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MEKELLE UNIVERSITY

COLLEGE OF SOCIAL SCIENCE AND LANGUAGES

DEPARTMENT OF SOCIOLOGY

A SENIOR THESIS ON THE TITLE: -WORKPLACE SEXUAL


HARASSMENT BY WOMAN: THE LIVED EXPERIENCE OF FEMALE
WAITERS.

By:-Betelhim Nadew

ID:-cssl/ue/0006/08

Advisor: -Chekol Hadis (MA)

Date-Jan 05/01/2019

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DECLARATION OF THE PAPER

WORK PLACE SEXUAL HARASSMENT: THE LIVE EXPERIANCE OF


FEMAIL WAITERS

BY: BETELHIM NADEW AMDE (ID-NO: - CSSL/UE0006/08)

A THESIS SUBMITTED TO MEKELLE UNIVERSITY, COLLEGE OF SOCIAL SCINCE


AND LANGUAGES FOR DDEPARTMENT OF SOCIOLOGY IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE BACHLOR DEGREE OF
SOCIOLOGY.

ADIVISOR:

CHEKOL HADIS (MA)

FEB, 2019

MEKELLE, ETHIOPIA

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ACKNOWLEDGMENTS
First of all I would like to put my sincere praise to the almighty GOD who is the reason for my
existence and gave me his grace to accomplish this research paper successfully.

Then my deepest gratitude goes to my advisor CHEKOL HADIS (MA), for his unreserved effort
in providing me all the necessary constructive comments and advises in relation to my research
work.

Finally, I would like to extend my deepest appreciation to Mekelle university law school
teachers, Selamawit Taddesse (feminism activist and sexual harassment issues trainer at Addis
Ababa), legal professionals for their relevant articles and journals on the issue, for waiters at 16
kebele who gave me the necessary information and to my beloved friends who generously
contributed their pernicious time for the success of my study.

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Abstract
This study is conducted on the sexual harassment experience of female waitress in Mekelle city
around 16 kebele. The main objective of the study is to explore the sexual harassment experience
of female waitress at their work place. . For the study qualitative and quantitative research
approach were employed. Methods of data gathering tools were interview for the qualitative and
questionnaire for the quantitative. The sources of data were both primary and secondary data
sources. The results of the study show that, the prevalence of sexual harassment on female
waiters is very high. As this study indicates the most common modes that most women
experienced are by touching body part, force kissing and insulting are form of sexual
harassment. In addition of this, the major coping mechanisms sexual harassments taken by most
waiters are like as, use formal wearing system, blazer uniform and avoid close that pull
attention of the harasser and not answering for their words. Finally on the basis of the research
finding the study recommended that, NGOs and other voluntary organization should design
programs which are directed to eliminate sexual harassment by creating awareness about the
problem. Public advocacy should give attention, the legal frame work also should provide an
explicit procedure to assure the guarantee of victims and other available treatment institution
should be needed to minimize the problem.

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List of Abbreviations
CEDAW- Convention on the Elimination of All Forms of Discrimination against Women
EU- European Union
FAO- food and agriculture Organization
FGD- Focus group discussion
ICFTU- Executive Board of the International Confederation of Free Trade Unions
ILO- International labor organization
ITF- International Transport Workers’ Federation
NGOs Nongovernmental organizations
UN- United nation
WHO-World Health Organization

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Table of contents
Content pages

ACKNOWLEDGMENTS.................................................................................................................................iii
Abstract......................................................................................................................................................iv
list of Abbreviations.....................................................................................................................................v
Table of contents..........................................................................................................................................i
CHAPTER ONE..............................................................................................................................................1
1. Introduction.........................................................................................................................................1
1.1. Background of the study..................................................................................................................1
1.2. Statement of the problem......................................................................................................................3
1.3. Objective of the study..........................................................................................................................5
1.3.1. General objective...........................................................................................................................5
1.3.2. Specific objectives.........................................................................................................................5
1.4. Significance of the study......................................................................................................................6
1.5. Scope of the study................................................................................................................................6
1.6. Organization of the paper.....................................................................................................................6
1.7. Ethical consideration...........................................................................................................................6
CHAPTER TWO.........................................................................................................................................8
2. LITERATURE REVIEW........................................................................................................................8
2.1. Definition and Conceptual framework of sexual harassment............................................................8
2.1.1. Definition...................................................................................................................................8
2.1.2. The Relationship between Sexual Harassment and Bullying:....................................................9
2.1.3. Forms of Sexual Harassment.....................................................................................................9
2.1.4. types of sexual harassment.......................................................................................................10
2.1.5. Who is a harasser and who may be Harassed?.........................................................................11
2.1.6. Effects of sexual harassment at work place..............................................................................12
2.2. THEORETICAL PERSPECTIVES TO SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE......................................................................................................................................13
2.3. International perspectives towards work place sexual harassment..................................................17
2.3.1. European Union.......................................................................................................................17

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2.3.2. Organization of American States.............................................................................................18
2.3.3. United Nations.........................................................................................................................19
2.3.4. International Labor Organization.............................................................................................21
2.4. Sexual harassment in hospitality industry particularly under the restaurant industry.......................25
2.4.1. Sexual experiences from co-workers...........................................................................................27
2.4.2. Experience of Harassment from Owners, Managers and Supervisors.........................................27
2.4.3. Experience of Harassment from Guests and Customers..............................................................28
CHAPTER THREE........................................................................................................................................29
3. Method of the Study.............................................................................................................................29
3.1 Description of the Study Area..........................................................................................................29
3.2 Research design...............................................................................................................................29
3.3 study population and sample size....................................................................................................30
3.4 Research Method............................................................................................................................30
3.5 Method of data collection...............................................................................................................30
3.6 Source of Data.................................................................................................................................33
3.7 Method of data analysis..................................................................................................................34
Chapter Four..............................................................................................................................................35
Findings and Discussion.............................................................................................................................35
Introduction...........................................................................................................................................35
4.2 The lived Experience of Females waiters.........................................................................................35
4.3 The challenge of female waiters......................................................................................................38
4.3 Psycho-social effect of sexual harassment on work.........................................................................38
4.5 Discussions..........................................................................................................................................39
Chapter Five..............................................................................................................................................43
Conclusion and Recommendations.......................................................................................................43
5.1 Conclusion...........................................................................................................................................43
5.2 Recommendation............................................................................................................................44
References.................................................................................................................................................46
Questionnaire for female waiters..............................................................................................................47
Discussion issues.......................................................................................................................................49
Interview ideas..........................................................................................................................................50

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CHAPTER ONE
1. Introduction
1.1. Background of the study
The concept of gender is relevant in understanding how it accelerates violence and
discriminations based on gender. That is meant by gender has reference to roles which males and
females respectively are expected to play within a particular society. There are commonly
accepted expectations with regards to male and female behavior, characteristics and roles within
a particular society. These expectations also define how males and females are expected to
interact with each other. These expectations and respective roles and characteristics are not cast
in stone and have the potential to change and be re-invented over time as the social mores of the
community change in order to reflect surrounding socio- economic and other circumstances.
These roles are learned; consequently altered roles related to gender can be adopted and learned
by society in general. Since commonly accepted expectations with regards to male and female
behavior are of prime importance in relation with accelerating gender discrimination acts the
relevance of this malleability and potential for the characteristics and expected gender roles to
change over time lies in the fact that these potential changes can influence the spread of sexually
harass experiences towards women.

Fundamental rights such as the right to equality and the right to dignity can form the foundation
for sexual, cultural and economic transformation. Gender equality cannot be realized without
addressing the root causes thereof. Although the law can provide the foundation for such
transformation, on its own it is insufficient in addressing social, economic and cultural problems
of inequality. What is needed is a profound understanding of the fundamental causes of gender
inequality so that pro- active strategies to eliminate them can be devised and implemented.
Gender neutrality cannot achieve gender equality. Women’s special needs and circumstances
need to be taken into account in designing and implementing effective strategies for the
transformation of the fundamental rights of equality and dignity into reality. Gender specific
workplace policies and programs can play an important role in achieving these fundamental
rights.

Women workers' long-standing struggle, against exploitative and oppressive working conditions
has set the legislative reform agenda. Through their day-to-day struggles women have brought to

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the fore obstacles in the labor market. This is the case with both private and public sector
workers. The gains made by women through the legislative reform process are minimal as most
women workers continue to face obstacles on the shop floor. Such obstacles include low wages,
wage discrimination, the sectoral concentration of women in "typical female jobs", sexual
harassment, inadequate childcare facilities, maternity benefits and in-house training.

A growing trend in the labor market is the division between a core of permanent workers who
enjoy job security and benefits on the one hand and a periphery of part-time, casual, temporary
and sub-contracted workers on the other hand. Women are especially located in the self-
employed and informal sectors. And they also make up the vast majority in the domestic and
small business sectors. Within this situation they are much vulnerable to sexually harassed
experiences and because of that they get back to their life which they live before so that they
cannot achieve their goal and at the same time they will get vulnerable to different impacts which
have negative consequence on their overall wellbeing.

The practice of sexual harassment is centuries old at least, if we define sexual harassment as
unwanted sexual relations imposed by superiors on subordinates at work. For example, sexual
coercion was an entrenched feature of chattel slavery endured by African-American women
without protection of law. While there were crucial differences in the situation of free women
employed in domestic service, they, too, commonly faced sexual advances by men of the
households in which they worked. Surviving accounts of women employed in manufacturing and
clerical positions in the late nineteenth and early twentieth century’s also point to a variety of
contexts in which men imposed sexual relations-ranging from assault to all manner of unwanted
physical or verbal advances on women who worked for them.

