The problem of same-sex sexual harassment in the workplace – an issue which should not be overlooked

As a result of policy amendments, sexual harassment laws now apply to same-sex interactions

Sexual harassment was outlawed as a result of revisions to the The Equal Employment Opportunity Law in 1997. Since that time, plans have been made to strengthen regulation of anti-sexual harassment measures and to reconsider the scope of the definition of gender discrimination. As a result, the ordinance and guidelines regarding implementation of the law were revised on 1st July of this year. The revisions are wide-ranging, and include, for the first time, the expansion of the scope of sexual harassment law to include same-sex interactions.
Below, we will give some examples of what may constitute ‘same-sex sexual harassment’, whilst considering measures which companies may take to prevent such cases arising.

Some concrete examples of sexual harassment between people of the same gender

A typical scene at a ‘ladies night’, but also not uncommon on a night out where only men are present – the conversation turns to romance and married life. It is not unusual to hear questions like “How are things going with your boyfriend (or girlfriend)?” or “Any plans for kids?” Few people would even consider that these kinds of questions – which do not by any means constitute flirting or sexual demands – could be taken as sexual harassment. However, these kinds of questions can lead to trouble if the person on the receiving end takes offence at being asked such questions, and claims to have been a victim of sexual harassment.
Another scenario, which tends to arise among males, surrounds group outings to sex entertainment shops or sex establishments. There are occasions where a member of the group who is reluctant to go is persistently invited and pressured into going by the others. It has been pointed out that this could also become a case of sexual harassment.

What measures can companies take?

Most people are already aware that ‘discrimination on the basis of gender’ and ‘sexual harassment’ are outlawed by the Equal Employment Opportunity Law. However, it is unlikely that all individual employees will come to grasp the new provisions brought about by revisions, etc., by their own steam. Therefore, it may be a good idea to explain these to employees through training sessions, showing concrete examples.
Companies must be aware once a problem has arisen, there is a strong risk that it will affect not only the people involved, but impact on the company as employers. Therefore, it may be necessary to re-examine pertinent regulations and in-house training with a view preventing problems, and to conduct checks into the system for dealing with problems in the event that they do arise.