if the claim is true. You
your employer’s responsibility to protect this may not have realised that your behaviour was
from happening to you. You also have a right unwanted or offensive. You have been given
to confidentiality. a chance to amend your behaviour without a
formal complaint.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 27
UU Amend your behaviour if the claim is true. You
may not have realised that your behaviour was Rape and sexual assault are criminal offences
unwanted or offensive. You have been given and will be referred to the police and may be
a chance to amend your behaviour without a tried in a criminal court.
formal complaint.
If your case goes to court,
UU Find and keep all evidence supporting your case, you could face:
if any
UU Liability for compensation
UU Comply with any internal or police investigation payments
UU Probably get a lawyer with experience in sexual UU Prison.
harassment and employment cases to represent you
UU Not confront or approach the person accusing
you during the investigation
UU Never retaliate or incite any of your peers to
retaliate on your behalf, this is a serious offence
I’VE BEEN FALSELY ACCUSED, WHAT
UU Appeal in writing if you disagree with the SUPPORT CAN I ACCESS?
decision, stating the reason
Having a false claim made against can have
profound effects on you emotionally, physically and
WHAT DISCIPLINARY MEASURES OR professionally, as well as on your family. You may
PUNISHMENTS CAN I EXPECT? feel that you and your family need support. Only
This will depend on the severity of the behaviour you know the type of support you and how long
you are being accused of. Your employee will you need this support for.
decide on one of the following outcomes: The support available to you will vary depending
on the country you are living in, and what your
No case of sexual harassment against you organisation has committed to providing you. Here
If your employer finds that there is no sexual are the types of support you might need access to:
harassment case against you, or if the case is
dropped, then any documents relating to the Professional support such as:
case will be destroyed and will not appear in your
employment records. It will not affect your current UU Paid/unpaid leave
or future employment prospects. UU Part-time / shorter work hours
UU Shared work load
A clear case of sexual harassment or ‘serious or UU Working from home
repeated’ sexual harassment against you UU Mentoring
UU Back to work strategy/support
If your employer finds that there is a sexual
UU Systematic follow-up
harassment case against you, you will be
UU Formal and pubic clearing of your name
disciplined.
Depending on how the seriousness of the case Health care (if you have been raped)
found against you, you could face:
Psychological and counselling services
UU Verbal or written warning
Trade unions
UU Adverse performance evaluation
Legal support
UU Transfer
Support networks and groups
UU Demotion
Advice hotlines
UU Suspension
Family and friends
UU Dismissal Religious support.
UU Unemployment (bad references).
S EXUA L H A RAS S M E N T I N T H E ME D I A / 29
Sample sexual
harassment
policy
This is where you should state that you have a zero-tolerance This section should spell out, in very practical terms, what
policy towards sexual harassment and are committed to this policy means for your employees. It is particularly
providing a safe working environment for your employees. helpful to include this section in policy documents with
lots of legal language.
You can also include details about:
Here are some practical guidelines for [INSERT COMPANY
• Why you are introducing this policy
NAME] employees on what you can and should do if:
• Who the policy is for
• Who your organisation’s ‘point person’ is a. You are sexually harassed at work
• Who approved the policy b. You a witness or concerned about someone else being
sexually harassed at work
• When it was approved and will be reviewed.
c. You are accused of sexually harassing someone at work.
[INSERT COMPANY NAME] is committed to providing These guidelines are extracted from the various sections
a safe environment for all employees free from and clauses within the policy itself.
discrimination on any grounds including sexual
harassment at work. EMPLOYEES WHO HAVE BEEN SEXUALLY
Sexual harassment is any unwanted and offensive behaviour HARASSED AT WORK
of a sexual nature that violates a person’s dignity and makes • If you have been sexually harassed it is NOT your fault.
them feel degraded, humiliated, intimidated or threatened.
• You are not alone, nor the only person that this has
[INSERT COMPANY NAME] has a zero tolerance policy on happened to. Sexual harassment does happen in the
any form of sexual harassment and assault in the workplace. media industry.