Nor was this sex shrouded in silence. Since the antebellum period, there has been public
discussion of women's vulnerability to coerced sexual relations at work. To be sure, Americans
often blamed women's sexual predicament on women themselves; both slaves and domestic
servants were often judged responsible for their own "downfall" because they were promiscuous
by nature. Yet an equally powerful line of public commentary condemned men for sexually
abusing the women who worked for them. The abolitionist press, for example, · "was particularly
fond of stories that involved the sexual abuse of female slaves by their masters" as such stories
directly put in issue the morality and legitimacy of slavery. And sexual relationships between

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women and the men for whom they worked as domestic servants were, if anything, even more
volubly discussed.

Over the decades, governmental hearings and reports, as well as all manner of commentary in the
public press, delved into this and other aspects of the "servant problem." Thus, by the close of
the nineteenth century, we find Helen Campbell's I887 report on Women Wage-Workers
invoking the common understanding that "household service has become synonymous with the
worst degradation that comes to woman." Campbell also described in some detail the forms of
sexual extortion practiced upon women who worked in factories and in the garment industry.
Along similar lines, Upton Sinclair's I905 expose, The Jungle dramatized the predicament of
women in the meat-packing industry by comparing the forms of sexual coercion practiced in
"wage slavery" and chattel slavery.

1.2. Statement of the problem


Women play a pivotal role to national development considering their complementary economic
support, domestic activities and emotional attributes which greatly enhances the economic
fortune of the family, society and the nation. Therefore performing these salient roles require a
secure and stable working environment. Thus, when faced with sexual harassment, it does not
only affect their social and psychological wellbeing but also threatened their level of productivity
both within and outside the organizational settings.

consequently, sexual harassment in the work place have recently threatened women job security,
women earning potentials and productive capacity thereby exposing them to weak moral,
depression, physical illness, isolation and unhealthy organizational atmosphere.

Since sexual harassment is form of gender discrimination from both legal and conceptual
perspective while men may be subject to sexual harassment, but: the majority of victims are
women. The problem relates to roles which are attributed to men and women, in social and
economic life, in turn directly affects women position. This is particularly true for a country like
Ethiopia where male domination is prevalent in all aspect of the culture fabric. Specially females
who work as waiter are vulnerable to sexual harassment from other employees and non-
employees ( e.g. customers). This will relate to the nature of the work, which bay itself is open

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for different kind of peoples from different situations and experiences that independently have
impact on the work environment of females.

The law's failure to protect women from sexual predation at work did not, of course, pass
unnoticed; it has been a subject of protest since the days of the anti slavery movement. We might
count in this tradition abolitionist Henry Wright's description of South Carolina as "one great
legalized and baptized brothel," or Harriet Jacobs's Incidents in the Life of a Slave Girl, or the
petitions of Henry McNeal Turner and other African-American men in the aftermath of the Civil
War who protested the sexual violation of black women in domestic service: "All we ask of the
white man is to let our ladies alone, and they need not fear us." As the story of Turner's petition
reminds us, the parties most interested in achieving law reform in such matters were for the most
part disfranchised. Petition thus emerged as a crucial weapon in the campaign. For example,
even before the movement for woman suffrage emerged in the 1840s, women's moral reform
societies had begun to wage petition campaigns designed to persuade state legislatures to enact
legal penalties for seduction.

The campaign to reform tort law had both practical and expressive purposes. Abolitionist Lydia
Maria Child described the dignitary affront of a tort regime that recognized the sexual injury of
women as an economic loss to men. She protested the common law of seduction as it denied to
women the legal subjectivity to sustain sexual injury and the legal agency to secure its redress,
and argued that women had internalized their devaluation and objectification by law. The last
two decades or so have engendered considerable discussion throughout much of the world about
issues of sexual harassment in the workplace. They have also witnessed legal and other action
initiated by local and national governments and by such international organizations as the
European Communities, the ILO, FAO, the World Bank and the United Nations. It is not that the
problem is new, only that it has been exacerbated and made more visible as increasing numbers
of women have entered the workforce.

Nowadays, within the increasing number of women involvement in work environment, acts of
sexual harassments expanded in kind and size. And also women are facing a double experience
of harassment at domestic level and working environment. That’s why many efforts are made to
eradicate different forms of sexual harassments, so as to encouraging women’s free engagement
in whatever kind of works as they need and supporting economic productivity simultaneously.

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The employer’s carelessness regarding to providing comfortable working environment and the
legal gaps within in the matter also escalated the females’ vulnerability towards sexual
harassment.

There are researches done on area of sexual harassment in Ethiopia for examples the research
conducted by Meron (2011) in Addis Ababa on the prevalence and impact of sexual harassment
on workplace. She found that sexual harassment had an impact on work significantly. This
research is limited in their thematic scope. Focus on work place, that no specification to a certain
group. In addition, Tibebe (2009) also conducted survey on the extent and prevalence of sexual
harassment on female student of Jimma University. This research focus only university student.
It was limited in terms of geographical scope. Therefore this research will conducted to fill the
gap that identified by conducting of qualitative study on sexual harassment experience and
challenge of female waiters in Mekelle city 16 kebele.

1.3. Objective of the study

1.3.1. General objective


The general objective of the study is to explore work place sexual harassment of woman's: the
lived experience of female waiters around Mekelle city, 16 kebele.

1.3.2. Specific objectives


To attain the general objectives, the study will have the following specific objectives:

To identify what work place sexual harassment mean and what it constitute
To assess the causes for women vulnerability to work place sexual harassment.
To explore the challenges that face by female waiters in study area
To investigate the socio-economic and psychological effects of work place sexual
harassment by female.

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1.4. Significance of the study
The research is aimed to give policy direction to the concerning bodies and relevant stakeholders
and it may help government and nongovernmental organizations to work on gender relation
issues specifically on women productivity so as to develop or modifying their approach. The
research might also help for further researchers as reference material especially of gender issues.

1.5. Scope of the study


The study will have a focus on work place sexual harassment which is prevails on female waiters
of Mekelle city around 16 kebele.

1.6. Organization of the paper


The research will have 4 chapters. Chapter one is about research proposal which includes
introduction, background of the study, objective of the study, research questions, significant of
the study, scope of the study, methodology of the study, limitation of the study and organization
of the paper. Chapter two will devoted to literature review, the researcher will examine different
types of materials which have relevancy to the matter. Chapter three will focus on the
methodologies that used by the researcher to conduct the study and finally chapter four will be
critical analysis about the problem based on the finding and will try to recommend some
comments towards the problem .

1.7. Ethical consideration


In this study, the researcher will tries to take in to account the potential ethical issues that are
relevant to the whole process. For the purpose of interviewing different stakeholders like the
restaurant owners, legal experts, activists and offices the researcher will obtain permeation letters
from the sociology department so that the participants can confidentially answer the questions.
Then, before directly going to interviews and desiccations, the researcher will explain all about
the research and its purpose with the importance of their participation to the study. Also during
data collection, through FGD, in-depth and key format, the researcher will first ask prior
informed consent of the individuals. Each individual will be asked for their consent and
voluntary participation to the study. The researcher will inform them that any of their
communication will confidentially secure so that there will not be fear as to their participation.

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The informants’ privacy anonymity and confidentiality of their information is strictly guaranteed
by the researcher.

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CHAPTER TWO
2. LITERATURE REVIEW
2.1. Definition and Conceptual framework of sexual harassment
2.1.1. Definition
Definitions of sexual harassment vary in their focus and breadth, but usually have in common
that they cover unwanted sexually connoted behaviors that aim at or lead to reducing a target
person to her or his gender, as well as behaviors involving gender-based devaluation and
violation of a target person's dignity (Fitzgerald, Swan, & Magley, 1997). As sexual harassment
always includes a clear reference to the target’s gender, it is definitely a form of gender-based
discrimination (Diehl, 2013; Thornton, 2002). (vorgelegt 2014 ).

Sexual harassment may be defined as "unwanted conduct of a sexual nature, or other conduct
based on sex affecting the dignity of woman and men at work. which includes physical, verbal
and non-verbal conduct ;the conduct of superiors or colleagues is unacceptable if it is unwanted,
unreasonable, and offensive to the recipient, the recipients rejection or submission to the conduct
is used explicitly or impliedly as a basis for a decision affecting their job, promotion , training ,
salary and other employment decision , it creates an intimidating, hostile or humiliating working
environment for the recipient and that such conduct may be in breach of the equal treatment
directive. (sexual harassment report by British ministry of defense, 2015).

Sexual harassment includes a wide range of behaviors, from glances and rude jokes, to
demeaning comments based on gender stereotypes, to sexual assault and other acts of physical
violence. Although the legal definition varies by country, it is understood to refer to unwelcome
and unreasonable sex related conduct. A fairly comprehensive definition considers sexual
harassment as “any unwelcome sexual advance, request for sexual favor, verbal or physical
conduct or gesture of a sexual nature, or any other behavior of a sexual nature that might
reasonably be expected or be perceived to cause offense or humiliation to another. Such
harassment may be, but is not necessarily, of a form that interferes with work, is made a
condition of employment, or creates an intimidating, hostile, or offensive work environment” .
(Joni Hersch Sexual harassment in the workplace IZA World of Labor, 2015)

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2.1.2. The Relationship between Sexual Harassment and Bullying:
The majority of the literature on sexual harassment appears to have been published in the 1990s,
and in previous years, the emphasis in the research has shifted to the broader issue of bullying.
(Romana Asmat & Sidra Mehboob, 2016).

Bullying means repeated, persistent and aggressive behavior intended to cause fear, distress, or
harm to another person's body, emotions, self-esteem or reputation. Generally bullying is
defined as repeated intimidation, over time, of a physical, verbal and psychological nature of a
less powerful person by a more powerful person or group of persons. It is repetitive and
encompasses an intrinsic power imbalance between the bully and the person being bullied who
generally is incapable of self-defense. It can be physical (e.g., punching), verbal (e.g. name).
Bullying can be defined in many different ways. Bullying is a globally recognized problem
reflected in the recent agendas of international organizations such as the International Labor
Office (ILO) and the World Health Organization (WHO). (ibid).

