Legal differences between sexual harassment, harassment on the grounds of sex and mobbing - sexual harassment work

In the workplace and social sphere, it is crucial to understand the subtle but significant differences between sexual harassment, harassment on the grounds of sex, and mobbing. Although these behaviors share the characteristic of being harmful and unacceptable, the law defines and addresses them differently. This article will guide you through these differences, providing the information you need to identify and, if applicable, defend yourself against these situations.

What Is Sexual Harassment? Legal Definition and Examples

Sexual harassment is legally defined as any verbal or physical behavior of a sexual nature that has the purpose or creates an intimidating, hostile, degrading, or offensive environment for the victim. The key here is the sexual connotation of the behavior. Common examples include:

• Lewd comments or unwanted sexual insinuations.
• Non-consensual touching or inappropriate physical advances.
• Requests for sexual favors in exchange for workplace benefits (quid pro quo).
• Displaying images or videos of explicit sexual content in the workplace.

It is important to emphasize that sexual harassment can be perpetrated by anyone in the work environment, regardless of their hierarchical position or gender.

Harassment on the Grounds of Sex: Discrimination and Inequality at Work

Harassment on the grounds of sex, unlike sexual harassment, does not necessarily involve a direct sexual connotation. It refers to any behavior that aims to or results in undermining a person's dignity, or creating an intimidating, degrading, or offensive environment related to their sex. This type of harassment is based on gender stereotypes and can manifest in various ways:

• Derogatory comments about the abilities of women or men.
• Systematic exclusion of a group of people (men or women) from important meetings or projects.
• Assignment of degrading tasks or tasks with lower responsibility to people of a particular sex.
• Unjustified differential treatment based on sex.

Harassment on the grounds of sex, therefore, focuses on discrimination and inequality based on gender, creating a toxic and harmful work environment.

Mobbing or Workplace Harassment: A Strategy of Psychological Annihilation

Mobbing, also known as workplace harassment, is distinguished by being a form of systematic and prolonged psychological violence, directed against a worker by one or several coworkers or superiors. The main objective of mobbing is to isolate, humiliate, and emotionally destabilize the victim, until they leave their job. Some key characteristics of mobbing are:

• Repetition: Harassing behaviors are repeated frequently and over a prolonged period of time (weeks, months, or even years).
• Intentionality: There is a clear intent to harm and damage the victim.
• Power asymmetry: Generally, the harasser holds a position of power superior to the victim, either formal (a boss) or informal (a group of coworkers).
• Progression: Mobbing usually begins with minor incidents that gradually intensify and become more aggressive.

Examples of mobbing include:

• Constant and unjustified criticism of the victim's work.
• Spreading false rumors or slander about the victim.
• Social isolation: Exclusion of the victim from meetings, social events, or relevant information.
• Assignment of impossible-to-complete tasks or meaningless tasks.
• Threats, intimidations, or insults.

Comparative Table: Sexual Harassment vs. Harassment on the Grounds of Sex vs. Mobbing

To better understand the key differences, we present a comparative table:

How to Report and Defend Yourself? Legal Actions and Resources Available

If you have been a victim of sexual harassment, harassment on the grounds of sex, or mobbing, it is essential that you take steps to protect your rights. Some actions you can take are:

• Document everything: Keep copies of emails, text messages, notes, or any other evidence of the harassment. Note the dates, times, and details of each incident.
• Inform your employer: File a formal complaint with your employer, following the procedure established by the company. If the company does not take appropriate measures, you can file a complaint with the competent authorities.
• Consult a lawyer: A lawyer specialized in labor law can advise you on your rights and legal options.
• Seek emotional support: Talking to a therapist, counselor, or support group can help you cope with the stress and trauma caused by the harassment.

Remember that you are not alone. There are numerous organizations and resources available to help you overcome this situation.