[INSERT COMPANY NAME] will ensure that all managers • You have a legal right to work in a safe environment
and employees know about and have ready access to the without being subjected to sexual harassment or
policy at all times and are familiar with its contents. frightened of it. It is [INSERT COMPANY NAME]’s
responsibility to make this happen.
This policy outlines clear procedures for: • To be able to do anything about sexual harassment,
a. Employees who have been sexually harassed [INSERT COMPANY NAME] is completely dependent
b. Employees accused of sexual harassment on being informed.
c. Witnesses of sexual harassment • You need to inform another person with responsibility
d. Managers and senior staff involved in investigating about the incident. This could be:
sexual harassment cases. SS Your immediate manager
[INSERT COMPANY NAME]’s [Chief Operating Officer/ SS Another manager at [INSERT COMPANY NAME]
Head of Human Resources/Insert Other] is responsible for SS Someone in human resources
the content and implementation of this sexual harassment SS A health and safety officer
policy. They are also the lead person on all cases related to SS Your trade union representative
sexual harassment in [INSERT COMPANY NAME]. SS Occupational health services.
This policy is approved by [INSERT COMPANY NAME]’s • All of these people have a duty to protect your
senior management. confidentiality.
• As someone reporting sexual harassment, your identity
and any information you share will be treated in confidence
Name [INSERT NAME] and will only be shared with a small number of people
involved in the investigation.
Title [INSERT JOB TITLE]
• If you have been sexually assaulted or raped this is a
Approved [INSERT DATE] serious crime against you. As well as informing [INSERT
COMPANY NAME] you should report it to the police and
Reviewed [INSERT DATE]
seek medical attention. Be aware that your case might
Next review [INSERT DATE] go to a criminal court or tribunal.
• You have the right not to be victimised for reporting
sexual harassment at work. Retaliation is a serious and
punishable offence and it is [INSERT COMPANY NAME]’s
responsibility to protect you from this.
• [INSERT COMPANY NAME] has both formal and
informal procedures in place to deal with cases of sexual
harassment. You will find these in the policy below.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 31
WITNESSES OR EMPLOYEES CONCERNED ABOUT 1. LEGAL BASIS FOR THE POLICY
SOMEONE ELSE BEING SEXUALLY HARASSED You need to specify what the legal basis for this policy is, if any.
AT WORK
Refer to any country laws or policies (and sections /articles
• To be able to do anything about sexual harassment, within them) on:
[INSERT COMPANY NAME] is completely dependent • Rape and sexual assault
on being informed. • Sexual harassment
• If a colleague contacts you and reports being sexually • Sexual harassment in the workplace
harassed, you must encourage the person to take the
• Discrimination and equality
matter further and to report it.
• Data protection and privacy laws (as you will be dealing
• If you are worried that a colleague is being sexually
with sensitive information that could affect a person’s
harassed, you should report this to one of the people
reputation).
mentioned above.
You will need to consult a lawyer on this section in particular.
• As someone reporting sexual harassment, your identity
and the information you share will be treated in confidence
and will only be shared with a small number of people 2. PARTIES GOVERNED BY THE POLICY?
involved in the investigation. This is where you state whom this policy applies to. There
• You have the right not to be victimised for reporting is a wide range of actors involved in creating media content
sexual harassment at work. Retaliation is a serious and and with whom your staff will come into contact. You need
punishable offence and it is [INSERT COMPANY NAME]’s to ensure that you capture them all in this clause and that
responsibility to protect you from this. the language is legally appropriate.
EMPLOYEES ACCUSED OF SEXUAL HARASSMENT This policy governs all [INSERT COMPANY NAME]’s
AT WORK employees, including directors, board members, managers,
staff, freelancers and contractors. It also governs anyone who
If you are being accused of sexual harassment you also comes into contact with ORGNISATION X’s employees in the
have rights. process of creating media content, including news sources,
• Your identity and any information about the case will be interviewees, advertisers, business associates and visitors.
treated in confidence.
• You have the right to know the case being made against 3. IMPLEMENTATION OF THE POLICY
you. The implementation of the policy is as important as the policy
• You have the right to respond to any accusations made itself. Here, you need to explain how you will ensure that all
against you. staff know about the policy and are familiar with its content.