Historically, research centered on sexual harassment has tended to focus on the person being
harassed and the perpetrators’ behavior, including the psychological profile of a harasser. It is
however, worth noting that the boundaries between the concepts are somewhat unclear, with
unwanted sexual attention, used with the intention of excluding or punishing targets, likely to fit
the term bullying. Essentially, sexual harassment is seen as representing an abuse of power
(Brewis, J," Foucault,2001). It is argued that harassment is ―not about sex, [but] about power…
it supports and perpetuates a system in which one class of persons is systematically
disempowered.

2.1.3. Forms of Sexual Harassment


Sexual harassment reveals itself in many forms both overt and subtle. It ranges from supposedly
trivial forms of behaviors to extremely serious and offensive behaviors. Sexual harassment can
assume the following forms (Ruto and Chege, 2006; Brieger & Oladepo, 2000):

1. Physical contacts: - that include sexual assault, touching one’s private parts in sexual manner
without consent, forced kissing, patting, pinching, glancing or staring full of lust among others.

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2. Verbal conduct:- that includes unwelcome suggestions, comments and advances, phone calls
of a sexual nature or sexual related jokes and insults that are unwelcome. It also includes
inappropriate comments and rumors about one’s sex life or person’s body.

3. Non-verbal communication:- that comprises unwelcome gestures (such as rude finger signs)
unwelcome displays of pictures/pornographic materials or movies involving sex, sending letters,
faxes, short messages on phones or emails containing sexually clear or explicit remarks.

Ministry of Education and Transmigration, Indonesia (2011) has listed five forms of sexual
harassment by adding Gestural harassment includes sexually suggestive body language and or
gestures, repeated winks, gestures with finger, and licking lips, Written or graphic harassment
includes display of pornographic materials, sexually explicit pictures, screen savers or posters,
or harassment via emails and other modes of electronic communication ,
Psychological/emotional harassment consists of persistent proposals and unwelcome requests,
unwanted invitations to go out on dates, insults, taunts or innuendo of a sexual nature.

These forms of behaviors become offensive, criminal and immoral if the recipient is a non-
consenting and non-participating subject. As long as the non- consenting party shows clearly
that he/she does not wish to reciprocate, any form of continued pressure by the initiator, then is
sexual harassment (Australian Human Rights and Equal Opportunity Commission, 2008).

2.1.4. types of sexual harassment


1. Quid proquo:- is Latin for this for that or something for something and refers to an exchange.
In this case, the exchange is between employees, where one provides sexual favors in exchange
for something else, such as favorable treatment occurs when employment decisions and
conditions are based up on whether as employee is willing to grant sexual favors. Hiring,
promotions, salary increases shift or work assignment, and performance expectation are some of
the working benefits that can be made conditional on sexual favors, (Catherine, 1979).

2. A hostile work environment:- is one which unwelcome conduct of a sexual nature creates an
uncomfortable work environment for some employers. Example of this conduct includes
sexually explicitly talk, sexually provocative photographs, foul or hostile language or
inappropriate touching (Catherine, 1979).

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2.1.5. Who is a harasser and who may be Harassed?
 Who is sexually harassed?

It is commonly thought that workplace sexual harassment is limited to interaction between male
basses a female subordinate. This is not true. In fact sexual harassment can occur between any
coworkers, including the following; peer to peer harassment, subordinate harassment of a
supervisor, men can be sexually harassed by women, same sex harassment-men can harass men,
women can harass women, third party harassment and offender can be supervisors, co-workers,
or non-employees, such as customer, vendors and suppliers (Bowman, 1993, 112-114).

Although both men and women are sexually harassed, international survey data show that a
majority of victims are women. Victims are more likely to be younger, hold lower position jobs,
work mostly with and be supervised by members of the opposite sex, and, for female victims,
work in male dominated occupations. Vulnerable populations such as migrant workers are
especially subject to sexual assault and other forms of abuse and violence. Sexual harassment of
women is particularly high in the military.(Joni Hersch, 2016)

 Who are the harassers?

Before policies can be developed to end sexual harassment, policymakers need to know whether
sexual harassment reflects individual behavior or whether certain organizational characteristics
are more conducive to such behavior. Empirical studies consistently document that a majority of
harassers are male and more likely to be at the same or at a higher organizational level than their
victims. There is little other evidence of a pattern by social status, occupation, or age, making it
difficult to identify likely harassers.

A body of literature identifies organizational characteristics that create an environment in which


sexually harassing behavior can exist. Key characteristics include an organization’s tolerance for
sexual harassment and the gender composition of the workplace, which includes factors such as
the sex of the supervisor and whether an occupation is considered traditionally male. Sexual
harassment is more prevalent in organizations with larger power differentials in the hierarchical
structure, and in male dominated structures like the military.(ibid, page 5).

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2.1.6. Effects of sexual harassment at work place
1. Costs to victims

Those who are sexually harassed report a wide range of negative outcomes. There is extensive
evidence of lower job satisfaction, worse psychological and physical health, higher absenteeism,
less commitment to the organizations, and a higher likelihood of quitting one’s job (willness,c.
R., steel, and R.lee. 2007). Among US federal government workers, 21% of those who have been
sexually harassed report that their productivity declined as a consequence. Workers who report
sexual harassment are also at risk of retaliation, which results in even lower job satisfaction and
worse psychological and health outcomes. (Fitzgerald, L. F., Drasgow, C. L.Hulin,M. J. Gelfand.
and V.J. Magley, 1997)

Because workplace sexual harassment reduces worker productivity, victims may have lower
earnings. But sexual harassment is universally considered an extremely negative working
condition, which suggests that a pay premium may arise for this type of working condition,
similar to the premiums in jobs in which workers face a high risk of death or injury, risks that are
also costly for firms to eliminate. Thus, the direction of the relation between the risk of sexual
harassment and earnings is not predictable a priori. And there is only limited evidence on
whether earnings are affected by experiences of sexual harassment or not. Analysis of sexual
harassment charges filed with the US EEOC shows that workers are paid a premium for
employment in jobs with a higher risk of sexual harassment: $0.50 an hour for men and $0.25 an
hour for women for workers with an average risk of sexual harassment relative to those with zero
risk.(Hersch, J.2011).

2. Costs to organizations

The adverse consequences for victims of sexual harassment translate into a less productive work
environment. The costs to organizations include increased turnover and absenteeism, lower
individual and group productivity, loss of managerial time to investigate complaints, and legal
expenses, including litigation costs and paying damages to victims.(ibid). Lower productivity
Lower morale and reduced employee loyalty, increased absenteeism and higher medical bills,
increased job turnover and its associated costs in recruitment, hiring, and training. Legal costs
and Tarnished public image, other loss of income are among others will considered as costs for

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the organization. Moreover, Lowered performance, Lower morale and reduced employee loyalty
Court action and investigations will also be costs for the manager/supervisor of the organization
at the same time.(Marcia Eager, 2008)

2.2. THEORETICAL PERSPECTIVES TO SEXUAL HARASSMENT OF


WOMEN AT WORKPLACE
Sexual harassment cannot be understood from the perspective of a single theory but it is always a
combination of different predictors. Previous researchers have looked at sexual harassment using
a number of frameworks including organizational approach, feminist theory, role theory and
attributional models of sexual harassment. However, all these models share common basic
assumptions and can be labeled as socio-cultural models of sexual harassment (Sheets and
Braver, 1999).

Sexual harassment of women therefore, may be understood from different perspectives, as


reflected through the existing literature on the subject in the 1980s and 1990s. However, there
have been five widely accepted theories of sexual harassment that attempt to explain the
phenomenon from different angles and perspectives.

1. Natural/Biological Theory: Those who belong to the Natural School interpret sexual
harassment as a natural sexual attraction between people. According to this model, men
have stronger sex derives, and are therefore, biologically motivated to engage in sexual
pursuit of women. Thus, the harassing behavior is not meant to be offensive or
discriminatory, but is merely the result of biological urges. Its assumptions include a
natural, mutual attraction between men and women, a stronger male sex drive, and men
in the role of sexual initiators. Biologically men has strong physiological urge for sexual
activity hence may exert coercive powers towards women in order to satisfy the sex
drive, whereas the other version proposes that, naturally men and women has mutual
sexual attraction hence they both are responsible for sexual acts at workplace. This
implies that a person may not have an intention of sexual harassment but still would
involve in the act owing to the motivation provided by the opposite sex attraction which
is a natural attribute, thus harassing behavior may not necessarily be interpreted as
offensive or discriminatory. Therefore, according to this model the concept of sexual
harassment is a mistaken one because the relevant interactions are most appropriately
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viewed as courtship behavior. A key strength of the natural/biological perspective is that
it acknowledges the innate human instincts potentially driving sexually aggressive
behavior (Tangri et al. 1982).

However, this explanation has found little support and has been criticized on a number of
grounds. It lacks exploratory depth since it is extremely difficult to design studies that test the
theories core assumptions. Moreover, the theory does not provide any core strategies for sexual
harassment prevention. Thus, this framework has had little influence on mainstream thinking
about sexual harassment.

2. Sex Role Spillover Theory: This theory is based on the proposition of irrelevant gender-
based role expectations that individuals bring to the workplace in guiding their
interactions with women. Men hold role perceptions of women based on their traditional
role in our culture. When women take jobs outside of these traditional areas to work in
the male dominated workplace, men rely on these gender-based expectations when
interacting with women therefore, perceiving women in their gender roll over and above
their work role. The result of the inappropriate expected role is male behavior which is
perceived to be sexually harassing. On the other hand, in the female dominated
workplace, sex role and work role overlap therefore; higher level of sexual inappropriate
behavior is not reported. Therefore, men are more likely to sexualize their experiences,
including work experiences, and are therefore, more likely to make sexual remarks or
engage in sexualized behavior, thus accounting for the fact that women experience more
sexual harassment than men (Barbara Gutek, 1982).
3. Organizational Theory: Proponents of this theory propose that one of the central
concepts that help to explain sexual harassment is power (Cleveland &Kurst, 1993). This
theory proposes that sexual harassment results from the opportunities presented by power
and authority relations which derive from hierarchical structures of organizations
(Gruber, 1992).

