Workplace Harassment – A Labor Day Reflection

By Pamodi Galagoda

Let’s reflect on the Industrial Revolution which led human beings to work in factories hand in hand with machines. Work was divided among people according to their knowledge and abilities. For hundreds of years mankind has grown to adjust to this system of work. With time, however, people have understood that human beings are not machines. We do not run on oil or gas. We are built to bleed when hurt and smile when loved. In recent years, government organizations, companies, and other workplaces have adopted several measures to ensure that their employees are treated with dignity and respect. Even though progress has been slow and stilted, workplace harassment is being discussed, and is considered detrimental to the bottomline of any company, as seen with the prevention of workplace harassment measures the apparel industry in Sri Lanka is putting in place in order to qualify for orders from principles such as NIKE and GAP. Article 12 of the constitution in action – all persons are equal before the law and are entitled to equal protection of the law and that no citizen shall be discriminated against on grounds of race, religion, language, caste, sex, political opinion, place of birth or any of such grounds or any other social construct.

ILO’s Convention 190

The convention no: 190 is the first international treaty to identify the right for every human being to experience a world of work free from violence and harassment. Workplace harassment is a common issue faced not only in Sri Lanka, it is experience many share globally, regardless of their nation’s financial stability, political systems or cultural values. In 2019 C190 was adopted at the ILO General Assembly, where the Sri Lankan government voted in favour. This has the potential to be a significant turning point in how we treat each other in our world of work.

Sri Lankan Workplaces

Sri Lanka is still a developing nation, and while some organizations, especially those that work internationally, have adopted progressive workplace systems that aim for a respectful work culture where no one feels uncomfortable, other organizations, including government enties, struggle to cope with the most basic expectations of decency and dignity. this includes racism as well as sexism and discrimination of those that the majority deem different. Some argue that this behaviour is due to ignorance by most that their behaviour is unacceptable within a work space. This is indicative of how while most organizations have adequate, even well constructed harrassment policies on the books, very rarely is there adequate dissemination of these polices to their workforce. this allows for perennial excuses, such as – I was only joking! – Can’t you take a joke? – Don’t be so serious. – whenever perpetrators are called out on their behaviour. These excuses are often made by the same Sri Lankans who complain that young people are adopting Western trends [being anti-racist and anti-sexist] that are not a good fit for our culture. Stop criticizing! Appreciate that our young generation is promoting a country that values love and kindness over pain and suffering.

Workplace harassment can happen anywhere, and does, at every level of an organization. The person with more perceived power harasses the one considered less. Female Boss harasses male subordinate. Male subordinate harasses female Boss. who perceives they have more power, and for what reasons? C190 recognises that harassment takes many forms, and is not just limited to sexual harassment. Any behaviour, words or actions that humiliate, belittle and/or makes another feel uncomfortable within a workspace, is harrassment.

From the apparel industry to agriculture, from cooperate to government sectors, from the entertainment industry to political spaces, from teachers to students and even within our households, we are victims of harassment. We know this. We read about this. We experience this. That it is why it is so necessary to speak up, find our voice, and the strength we need to be be first heard, then heeded, and then we do it.

Women at work

A woman goes to work for the same reason any human being does – to earn money. A salary she deserves. she goes to work to contribute, to be valued for her skills. Women do not, and must not go to work in expectation of being treated as less. Why would we make her endure the humiliation of being treated as less than another who may happen to have a penis between his legs? Circumstances are improving for women within both the private and government sectors. But there is still an ignorance fuelled arrogance exhibited by those who subscribe to this patriarchal construct of inequality that penalize women for being pregnant, those who struggle with childcare – albeit that COVID19 related work from home circumstances made it acceptable for working mothers to stay at home – and even ignore that biological issues like mesntrual cramps can be phytsicaly delibitating for some women. #MeToo may not have been as successful in Sri Lanka because most working women, conditioned by the patriarchy, are sometimes afraid to speak up – valuing their home economy above all else. Yet, others have fought hard and long for gender equality and equity in Sri Lanka. The marathon continues. But it must also end.  We are now ready to achieve what we deserve. As human beings. C190 supports us.

Do men get harassed too?

In Sri Lanka we build our own stereotypes. It matches the global archetype. The hyper-masculine man. Phsyical.  Powerful. Strong. Near-emotion-less. Never appear the weak man. In realioty, these toxic misinterpretations lead our men  to be perceived as inhuman, material objects. Still, if any man acts outside of these prescribed hyper-masculine norms and mores, he is considered fragile, and called names for just being human. Harassment must not be tolerated by towards any person by any person.

“Although both women and men are subjected to violence and harassment in the world of work, social status and power structures in the workplace are more likely to cause women to be far more exposed to violence and harassment. The International Trade Union Confederation notes that “gender-based violence remains one of the most tolerated violations of workers’ human rights. According to statistics, 35% of women – 818 million women globally – over the age of 15 have experienced sexual or physical violence at home, in their communities or in the workplace.”

– Gap Analysis of Sri Lankan Law In Relation To the Convention Concerning the Elimination of Violence and Harassment in the World of Work (C 190)

To do this we have to move beyond gender. For example, some companies in Sri Lanka are beginning to offer paternal leave for fathers, albeit not always equally long periods as mothers. We need to move beyond the tradityional expectations of the roles of fathers and mothers to a space of co-parenting, where both parents are equally responsible for the child’s everyday welfare.

Convention 190 provides safety, health facilities and prevention of harassment in the workplace. It provides the idea that every human being must have the right to work free from violence and harassment including gender- based violence and harassment. This includes those of diverse sexual orientation, gender identity and gender expression.

“[LGBTIQ employees] were further asked if they ever encountered any type of harassment at their workplaces. 58% stated that they have experienced verbal harassment, which included name calling, making derogatory remarks, spreading rumors, asking inappropriate personal questions etc.; 31% said they have experienced sexual harassment, which included verbal and non-verbal invitations to have sex, sending messages with sexual contents, comments about body/clothing/behavior etc. When respondents were asked if they can complain to the management about such harassment incidents, 44% said they cannot because they fear facing more reprisals. This indicates that even if LGBTIQ employees experienced verbal and/or sexual harassment at their workplace, they chose to remain silent because of the fear facing increased discrimination and/or stigmatisation. Consequently, 23% of the respondents also mentioned leaving their jobs due to psychological and emotional harassment.”

A STUDY ON WORKPLACE DISCRIMIONATION: Challenges faced by LGBTIQ employees and the perspectives of employers in Sri Lanka 

Every organization that employs people in Sri Lanka must consider implementing respectful workplace policy, not just to address undesirable behaviour, but also to encourage a positive work culture where team members feel valued and appreciated.

Human beings are not machines. During a time when the speed of technological development creates industrial revolutions with increasing frequency, it is necessary for us to remember that. Human beings are not machines. And not just men are human beings. Women, and the diversity beyond the cis-gender male are making a comeback.

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