• You have the right to due consideration of your version This policy will be widely disseminated internally. [INSERT
of events. COMPANY NAME] will ensure that all managers and
• You have the right to appeal a decision. employees know about and have ready access to the policy
• If [INSERT COMPANY NAME] finds that there is no sexual at all times.
harassment case against you, or the case is dropped, then
The policy will be included or referred to in the following
any documents relating to the case will be destroyed
[INSERT COMPANY NAME] documents:
and will not appear in your employment records. It will
not affect your current or future employment prospects. This list needs to be based on your organisation’s existing
• If [INSERT COMPANY NAME] finds that there is a sexual policies, documents and contracts including:
harassment case against you, you will be disciplined. The
• Code of ethics
minimum discipline is a written warning. The discipline for
serious or repeated cases is termination of employment. • Staff handbook
• Rape and sexual assault are criminal offences and will • Employment contracts
be referred to the police. • Consultant or associate contracts
• Any other collective bargaining agreements/contracts
The policy will be reviewed on an annual basis.
All employees and managers will be trained on the content
in this policy:
a. as part of their induction into the organisation
b. when the policy is reviewed and changes are made
4. DEFINITIONS OF TERMS
You will need to define what sexual harassment at work
is. It is also helpful to give examples of what counts as
unwanted sexual behaviour. It is important to emphasise
that, no matter what the intention, it is the person on the
receiving end of the behaviour who decides if it is unwanted.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 33
6. CONFIDENTIALITY As representatives of [INSERT COMPANY NAME], managers
Confidentiality is an ethical principle that prevents should do all in their power to:
information and identities from being shared or discussed
• Prevent and identify unacceptable sexual behaviour
with third parties. Confidentiality in sexual harassment
from happening
cases not only builds trust, it is also a legal obligation in
• Prevent behaviour that is creating a hostile work
most countries and a professional code of ethics.
environment for employees
[INSERT COMPANY NAME] will treat the people involved • Adhere to this policy and other related policies and
and all information shared in sexual harassment cases procedures
with confidentiality. This means that the identities of those • Ensure that all parties fully understand their rights under
involved – including the person being harassed, the accused this policy
and any witnesses – will be protected and will be processed • Ensure that all parties fully understand [INSERT
in compliance with national data protection laws. Also, any COMPANY NAME]’s complaints procedures and the
information, records and evidence about the case will be potential outcomes and disciplinary measures
stored securely and only shared with those involved in the • Ensure all sexual harassment cases are investigated
investigation. thoroughly and consistently
• Provide all parties with feedback
7. SEXUAL ASSAULT AS A CRIMINAL • Provide all parties with the necessary follow-up and
OFFENCE support
Sexual assault is a criminal offence in most countries and
• Avoid discrimination on any grounds.
cases should be reported to the police immediately.
Breaches of rules and regulations by managers will result
Sexual assault, including rape, is a serious and criminal in a formal disciplinary procedure.
offence. [INSERT COMPANY NAME] will report any case
of sexual assault to the police immediately and will comply
9. COMPLAINTS PROCEDURES
with any related police investigation. [INSERT COMPANY
Your organisation’s complaints procedure needs to be
NAME] reserves the right to suspend with pay any employee
laid out in detail. A step-by-step approach is best. This is
accused of sexual assault until the police investigation is
important for employees as well as managers so that there
complete or there is a court verdict.
is no confusion about what is involved.
8. RIGHTS AND RESPONSIBILITIES All employees have the right to report if they have been
sexually harassed at work, or if they have witnessed
8.1. EMPLOYEE RIGHTS
someone else being sexually harassed at work. All reports
Your employees have a number of rights which they need
will be taken seriously and will be dealt with sensitively and
to know about.
in a consistent and fair manner, respecting the rights of all
[INSERT COMPANY NAME] will treat all sexual harassment parties involved. In some circumstances, it may be necessary
cases fairly and consistently with due respect for the to bring in external assistance or expertise to ensure a fair,
rights of all employees involved. All employees have the impartial and objective investigation.
following rights:
Sexual harassment can be reported using either the informal
• The right to work in an environment free from or formal procedures outlined in this policy.
discrimination of any kind, including sexual harassment
• The right to report if they or someone else has been A disclosure about sexual harassment can be made
sexually harassed at work anonymously using [INSERT COMPANY NAME]’s
• The right to anonymity whistleblowing mechanism [if this exists], however, a
• The right to confidentiality proper investigation will require the identities of all parties
• The right to know the case against them if they are being to be known.
accused (as long as this does not affect confidentiality rights)
• The right to reply with their version of events 9.1. WHO CAN MAKE A SEXUAL HARASSMENT
• The right to due consideration of their version of events COMPLAINT?