The structural and environmental conditions found at the workplace provide opportunities for
harassment or implicitly encourage harassment on the basis of workplace norms, gender bias,
and imbedded power relations between men and women. Men have traditionally held the
organizational power inherent in management and supervisory positions, whereas women are

14
likely to be employed in subordinate positions. Since work organizations are characterized by
vertical stratification, individuals can use their power and position to extort sexual
gratification from their subordinates, thus relating sexual harassment to aspects of structure
of the workplace that provide asymmetrical relations between supervisors and subordinates.
Therefore, this perspective emphasizes that the structure of organizational hierarchy invests
power in certain individuals over others that can lead to abuse. Thus, sexual harassment is all
about expression of male power over women that sustain patriarchal relations.

4. Socio-Cultural Theory: Socio-Cultural theories examine the wider social and political
context in which sexual harassment is created and occurs. According to this perspective,
sexual harassment is a logical consequence of the gender inequality and sexism that
already exists in society (Gutek, 1985; Thomas and Kitzinger, 1997). This theory asserts
that women’s lesser status in the larger society is reflected at theworkplace structures and
culture; consequently, male dominance continues to be the rule. Historically cultures and
societal norms have socialized men into roles of sexual assertion, leadership, and
persistence whereas women are socialized to be passive, submissive and gatekeepers.
These social/cultural roles are played out at the workplace, and sexual harassment is the
result. Therefore, sexual harassment is a way for men to express dominance and hence
they are more likely to be the perpetrators; whereas due to intrinsic physical weakness
and submissive behavior, females are the most possible victims.

Thus, sexual harassment is only one manifestation of a much larger patriarchal system in
which men are the dominant group reflecting the larger society’s differential distribution of
power and status between the sexes. A woman is perceived as an object of enjoyment under
the prevalence of patriarchal culture in the society. The perpetrators of sexual harassment
have no regard for women as an equal human being. Therefore, molesting women is a part
and parcel of male idea of fun in the society.

5. Feminist Theory: During the early 1970s, feminist groups like the National Organization
for Women and Working Women’s Institute began zealously to raise awareness of the
problems of unwanted sexual attention on the job. According to the feminist perspective,
sexual harassment is linked to the sexist male ideology of male dominance and male
superiority in the society. Therefore, feminists’ theories view sexual harassment as the

15
product of a gender system maintained by a dominant, normative form of masculinity.
Thus, sexual harassment exists because of the views on women as the inferior sex, but
also sexual harassment serves to maintain the already existing gender stratification by
emphasizing sex role expectations (Gutek, 1985).

Connell (1987; 1992; 2002) posits that gender gender-based inequalities and discrimination are
maintained and negotiated through interrelations among differently gendered (and therefore
differently privileged) subjects within a larger gender system. Therefore, his theory of gender
discrimination acknowledges multiple masculinities and feminists and takes account of the
subjective experience of gender and harassment within a larger gender system. MacKinnon
(1979) maintained that women’s inferior position in the workplace and society in general, is not
only a consequence, but also a cause of sexual harassment. For him, gender and sexuality are
similarly identified as systems of power and domination, with adult men wielding sexual power
to assert and maintain dominance over women. Therefore, men and women are likely to
experience and perceive sexually harassing behaviors differently because of gender inequality
and culturally prescribed expressions of sexuality.

Extension of male dominance in society includes organizations, where the phenomenon is


thriving (Farley, 1978; MacKinnon, 1979). Sexual harassment, hence, is viewed as an inevitable
consequence of cultural experiences; therefore it would apply to many different settings
including the workplace. A main strength of feminist theory has been the logical synthesis of
gender issues, patriarchy and dominance towards an explanation of sexual harassment, that is,
there is some evidence of unifying power. Furthermore, feminists focus on gender inequality in
the workplace has often been credited with bringing the issue of sexual harassment to light.

 RELEVANCE OF THEORETICAL PERSPECTIVES

An interpretation of these theoretical perspectives reveals that both biologically as well as socio
cultural, men happen to have always occupied a dominant position over women in societies, of
which the workplaces are only a part. Considerable data have been accumulated confirming that
harassment is widespread in both the public (Culbertson, Rosenfeld, Booth-Kewley&
Magnusson, 1992; Fitzgerald el al. 1997) and the private sectors and it has significant
consequences for employee health and psychological well-being (Fitzgerald, 1993; Schneider,

16
Swan & Fitzgerald, 1997). Therefore, the vulnerability of women as a weaker sex has traveled
towards workplaces, where it is considered natural and normal for men to be responding sexually
towards women as colleagues, subordinates and superiors. As stated earlier, sexual harassment is
a multidimensional problem. Therefore, it is difficult to focus only on one theoretical framework
to draw conclusions to examine the persistence and precipitating factors of sexual harassment of
women at the workplaces. (PallaviKapila2017).

2.3. International perspectives towards work place sexual harassment


Women have long been exposed to workplace harassment which involves conduct of a sexual
nature or is premised on the sex of the victim. These kinds of behavior were not given a name,
however, until the 1970s, when women in the United States demanded that sexual harassment be
recognized as sex discrimination under the federal antidiscrimination legislation. The designation
“sexual harassment” has since been adopted by women in many other countries who have used it
to characterize their experiences, ensure recognition of these forms of conduct and seek to have
them prevented. During the last two decades, legislation, court decisions, awareness-raising
initiatives, and workplace programmes and policies have recognized and responded to the
problem. In the last decade in particular, advances have been made in both industrialized and
developing countries, including in those in which there had previously been little public
recognition of the problem. At international level too, sexual harassment has been recognized
and addressed by a number of bodies, including the International Labor Organization.

2.3.1. European Union


Within the European Union, concern over sexual harassment in the workplace was first
expressed in 1986, when it was addressed in the European Parliament’s Resolution on violence
against women. (Resolution of 11 June on violence against women 1986).The following year, a
European Commission report concluded that none of the then 12 Member States had adequate
legal mechanisms in place to combat harassment, and called for an EU Directive. (M. Rubenstein
1986).

Until recently, however, the most significant EU initiative was the 1991 Commission
Recommendation and its accompanying Code of Practice. The Recommendation on the
protection of the dignity of women and men at work called upon Member States to take action to
promote awareness of sexual harassment and to implement the measures outlined in the Code of
17
Practice. (Official journal of the European commiostion1992) Its definition of sexual harassment,
which describes it as “unwanted conduct of a sexual nature, or other conduct based on sex
affecting the dignity of women and men at work”, has been highly influential across a number of
Member States. In 1996, the Commission issued a second report on national legislation on sexual
harassment, which concluded that the Recommendation and Code of Practice had not initiated
sufficient progress. It subsequently proposed that the European-level social partners negotiate a
collective agreement to be given legal effect as a Directive.

Following a further report on sexual harassment in 1999, the Commission resumed its quest for
a binding instrument by issuing a draft Directive to revise the Equal Treatment Directive. This
draft was adopted in September 2002. As a result, the revised Directive draws a distinction
between sex-based and sexual conduct, termed “harassment”, and “sexual harassment"
identifying both as forms of discrimination on grounds of sex and prohibiting them.(Directive
2002/73/EC, Article 2(2)).

2.3.2. Organization of American States


Within the Organization of American States, in contrast to the EU, sexual harassment has been
conceptualized primarily as a manifestation of violence against women, rather than as a form of
sex discrimination. The Inter-American Convention on Violence Against Women (the
Convention of Belem do Para), adopted in 1995, defines violence against women as including
sexual harassment in the workplace. The Convention affirms the right of women to be free from
violence, and imposes a number of duties on the States to promote and protect that right. The
States condemn all forms of violence against women and agree to pursue policies to prevent,
punish and eradicate it “by all appropriate means and without delay”. In addition, they agree to
refrain from engaging in violence, to impose penalties and to enact legal provisions. The legal
measures must require perpetrators to refrain from harassing women and establish procedures for
victims, including ensuring they have access to “just and effective” remedies.

In addition to their activities at workplace, national and regional level, the social partners have
also taken international level action on sexual harassment at work. In 1998, for example, the
Executive Board of the International Confederation of Free Trade Unions (ICFTU) adopted an
Action Program to combat sexual harassment within the trade union movement. The ICFTU
declared its opposition to sexual harassment, and called on its affiliates and regional

18
organizations to adopt effective measures to eliminate it from all trade union activities. It made a
number of suggestions on measures which can be taken to tackle harassment, including the
inclusion of a statement of principle in union constitutions; the introduction of measures to
ensure that participants at all trade union events are made aware of the policy; and complaints
and investigation procedures which cover all trade union activities and workplaces. It also stated
that the ICFTU, its regional organizations and affiliates should institute internal complaints
procedures to deal with cases of sexual harassment in union workplaces, which should be
included in collective agreements and discussed in special training programmes for all
employees, and in basic trade union training courses. International federations have also taken
initiatives on sexual harassment. The International Transport Workers’ Federation (ITF), for
example, launched a campaign on sexual harassment in 1997, which highlighted the
mistreatment of female airline employees.