• The right to representation All employees have a right to make a complaint if they or
• The right to appeal someone else is being sexually harassed at work.
• The right to have all documents related to their case
Sexual harassment can be reported by
destroyed and deleted from their employment record if
a. The person who has been sexually harassed
no case was found
b. A witness to sexual harassment.
• The right to take their case to a court or tribunal if not
satisfied with the outcome of the investigation. You are not obliged to confront the person you are accusing
of harassment. Only confront the person you are accusing
8.2. MANAGER RESPONSIBILITIES
if you feel able to and if they do not pose a risk to your own
Your managers are representatives of the organisation
or anyone else’s physical safety.
and any failure on their part is a failure on the part of your
organisation. You need to clearly stipulate managers’ duties If you have witnessed or are concerned that another
and responsibilities in preventing and investigating sexual employee is being sexually harassed, encourage them to
harassment at work. report the case themselves either formally or informally.
S EXUA L H A RAS S M E N T I N T H E ME D I A / 35
SS Informs them of their rights, the process going forward • If no case is found, all documents relating to the case
and answers any questions will be destroyed. However, an internal record that an
SS Explains about confidentiality and what it means for investigation was carried out will be kept.
them and the person they are accusing
Step 5 – Feedback
SS Explains what the potential professional and legal
• Feedback is given to the parties involved in the case while
consequences will be for the person they are accusing,
ensuring that confidentiality is safeguarded.
if a case is found
SS Explains what support is available to them and • Both parties are given the opportunity to appeal within
ascertains what support they might want or need X days (see 10. Appeals).
SS Puts the above in writing. • If no case is found, all documents relating to the case
will be destroyed. However, an internal record that an
• PERSON X contacts or calls a meeting with the person
investigation was carried out will be kept.
accused of sexual harassment and:
• If a case is found, [INSERT COMPANY NAME] will produce
SS Informs them about the case against them
a report detailing the investigations, findings, outcomes,
SS Informs them of their rights (including their right to
and disciplinary measures taken.
respond) and the process going forward and answers
• [INSERT COMPANY NAME] will detail an appropriate
any questions
plan for follow-up and support, regardless of whether a
SS Explains about confidentiality and what it means for
case was found or not.
them and the person who is accusing them
SS Explains what the potential professional and legal Step 6 – Follow-up & support
consequences will be for them, if a case is found • PERSON X will systematically follow up with both parties
SS Explains [INSERT COMPANY NAME]’s policy on to ensure that the sexual harassment has stopped and
retaliation or victimisation of anyone making a complaint that both parties are not being adversely affected in the
about sexual harassment aftermath.
SS Puts the above in writing. • PERSON X will also conduct follow-up meetings with
• A sexual harassment case file is opened. line managers.
• A small number of senior management are informed about • PERSON X will continue to assess the need for support.
the case (defining who these people are is important).
10. APPEALS
Step 3 – Investigation All employees have the right to appeal against a decision so
• Interviews are conducted with: there needs to be a clear procedure for this. You will need
SS The person being sexually harassed to decide who in your organisation deals with appeals and
SS The person being accused of sexual harassment makes final decisions.
(satisfying their right to reply)
SS Any witnesses or third parties. If not satisfied, both parties have the right to appeal against
the outcome of the formal complaints procedure. Any appeal
• Two people, including PERSON X, will represent [INSERT
needs to be made in writing to [INSERT COMPANY NAME]’s
COMPANY NAME] in any meeting or interview.
Chief Executive Officer (or appropriate alternative) within
• Formal written statements are taken from seven days (or appropriate time period) of the outcome and
SS The person being sexually harassed should contain the reason for the appeal.
SS The person being accused of sexual harassment
(satisfying their right to reply) An appeal must be based on the following conditions:
SS Any witnesses or third parties. a. Errors in interpretation or implementation of procedures
• The facts of the case are compiled, including diaries and that undermine a fair hearing
evidence collated by the person being sexually harassed b. When new and significant evidence not considered
and any counter evidence from the person being accused. in the initial investigation comes to light
• A confidential record of is kept of all information relating c. Lack of substantial evidence to support the decision.
to the case, including all discussions and communication
with all parties. [INSERT COMPANY NAME] will issue a response to the
• Confidentiality of all parties is safeguarded. request within 7 days (or appropriate time period) of
receiving the request.
Step 4 – Decision
• [INSERT COMPANY NAME] decides whether or not [INSERT COMPANY NAME]’s Chief Executive Officer
sexual harassment has happened, based on the facts (or appropriate alternative) may hold, change, or overturn
and evidence compiled. the original outcome of the disciplinary committee or grant
• [INSERT COMPANY NAME] decides on what disciplinary a hearing. This decision is final and no further appeal can
measures are to be taken if any. be made.
• A legal basis for the decision will be specified
• [INSERT COMPANY NAME] will assess the need for 11. SUSPENSION
legal support In more serious cases of sexual harassment, including
• Both parties are given the opportunity to appeal within sexual assault it may be necessary to suspend employees
X days (see 10. Appeals) while you (or the police) complete their investigation. It is
S EXUA L H A RAS S M E N T I N T H E ME D I A / 37
Sample sexual Survey introduction
VERBAL/NON VERBAL-HARASSMENT
When someone gives another person
unwanted sexual attention through verbal
or written comments or conversation, or
through noises or actions at a distance.
RAPE
The most severe form of physical
harassment involving non-consensual
penetration, no matter how slight, of the
vagina or anus with any body part or object,
or non-consensual oral penetration by a sex
organ of another person.
Other
Worried no-one Was embarrassed/
would believe me ashamed
Worried for my job N/A I responded 'Yes'
3 HAVE YOU EVER BEEN VERBALLY/NON-
security if I reported or 'N/A' to Q6
VERBALLY HARASSED WHILE WORKING AT
[INSERT COMPANY NAME] AND BY WHOM? Didn't know that it
was harassment
Unsure
Adopt zero tolerance Conduct sensitisation
policy against sexual training on what
harassment sexual harassment is
4 HAVE YOU EVER BEEN PHYSICALLY HARASSED
Introduce complaints Managers and
WHILE WORKING AT [INSERT COMPANY NAME]
procedures for sexual executives should lead
AND BY WHOM? harassment by example
Create a stand alone Train managers
A superior A colleague A non-employee sexual harassment on how to prevent
(e.g. interviewee) policy and identify sexual
Yes harassment
Establish safe Employ more women,
No
channels to report to increase gender
incidents of balance
Unsure
harassment such as
anonymous tip line
Create a lead person Have an open
HAVE YOU EVER BEEN RAPED WHILE WORKING
5 AT [INSERT COMPANY NAME] AND BY WHOM?
on sexual harassment dialogue about sexual
issues within harassment
ORGANISATION X
A superior A colleague A non-employee Other (please specify):
(e.g. interviewee)
Yes
No
FURTHER INFORMATION AND COMMENTS
10
Unsure ARE WELCOME
Yes No
S EXUA L H A RAS S M E N T I N T H E ME D I A / 39
Sample communications Here are some practical examples of communication
methods to help managers when they are handling
templates for employers different scenarios of sexual harassment complaints.
UU Templates include: Templates for phone
conversations, emails/letters and meeting minutes.
They are an adaptation of Norwegian media company
VG’s own templates and are meant as a guide only.
It is best to tailor these so that they are based on
the laws in your country and your organisation’s
own policies. Ensure that you consult a lawyer when
drafting your own templates for all written and verbal
communication.
INVITATION TO MEETING
INVITATION TO MEETING CONCERNING REPORT OF SEXUAL
CONCERNING REPORT OF SEXUAL HARASSMENT
HARASSMENT
Please get back to me regarding the Please get back to me regarding the
proposed time of the meeting as soon proposed time of the meeting as soon
as possible. as possible.