2.3.3. United Nations


Violence against women shall be understood to encompass, but is not limited to ... physical,
sexual and psychological violence ... including ... sexual harassment and intimidation at work.
(UN Declaration on Violence against Women, 1993, Article 2)

Within the United Nations, the issue of sexual harassment in the workplace has been addressed
as both a manifestation of sex discrimination and a form of violence against women. The 1979
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was
adopted at the time when awareness of sexual harassment was only beginning to emerge and did
not therefore contain a specific prohibition. However, the Committee on the Elimination of
Discrimination against Women, set up under the Convention, has since explicitly addressed the
problem. It’s General Recommendation of 1989 recognized sexual harassment as a form of
violence against women. (General recommendation No-12, 1989).Three years later, in General
Recommendation No. 19 of 1992, the Committee characterized gender based violence as a type
of sex discrimination and therefore a breach of CEDAW. The Recommendation notes that
“[e]quality in employment can be seriously impaired when women are subjected to gender-
specific violence, such as sexual harassment in the workplace”. The Committee recommended
that parties to the Treaty should take all legal and other measures necessary to provide effective
protection for women against gender based violence, including sexual harassment in the

19
workplace. The work of the Committee was drawn on in developing the 1993 General Assembly
Declaration on the Elimination of Violence against Women, which affirms that this form of
violence constitutes a violation of women’s rights and fundamental freedoms. 33 It defines
violence against women to encompass “sexual harassment and intimidation at work”, and calls
on States to condemn it and pursue a policy to eliminate it. Sexual harassment has also been
addressed in the human rights context. (Deirdre McCann)

The World Conference on Human Rights, held in Vienna in 1993, identified it as a human rights
violation, while the Commission on Human Rights has treated it primarily as a form of violence
against women. The Commission appointed a Special Rapporteur in 1995, whose work has
included research on sexual harassment at work and the measures which can be taken to prevent
it. (as cited Resolution 1994/45 of 4 March 1995.).

The United Nations Fourth World Conference on Women, held in Beijing in 1995, adopted a
Platform for Action, which outlines strategic objectives and actions to be taken by a range of
actors, includes provisions on sexual harassment in the workplace. 36 It configures the problem
as both a form of violence against women, and a barrier to their equality, 38 stating, The
experience of sexual harassment is an affront to a worker’s dignity and prevents women from
making a contribution commensurate with their abilities. (ibid Paragraph 161.).

The Platform calls on governments, trade unions, employers, community and youth
organizations, and NGOs to eliminate sexual harassment. 40 More specifically, governments are
urged to enact and enforce laws and administrative measures on sexual and other forms of
harassment in the workplace. Parties at the enterprise level are called upon to develop workplace
policies. In addition, the Platform calls for the generation and dissemination of gender-
disaggregated and sex-specific data and information on all forms of violence against women,
including sexual harassment. At the June 2000 Special Session of the General Assembly on
Women 2000: Gender equality, development and peace for the twenty-first century, governments
assessed the achievements and the obstacles which have been faced since the Beijing
Conference. The Session produced a set of further actions and initiatives to implement the
Beijing Declaration and Platform for Action, which again address workplace sexual harassment.

20
2.3.4. International Labor Organization
The International Labor Organization (ILO) has addressed sexual harassment in a range of
instruments and during discussions at tripartite meetings. It has also conducted research and
training on the issue, and provided information and technical assistance to its constituents. Most
recently, it has been stressed that the elimination of sexual harassment and violence at the
workplace is a significant element in promoting decent work for women.

 Conventions

Sexual harassment undermines equality at the workplace by calling into question individual
integrity and the well-being of workers, it damages an enterprise by weakening the bases upon
which work relationships are built and impairing productivity. In view of the gravity and serious
repercussions of the practice, some countries are now adopting legislation prohibiting it and
making it subject to civil and/or criminal penalties. 1

The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), addresses
discrimination in employment on a number of grounds, including sex, and requires that ILO
member States declare and pursue a national policy designed to promote equality of opportunity
and treatment with a view to eliminating discrimination. Like CEDAW, it predates widespread
awareness of the issue of sexual harassment. As a consequence, it has been necessary for the
Committee of Experts on the Application of Conventions and Recommendations to take the lead.
In its 1996 Special Survey on Convention No. 111, the Committee confirmed that it views sexual
harassment as a form of sex discrimination against women in employment which undermines
equality, damages working relationships and impairs productivity.

The Committee defined sexual harassment as:

Any insult or inappropriate remark, joke, insinuation and comment on a person’s dress,
physique, age, family situation, etc; a condescending or paternalistic attitude with sexual
implications undermining dignity; any unwelcome invitation or request, implicit or explicit,
Committee of Experts: Special survey on the application of Convention No. 111 on
1

Discrimination in Employment and Occupation (Geneva, ILO, 1996), p. 16.

21
whether or not accompanied by threats; any lascivious look or other gesture associated with
sexuality; and any unnecessary physical contact such as touching, caresses, pinching or assault.

This definition, therefore, covers the most frequently targeted forms of sexual harassment, but is
also rare in specifically extending to condescending and paternalistic attitudes. The Committee
stated that in order to amount to sexual harassment, the behavior must either “be justly perceived
as a condition of employment or precondition for employment or influence decisions taken in
this field” and/or “affect job performance”.

It added that sexual harassment may also arise from “situations which are generally hostile to
one sex or the other”, thereby including instances of sex-based harassment in addition to those
involving sexual behavior. Moreover, the Committee stated that the elimination of sexual
harassment should “be an integral part of a legislative or other policy, independently of policies
on discrimination on the basis of sex”.

The only international Convention which specifically prohibits sexual harassment at work is the
Indigenous and Tribal Peoples Convention, 1989 (No. 169). It provides that governments shall
do everything possible to prevent any discrimination between workers belonging to the peoples
to whom the Convention applies 49 and other workers, including taking measures to ensure that
they enjoy protection from sexual harassment. 2

Non-binding instruments

The ILO has also enacted a number of non-binding instruments which contain provisions on
sexual harassment at work. The 1985 International Labour Conference Resolution on equal
opportunity and equal treatment for men and women in employment stated that sexual
harassment at the workplace is detrimental to employees’ working conditions and to their
employment and promotion prospects. It recommended that policies for the advancement of
equality include measures to combat and prevent it. Six years later, the 1991 International

2
Article 1 of the Convention provides that it applies to “(a) tribal peoples in independent countries whose social,
cultural and economic conditions distinguish them from other sections of the national community, and whose
status is regulated wholly or partially by their own customs or traditions or by special laws or regulations; (b)
peoples in independent countries who are regarded as indigenous on account of their descent from the
populations which inhabited the country, or a geographical region to which the country belongs, at the time of
conquest or colonization of the establishment of present state boundaries and who, irrespective of their legal
status, retain some or all of their own social, economic, cultural and political institutions”.

22
Labour Conference Resolution concerning ILO action for women workers returned to the issue,
inviting the Governing Body to request that the Office develop guidelines, training and
information materials on issues of specific and major importance to women workers, including
sexual harassment in the workplace. Most recently, in November 2003, the ILO’s Governing
Body adopted the Code of practice on workplace violence in services sectors and measures to
combat this phenomenon, a nonbinding instrument which offers guidance in addressing
workplace violence in these sectors and which makes specific reference to sexual harassment.
(ILO: Workplace violence in services sectors and measures to combat this phenomenon (Geneva,
2004).

Meetings

A number of ILO Meetings of Experts have considered the issue of sexual harassment. The 1989
Meeting of Experts on Special Protective Measures for Women and Equality of Opportunity and
Treatment, for instance, viewed personal security, including sexual harassment, as a health and
safety problem which affected women more than men. The experts felt that special consideration
should be given to those occupations and sectors in which women predominate; those in which
there is special exposure to the risk of violence; and those in which women have not
traditionally been employed. The 1990 Tripartite Symposium on Equality of Opportunity and
Treatment for Men and Women in Employment in Industrialized Countries concluded that
prevention is the best approach, emphasized the importance of enterprise-level policies, and
called for the development of awareness campaigns, information sessions and educational
programmes. 53 More recently, the 1997 Tripartite Meeting on Breaking through the Class
Ceiling: Women in Management concluded that the role of governments and employers’ and
workers’ organizations in promoting the advancement of women included promoting policies on
the prevention of sexual harassment. At regional level, a tripartite seminar devoted exclusively to
sexual harassment was held in Manila in 1993. The participants exchanged information and
experience of measures taken to combat harassment in their countries and discussed the range of
ways in which it could most effectively be countered. Sexual harassment was also discussed in
October 2003 by the Meeting of Experts to Develop a Code of Practice on Violence and Stress at
Work in Services, which produced the Code of practice on workplace violence in services
sectors discussed above. (ibid)

23
Research

The ILO has conducted research on the dynamics of sexual harassment at work and methods of
addressing it. The 1992 edition of its Conditions of Work Digest was devoted to sexual
harassment. It reviewed legal measures and enterprise policies across 23 industrialized countries,
action taken by international organizations, and measures recommended by governments,
employers’ and workers’ organizations, and women’s groups. In 1999, it published an annotated
bibliography reviewing literature in this area. A number of other publications have specifically
examined sexual harassment, or included it as part of more wide-ranging discussions.

Since sexual harassment in the workplace was first recognized as a form of sex discrimination,
an increasing number of countries in the world have enacted legislative provisions on sexual
harassment. Whether provided for or regulated by laws, including anti sexual harassment,
equality and non-discrimination, labour, criminal or tort, sexual harassment is considered as
crime and prohibited. According to Deirdre McCann26, there are mainly adopted approaches.
Firstly, in many countries, specific acts of harassment have been categorized as a form of some
other kind of prohibited conduct, such as sexual assault or defamation, without explicitly
referring to ―sexual harassment‖. This approach was common in many jurisdictions even prior
to widespread awareness of the whole range of forms which sexual harassment can take.
Secondly, in a number of countries, sexual harassment has been explicitly referred and
recognized by their courts and tribunals as a distinct form of some broader type of prohibited
behavior. Most commonly, it has been recognized as a form of sexual discrimination and
prohibited under equality or anti-discrimination laws. Finally, legislatures have enacted
legislation, or amended existing provisions, to specifically prohibit workplace sexual
harassment.3

3
Committee of Experts: General survey on the fundamental Conventions concerning rights at
work in light of the ILO Declaration on Social Justice for a Fair Globalisation, 2008 (Geneva,
ILO, 2012), paragraph 789, p. 330.