Best regards, Best regards,
[INSERT NAME] [INSERT NAME]
S EXUA L H A RAS S M E N T I N T H E ME D I A / 41
Templates for meeting/interviews
during an investigation
Include a summary of key points of the conditions • Is there any documentation you would like to
reported. If more than one condition, use a new bullet present now or at a later time?
point for each one. • Is there any key information that we should have
knowledge of that was not brought up at the
time of reporting this, or any other conditions/
1. INFORMATION ON HOW THE MEETING episodes that may be relevant for the employer’s
IS CONDUCTED assessment of the case?
Employer’s representatives: _______________________________ Prior to the meeting, did the employee have
knowledge of the condition(s) reported?
Advisor/Trade union representative for employee
If any, what constitutes new information for the
(optional): _____________________________________________________ employee?
S EXUA L H A RAS S M E N T I N T H E ME D I A / 43
Templates for feedback
on a decision
Option 1: No case of sexual Option 2: No case of sexual Option 3: A clear case of sexual
harassment harassment – but harassment
problematic behaviour
We have now assessed all the We have now assessed all the I hope you are doing well. I fully
information that we have obtained. information that we have obtained. understand that this is a difficult
The conclusion is that we do not The conclusion is that we do not situation.
consider this to be a case of improper consider this to be a serious a matter We have now assessed all the
conduct on your part. on your part with any personnel- information that we have obtained.
related consequences for you. The conclusion is that we consider
Open for questions, reactions...
The report/s we have received, this to be a serious a matter on your
The documents pertaining to the however, show that your behaviour part, that will have personnel-related
matter will be destroyed, meaning is perceived as bothersome and consequences for you.
that they will not be filed in your problematic. We request that you
personnel file. The report(s) we have reviewed
take these signals seriously. show that your behaviour is
The person/s that reported the (For calls - open for questions, perceived as bothersome and
matter/s will be informed by email reactions...) problematic. We request that you
that the case has been processed take these signals seriously.
and of the decision. We emphasise that the documents
relating to this case will not be filed in As you know, [INSERT COMPANY
Do you have any questions? your personnel file with the company. NAME] has a zero tolerance policy
I must remind you that retaliation when it comes to unwanted sexual
The person/s that reported the attention and/or sexual harassment.
against the person who reported the matter/s will be informed by email that
case is a serious offence. Therefore, we have concluded that we
the case has been processed. Only have to respond by issuing you with
I appreciate this has been a difficult time. the recipient of your behaviour will be [INSERT DISCIPLINARY MEASURE].
informed of the decision and outcome.
If you should need our help or to (For calls - open for questions,
speak to us at [INSERT COMPANY I must remind you that retaliation reactions...)
NAME], or if you would like guidance against the person/s who reported
on how to access support services, the case is a serious offence. You have the right to appeal to this
please do not hesitate to get in touch. decision within [INSERT TIME PERIOD].
Do you have any questions?
The documents pertaining to this
I appreciate this has been a difficult time. case will be filed in your personnel
If you should need our help or to file with the company.
speak to us at [INSERT COMPANY The person/s that reported the
NAME], or if you would like guidance matter/s will be informed by email
on how to access support services, that the case has been processed.
please do not hesitate to get in touch. Only the recipient of your behaviour
will be informed of the the decision
and outcome.
I must remind you that retaliation
against the person who reported the
case is a serious offence.
WWW.WOMENINNEWS.ORG/RESOURCES
S EXUA L H A RAS S M E N T I N T H E ME D I A / 45
6.
USEFUL LINKS
Online pest control for journalists Stop Sexual Harassment Project, Hivos
http://www.troll-busters.com/ https://www.hivos.org/sites/default/files/stop_
sexual_harassment_project_0.pdf
Countering Online Abuse for Female Journalists,
OSCE, 2016
Harass Map (Egypt)
https://www.osce.org/fom/220411?download=true
https://harassmap.org/ar/laws
S EXUA L H A RAS S M E N T I N T H E ME D I A / 47
WWW.WOMENINNEWS.ORG