24
2.4. Sexual harassment in hospitality industry particularly under the
restaurant industry
Sexual behavior and practices in restaurant settings are not only normalized culturally, but also
institutionalized into the industry through policy. Cultural and institutional practices that define
gendered roles in the workplace are exacerbated by the policy of allowing employers to pay
certain workers sub-minimum wages that must be supplemented by tips, magnifying the power
and status imbalances between servers and served. The power imbalances created by the sub-
minimum wage system are evident in the fact that many key facets of tipped restaurant workers’
employment experiences, from income level to hiring and firing, are dependent upon their
relationships and interactions with customers. Living off tips creates incentives for workers to
tolerate inappropriate customer behavior. As one New York server explained, “There is a lot of
sexual harassment [but] you just kind of brush it off…i just want my tip, i don’t want anything to
mess up my tip.” Tipped women working in restaurants reported to ROC-united that the cultural
expectation of their work in terms of appearance and behavior is often ‘sexy’, deferential and
available, “date ready”, as one server in Houston described it.(Sexual harassment, in the
Restaurant industry, 2014).

The immediate impact of the sub-minimum wage system is to render sexual harassment a
pervasive element of the employment experience in the restaurant industry, but the long-term
impact may be even more detrimental. Many young women enter the workforce as tipped
restaurant workers and acculturate to work life in an environment in which sexual harassment is
commonplace and normalized. As the industry grows and assumes more importance as a
gateway to the world of work it also serves as a foundational framework for the way women
understand sexual harassment and what constitutes typical behavior in their later careers. the
basic and widespread “philosophy of service as pleasing customers, indulging them, and giving
them what they want,” intersects with a system that demands that customers pay these workers’
wages in tips and creates an environment in which inappropriate behavior by customers towards
service staff becomes commonplace. The sub-minimum wage system also impacts how
managers supervise tipped employees in the restaurant industry. studies have shown, for
example, that this system can impact a worker’s employment; managers interpret poor tips as
signs of poor performance, and may also seek to hire workers based on a desire to fulfill
customer expectations, such as having attractive staff. (ibid).

25
Customers pay for a sexualized vision of ‘good service,’ owner’s demand it and co-workers
observe and internalize a system that places the worker in a subservient and vulnerable service
role. The sub-minimum wage system shapes the experience of sexual harassment in the
workplace by restaurant workers in a number of ways: (ROC- united, 2014).

1. Since tipped workers who earn a sub-minimum wage depend on customers to provide their
wages, customers can feel entitled to treat servers inappropriately. . (Poulstons, J.2008). This
dynamic is demonstrated by our comparison of the experiences of tipped women workers with
those of non-tipped women workers, which shows that the former group are more likely to
experience various forms of sexual harassment than their non-tipped counterparts.

2. The system of workers having to obtain their wages from customers has the effect of blurring
boundaries, as it becomes difficult for workers to effectively draw lines between providing good
service and tolerating inappropriate behavior from customers

3. Due to their desire to keep customers happy, management can be unresponsive to, or even
indulgent of customer misbehavior.35 Management also at times encourages sexual harassment
from customers and co-workers by requiring employees to flirt and dress suggestively.
(Matulewicz, K., 2018).

4. Women workers are often required or feel the need to dress or act in a sexualized manner in
order to secure larger checks and tips from customers.36 as a result, women’s bodies are further
commoditized.(Laponinte, E. ,1992).

5. Women restaurant workers often have to tolerate inappropriate comments and sexual
harassment while at work in order to ensure their earnings are not impacted negatively and to
maintain job security

6. Accepting or tolerating sexual harassment in the workplace differs from consent but due to the
constraints on workers, few address the harassing behaviors on the job. Instead, workers tend to
seek support outside the work environment. Over three quarters of workers who experienced
sexual harassment sought support from a friend or family member.

26
Every time a waitress serves a particular male customer, he reaches for something and brushes
her breasts. She cannot avoid this customer because he is in her section. She thinks this is sexual
harassment but does not say anything because she does not want to jeopardize her tip or upset
her manager. She knows that –unlike in professional or office settings – this behavior is expected
in restaurants. It happens all the time. Customers expect her to be available to them because she
is serving them. Also, her shift is ending soon, and she will not have to deal with this particular
customer tomorrow – unless he is a “regular.” We have noticed that there is a difference in
behavior from management, co-workers, and customers in order to understand these differences
and what they mean in practice. (Lisa C-Huebner, 2008).

2.4.1. Sexual experiences from co-workers


When sexual harassment becomes institutionalized as part of the normal job expectations in
restaurant work, it exercises a profound influence over interactions between employees. a highly
sexualized workplace culture, often found in restaurants, strongly informs both working in such
environments as well as their understanding of what constitutes sexual harassment. Gendered
power hierarchies are often in operation amongst staff in restaurants: not only do women
working in the industry tend to occupy jobs that are considered lower-status compared to ‘men’s
work’ — for instance, as waitresses and hostesses as opposed to management or sommeliers in
fine dining — but they are also distanced socially from men co-workers through practices such
as revealing uniforms, the use of gendered nicknames instead of their actual names, the
expectation of flirting and sexual joking as part of their job, and the perception that the work
women carry out is less skilled or valuable.52 sexual harassment is both a form of this social
distancing, and a result of it. (Laponinte, E.1992). While majorities of men and women were
bothered by sexual advances from co-workers, women were significantly more likely to
experience sexual advances in their workplace in a negative light.

2.4.2. Experience of Harassment from Owners, Managers and Supervisors


It is obvious that workers accept sexual harassment directed at them from a restaurant owner,
manager or supervisor. This is of course particularly problematic because in such circumstances
it can be extremely hard for the employee to reject management’s advances, respond assertively
to their behavior, or to report or complain about it for fear of losing their jobs or jeopardizing
their livelihoods. Moreover, owners, managers and supervisors all exercise authority when it

27
comes to determining and controlling the norms of workplace culture, including which behaviors
are acceptable and which are not. That so many restaurant workers have experienced
inappropriate behavior from managers in positions of authority suggests that management is not
invested in regulating — and may even encourage — the sexualized culture of the restaurant
workplace. Sexual harassment has become a way for management to build a subservient and
dependent workforce based on exerting physical and financial control. This is further supported
by other research carried out by ROC, which suggests that sexual harassment policies and
training in the restaurant industry are widely unenforced or absent and is corroborated by our
survey results. (Roc-united, 2012)

2.4.3. Experience of Harassment from Guests and Customers


As with harassment from co-workers and owners, both men and women workers experienced
sexual harassment from customers on a routine basis; however, women experienced sexual
harassment from customers at twice the rate of their men co-workers. Sexual harassment from
customers is the most uncomfortable form of sexual harassment for women working in the
restaurant industry — with a greater percentage of women reporting discomfort at harassing
behaviors from customers than from employers and co-workers.4

4
Employer, union, and service Provider’s Guide to ending street harassment , by Debjani Roy. New york: hollaback!,
2S013. http://www.ihollaback.org/resources/ hollaback-publications/

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CHAPTER THREE

3. Method of the Study


3.1 Description of the Study Area
A study area is geography for which data is analyzed in a report and/or map. Business decision
offers two ways to define study areas: Site based study area. Geographical unit based study area.
The Study Description consists of information about the data collection, study, or compilation
that the DDI-compliant documentation file describes. ... This is usually the case when the
producer of a data collection also produced the print or electronic codebook for that data
collection.

So that, the area of the given research is Mekelle, also known as mek’ele is a city in the northern
Tigray region of Ethiopia. It is located around 780 kilometers north of the Ethiopian capital
Addis Ababa with the elevation of 2,254 meters (7,395fit) above sea level. The city has a
population estimated around 5.247 million (2017 ). Today, Mekelle is one of the main economic
and educations centers in Ethiopia. The martyrs’ memorial monument, the palace of yohanns IV,
the Catholic Church and other are the most visited places in the city. 16 kebele is one of the most
concentrated places in the city, lots of coffee ceremonies, bars, restaurants, cafes and clubs are
there. The place is preferable by most residents and students for the purpose of enjoyment. As a
result of this, the researcher chose the place as the study area. Because the researcher can find
number of female waiters and peoples who are relevant for the interview, the area is found to be
suitable for the study

3.2 Research design


It is a plan to answer your research question. A research method is a strategy used to implement
that plan. Research design and methods are different but closely related, because good research
design ensures that the data you obtain will help you answer your research question more
effectively The researcher was employed a cross-sectional research design in which data was
collected for the purpose of describing and explains at one point time. Moreover, it is the overall
strategy that you choose to integrate the different components of the study in a coherent and
logical way, thereby, ensuring you will effectively address the research problem; it constitutes
the blueprint for the collection, measurement, and analysis of data. Note that your research

29
problem determines the type of design you should use, not the other way around. The function of
a research design is to ensure that the evidence obtained enables you to effectively address the
research problem logically and as unambiguously as possible.

3.3 study population and sample size


To begin with, the sample size is an important feature of any empirical study in which the goal is
to make inferences about a population from a sample. ... In a census, data are collected on the
entire population; hence the sample size is equal to the population size. The study population are
female waiters who working in cafeteria, hotel, and bar. The research was use non- probability
sampling techniques particularly judgmental sampling techniques To select 17 female waiters.

3.4 Research Method


In order to select relevant data the researcher was employ qualitative type of research method.
Because of qualitative methods helps to explore perspectives, views, and values of respondents.
The researcher was interviewed respondent to gather relevant and appropriate information about
female waiters lived experience and challenges. What is more, it is one of the tools that one uses
to do research. These can either be qualitative or quantitative or mixed. Quantitative methods
examine numerical data and often require the use of statistical tools to analyses data collected.
This allows for the measurement of variables and relationships between them can then be
established. This type of data can be represented using graphs and tables. Qualitative data is non-
numerical and focuses on establishing patterns. Mixed methods are composed of both qualitative
and quantitative research methods. Mixed methods allow for explanation of unexpected results.

3.5 Method of data collection


Data Collection is an important aspect of any type of research study. Inaccurate data collection
can impact the results of a study and ultimately lead to invalid results.

Data collection methods for impact evaluation vary along a continuum. At the one end of this
continuum are quantitative methods and at the other end of the continuum are Qualitative
methods for data collection

The researcher was use qualitative data collection methods such as key informant, focus group
discussion, and in-depth interview. Qualitative data collection methods play an important role in
impact evaluation by providing information useful to understand the processes behind observed

30
results and assess changes in people’s perceptions of their well-being. Furthermore qualitative
methods can be used to improve the quality of survey-based quantitative evaluations by helping
generate evaluation hypothesis; strengthening the design of survey questionnaires and expanding
or clarifying quantitative evaluation findings. These methods are characterized by the following
attributes:

• they tend to be open-ended and have less structured protocols (i.e., researchers may
change the data collection strategy by adding, refining, or dropping techniques or informants)

• they rely more heavily on interactive interviews; respondents may be interviewed several
times to follow up on a particular issue, clarify concepts or check the reliability of data

• they use triangulation to increase the credibility of their findings (i.e., researchers rely on
multiple data collection methods to check the authenticity of their results)

• generally their findings are not generalizable to any specific population, rather each case
study produces a single piece of evidence that can be used to seek general patterns among
different studies of the same issue

Regardless of the kinds of data involved, data collection in a qualitative study takes a great deal
of time. The researcher needs to record any potentially useful data thoroughly, accurately, and
systematically, using field notes, sketches, audiotapes, photographs and other suitable means
.The data collection methods must observe the ethical principles of research.

A. key informant–the researcher interview that have special knowledge and experience about
the issue of sexual harassment. Key informant interview was conduct with three respondents
from each office such as, women affairs head, police officer, children affair. Feminist activists
and other relevant parties who directly or indirectly have any interest on the issue. A key file is a
generic file extension used by various programs when registering legal copies of the software. It
may be saved in a plain text format but generally contains some form of encrypted key string that
authenticates the purchase and registers the software. Furthermore, the key format file extension
stands, most commonly, for Keynote Presentation. This is the software that was developed by
Apple to allow you to create and playback presentations. The presentation is stored in the format
of the Mac OX X package. The file contains all of the data necessary to play the presentation.

31
B. In-depth interview– in-depth interview methods was use to gather qualitative data from
respondents. In order to get detail information about the topic from those who are sexually
harassed female waiters by using purposive sampling techniques. As Rithies and Lewise(2003 )
indicated, in depth interview is important because direct answer and can the researcher ask
questions that need further elaboration by the interview. A qualitative data collection method, in-
depth interviews offer the opportunity to capture rich, descriptive data about people’s behaviors,
attitudes and perceptions, and unfolding complex processes. They can be used as a standalone
research method or as part of a multi method design, depending on the needs of the research. In
depth interviews are normally carried out face to face so that a rapport can be created with
respondents. Body language is also used to add a high level of understanding to the answers.
Telephones can also be used by a skilled researcher with little loss of data and at a tenth of the
cost.

The style of the interview depends on the interviewer. Successful in-depth interviewers listen
rather than talk. They have a clear line of questioning and use body language to build rapport.
The interview is more of a guided conversation than a staccato question and answer session. The
interview is conducted using a discussion guide which facilitates the flushing out of the
respondent’s views through open ended questioning. Projective techniques can be incorporated
into the interview too.

C. Focus group discussion- (FGD) is a good way to gather together people from similar
backgrounds or experiences to discuss a specific topic of interest. The group of participants is
guided by a moderator (or group facilitator) who introduces topics for discussion and helps the
group to participate in a lively and natural discussion amongst them. The strength of FGD relies
on allowing the participants to agree or disagree with each other so that it provides an insight
into how a group thinks about an issue, about the range of opinion and ideas, and the
inconsistencies and variation that exists in a particular community in terms of beliefs and their
experiences and practices.

FGDs can be used to explore the meanings of survey findings that cannot be explained
statistically, the range of opinions/views on a topic of interest and to collect a wide variety of
local terms. In bridging research and policy, FGD can be useful in providing an insight into

32
different opinions among different parties involved in the change process, thus enabling the
process to be managed more smoothly. It is also a good method to employ prior to designing
questionnaires.

The researcher was under taken two focus group discussions with six participants each groups.
One group consists of female waiters under the age of 18. The second FGD held with female
waiters above the age of 18.Of female waiters who have knowledge about the problem with the
time two hours. First, the researcher identify those age of female who work different hotel, bar,
cafeteria, and restaurant. The reason for employed this techniques is to share ideas and opinion
about the problem related with them.

3.6 Source of Data


Source data is raw data (sometimes called atomic data) that has not been processed for
meaningful use to become Information.

The data was collected by use both primary and secondary source of data. A primary data source
is an original data source, that is, one in which the data are collected firsthand by the researcher
for a specific research purpose or project. Primary data can be collected in a number of ways.
However, the most common techniques are self-administered surveys, interviews, field
observation, and experiments. Primary data collection is quite expensive and time consuming
compared to secondary data collection. Notwithstanding, primary data collection may be the only
suitable method for some types of research. Primary data was gathered from focus group
discussion, key informant, and in-depth interview. Secondary source of data, it is the fact that, to
data which is collected by someone who is someone other than the user Common sources of
secondary data for social science include censuses, information collected by government
departments, organizational records and data that was originally collected for other research
purposes. Primary data, by contrast, are collected by the investigator conducting the research.

Secondary data analysis can save time that would otherwise be spent collecting data and,
particularly in the case of quantitative data, can provide larger and higher-quality databases that
would be unfeasible for any individual researcher to collect on their own. In addition, analysts of
social and economic change consider secondary data essential, since it is impossible to conduct a
new survey that can adequately capture past change and/or developments. However, secondary

33
data analysis can be less useful in marketing research, as data may be outdated or inaccurate.
Secondary source of data were collected from published and unpublished materials. From
published data like book, magazine, reports and unpublished materials like thesis, senior easy
were use.

3.7 Method of data analysis


Thematic analysis is used in qualitative research and focuses on examining themes within data.
This method emphasizes organization and rich description of the data set. Thematic analysis goes
beyond simply counting phrases or words in a text and moves on to identifying implicit and
explicit ideas within the data. Coding is the primary process for developing themes within the
raw data by recognizing important moments in the data and encoding it prior to interpretation.
The interpretation of these codes can include comparing theme frequencies, identifying theme
co-occurrence, and graphically displaying relationships between different themes. Most
researchers consider thematic analysis to be a very useful method in capturing the intricacies of
meaning within a data set

It emphasizes pinpointing, examining, and recording patterns within data. Themes are patterns
across data sets that are important to the description of a phenomenon and are associated to a
specific research question. Thematic analysis is best thought of as an umbrella term for a variety
of different approaches, rather than a singular method. Different versions of thematic analysis are
underpinned by different philosophical and conceptual assumptions and are divergent in terms of
procedure.

What is more, the researcher data was gathered by using interview, key informant, and focus
group discussion by use thematic analysis methods. Presenting central themes that are relevant to
the problem under investigation from the qualitative data collection through interview guide
from female waiters were analysis in form of statement and essay. Having translated the
transcribed data put under each research question to English from Amharic language.

34
Chapter Four

Findings and Discussion


Introduction
Once all the necessary data were gathered, the researcher has transcribed the data in to a more
organized and meaningful structure for a better understanding and communicated the findings
about sexual harassment experience and challenges of female waiters in Mekelle city around
kebele 16.

The data were structured and synchronized in to the following section by categorized the
information obtained from the interview using qualitative in line with the objective of the
research has thoroughly dealt the experience of female waiters, challenge and socio-
psychological effect of female waiters. the data obtained from focus group discussion and key-
informants will also analyzed respectively.

4.2 The lived Experience of Females waiters


That respondents were asked if they have faced sexual harassment, the frequency of it, the
measurement they take to prevent the act if any, and were also asked about the status of their
firm or employers in relation with adopting a sort of policies that protect females from sexual
harassment acts. Moreover, the respondents were asked which type of sexual harassment they
frequently experienced. based on this the respondents answer the question, so that almost all
respondents were answered that they faced sexually harass acts in every day from different
parties, and some said that they don't even have any idea about what sexual harassment includes
and which acts are considered as sexual harassment which are against their right to work and
dignity. a very few females responded that they never faced such experience at their work place.
It indicated that the majority of cafeteria, hotel, and bar female waiters are the victims of sexual
harassment whatever the type is.

as the data collected from questionnaire, the respondents answered that they commonly face
different kind of sexual harassment from their co-workers, customers, and employers of them.
but the data indicates that, female waiters experience sexual harassment mostly and frequently
from their customers and employers. more than half respondents suggest that they are sexually
attack mostly by their costumers and co-workers.
35
The data collected from Interview show that, the situations creates a negative impact on them, as
a result they can't work as they want and loss their confidence.
‘He asked me to be his girlfriend, then in any opportunities he gets he made me spend
Evenings with him and forced me to kiss him. Whenever he meets me outside the workplace he
threatens me. Even though I told him I had a boyfriend he could not leave me alone.As a result I
couldn’t go out and relax as I want and the situation remains the same.’
[Year Age 21]

The waiters the researcher talked said that, the sexualized and service-oriented nature of their
job fueled sexual harassment. Nine out of ten waitresses said that there was a high prevalence of
sexual harassment of waitresses. Four of these agreed that sexual harassment existed but said that
it was not a problem and the others believed that sexual harassment was a serious problem for
waitresses. Three explicitly said that sexual harassment was part of the job. One waitress
remarked,

You know, it goes with the territory of being a waitress and being on that type of job. You
shouldn’t have to think that way but that’s the way the society and life goes on. That’s what
goes with the territory when you’re a waitress. It’s part of the job. Being called ‘sweetie,’
‘babe,’ the whistles, and ‘you, come over here’.

Waitresses regularly experienced sexual harassment as part of their work routine. Restaurant
work is highly sexualized. This is most obvious in restaurants that promotes the sexualization of
its waitresses as part of the dining experience. but the waitresses in this study reported similar
expectations in more subtle terms. an employer may asked one waitress “to take care of” a of a
person who is a customer at which she worked. From the tone of his voice, she understood that
she was supposed to make the customer feel good and also perhaps flirt with him, in other words
provide emotional labor.

One waiter had described her feelings, “I disliked it. I really disliked it because when I went
there, I knew what was going to happen. I had to smile. I felt cheap. I really felt like I was selling
myself, and I wasn’t getting no money for it (laughter). You really are, you really are selling
yourself.”

36
This waitress interpreted taking care of a customer as presenting herself as if she were sexually
available to him. The expendability of waitresses sustains this idea of sexual access at work. The
waitress position is often tenuous because managers fire waitresses at a moment’s notice. This
vulnerability is characteristic of jobs that do not demand a lot of education and/or previous
training. There will always be another waitress to hire because there will always be women who
need immediate income. Because a waitress cannot take her job for granted, she is more
vulnerable to sexual harassment and more powerless to stop it. While clearly acknowledging the
existence and persistence of sexual harassment, waitresses may be less likely than those in more
secure employment to confront sexually harassing behaviors because they are more afraid of
losing their jobs.

The following quote comes from a waitress who described negotiating an encounter with two
diners, one male and one female. She described how the man flirted with her, i.e. smiling and
talking excessively. In the interview she expressed concern that her female customer would
misinterpret her service as flirting even though her husband was the one who gave the extra
attention. This waitress identified that she was being sexually harassed, but felt powerless to stop
it:

So I’d try to get through the rest of the time that I had to deal with them trying not to talk too
much to him. You know, thinking, my god, if I talk to him, how that’s going to look and that’s a
really irritating position to be put in! To think that you can’t even talk to your customer, which
you have to do, because he has stuck you in this position, his wife’s going to hate you, and she’s
the one paying the bill, you know, I mean what are you supposed to do?...this makes me cry.

In the interviews, some waitresses discussed ambiguous sexual situations as something to simply
accept, that individuals did not mean harm but that “sexual mishaps” normally occurred in the
work environment. Other waitresses described obscure messages and behaviors as contributing
to the ways that harassers’ perpetuate sexual harassment by masking harassers’ intent. One
waitress described: One of the things about harassment that makes me feel well, I don’t know,
it’s almost as if part of the power in it is they know it can be very ambiguous. In that, they can
completely intend it in a harassing way, and if you respond, hey, this is harassment, they can
make it look like it’s your problem... on some level they know that the ambiguity almost keeps
them safe. This waitress identified ambiguous sexual interactions with a “regular” customer as a

37
normal power dynamic at work. The interviews described how waitresses regularly experienced
sexual harassment as part of their work routine. This can be explained in part from a work
culture that tolerates and sometimes encourages sexual access to servers but also because
waitresses experience little or no job security and therefore have little power or control over their
work conditions. Waitresses define and experience sexual harassment as it is commonly
understood but feel trapped by work culture and expectations to stop these behaviors.

Based on the interview, the modes of sexual harassment experience that frequently happen to
female waiters is forced kissing, touching body parts, insulating and others. Likewise most of the
respondents replayed that touching body parts is the major type that experienced by most
women’s. As respondents replied that they faced harassment for the customers of the service.

4.3 The challenge of female waiters


Sexual harassment was found to have impact upon client. They reported feeling sad, angry,
depressed, uncomfortable anxious, fearful, stressed, disappointed, exploited and isolated.

The respondents were replied that, sexual harassment results depression, anger, absence of job,
lost of income, moral damage and so on to them. Because of this they are not able to get what
they deserve. this will also create sense of inferiority so that they prefer to remain silent or
remain dependent on their family and husband.

4.3 Psycho-social effect of sexual harassment on work


To accurately assess the impact of harassment on job related and psychological outcome, it is
critical to isolate the effect of harassment from other variables that may be correlated with both
harassment and outcomes. For example employees who express harassment also express other
work-related stressors that may influence outcome. Thus, included a measure of general job
stress in study show that, the effect of harassment to determine is harassment has consequence
above and beyond the numerous stressors encountered in the workplace. Many said that their
confidence and self-esteem had been damaged. As sales consult particularly highlighted the fact
that she felt less confidence in her ability as a worker following the harassment she was
subjected to. Such mental and emotional suffering was frequently accompanied by physical
manifestation of distress. This includes stomach problems, nausea, difficulties in sleeping, and
exacerbation of pre-existing medical disorders. As well, workers suffered social ill effects. They
frequent reported that their relationship with their parents, families, and friends were damaged as
38
result of sexual harassment they went through. This mental physical and social sequence
occurred during between, and after incidence of sexual harassment. In many instances, they
continued for months after the sexual harassment had stopped.
‘Though the harassment I had experienced could not be as such exaggerated it resulted inthe
feeling of emptiness and could not have calm state of mind. During work they throw at me
unnecessary words such as ‘I love you threats and disagreements such as ‘If you don’t tellme
your name you won’t move from here’. For this I have always to be accompanied by friend
because of this and other difficulties which I could not explain I hard it topursue my work I am
in a state I could not working hard as I should ,loss my confidence I could not attend my work .
Ilive scared and thinking that I face great difficulty in the future.’ [Age 22]

4.5 Discussions
As this study’s main objective, exploring the sexual harassment experience and challenges of
female waitress in Mekelle city around 16 kebele, it found necessary to critically analyze the root
challenges of female waitress because of sexual harassment they through. the researcher tries to
get some peoples and able to communicate with them to discuss the issue in line with their
special status.

since the researcher wants to study the issue by relating it with the existed legal gap, efforts made
to reach some law teachers and lawyers. and was successful so that they gave their own opinion
with the relevant legal explanation. then, based on their argument the legal frame work by itself
open the door for the harassers and deny justice to the victims.

from the discussion the researcher able to conclude that in addition to the society's attitude
towards sexual harassment (i.e. considering it as a normal thing and part of the work) the legal
framework also have its own contribution to escalate the impact.

''the law as one social institution has the responsibility to protect the society from harms that
affect its daily life''. but in practice, we notice that the theory is not applied as it should be and
even it become the justification or a defense for the offenders.

In a normal circumstance, the criminal justice system established fundamental principles that
guide the overall procedure of due process of law.

39
This principles provide a motion to the criminal system by adopting rules that must be followed
in case of accused person who commit social harm. so before we going to arrest an accused
person we have to be sure that he commits a certain act which is legally prohibited so that we can
charge him based on the procedure that allowed to such effect.

the first and most related principle with this study is that, the ''principle of legality'' which
presupposes the codification of an act as crime under the laws. to say a certain act is wrong or it
is crime, such act shall prohibited by a specific law which governs it. no law no punishment. so
here the point is that, if the law does not explicitly prohibit sexually harass acts as a crime or as
wrong, the society may not refrain from commit them and the victims cannot guaranteed their
right because the law does not guaranteed them from the beginning. even if they want to claim
their right it will impossible without pre- existed legal base.

Employment law is a branch of private law which governs the relationship between employer
and employee. The law provides rights and obligations of both during their relation. the base for
their relationship is that of employment contract. Under their contract they agree on terms and
conditions. The law obliged the employer to provide a minimum working condition that is
comfortable to the employee. But in practice the employers escape this and employees suffer a
lot. Specially in construction works, employees lost their life because of absence of safety
materials and unfavorable working conditions. the same is true for waiters, the managers or
owners are not willing to provide a minimum working environment for their employees specially
for female workers. they provide the legal gap as a defense. Even if there is a law which govern
employees relationship with the employer, there is gaps to regulate sexually harass acts which
comes from different parties. the law does not specifically regulate liabilities of customers and
co-workers in relation with their act of harassment. the law only governs the liability of the
employer towards their employees. so if there is a certain act of harassment from the side of
customers and co-workers, there is no explicit legal base which make the employer liable so that
most employers are even don't give any care for the suffer of their employees.

the employees by themselves are not free to make a complaint against the harassers , because if
they do this they might goanna loss their work and that is hard for them, so that they prefer to
remain silent.

40
even if they have a confidence to make compliance against them, some harassers may not are
regular residence or regular customer of the area. there might be no chance to get them. as a
result of this they become a victims of justice. they will have no confidence to make another
complaint for the same action. s

 different sexual harassment experience and challenges of the problems associated


and how the waiters cope with sexual harassment.

Accordingly to, Landrine and Klonoff (as cited in Rederstorff et al 2007) argue that, because
sexist events (e.g., sexual harassment) are personal attacks on one’s gender, an essential,
unchangeable characteristic of the self, they might result in increased psychological harm. Welsh
(1999) stresses sexual harassment represents a turning point in the lives of some targets, altering
their progression through life-course sequences and hindering their chances for positive work
and family outcomes. Furthermore, Hadfield (1995) maintains sex-based harassment affects
many aspects of women's lives besides the psychological harm; it can interfere with a woman's
job, by diminishing her professional credibility, by depriving her of equipment or cooperation, or
by inflicting psychological injury. It can perpetuate sexual stereotypes of women, such as
"women are primarily sex objects and not workers" and "women use sex to gain advancement in
the workplace.” It can contribute to women's diminished self-esteem and to their conception of
themselves as capable only of "women's work." It can reinforce male dominance in the
workplace. Adams Roy and Barling (1998) have also captured results victims’ manifest as
negativemood, difficulties in concentrating and elevated stress. From an
organizationalPerspective, sexual harassment is associated with job dissatisfaction,
increasedabsenteeism and turnover, and productivity losses.
This study found that the female waiters in 16 kebele experienced and challenges of sexual
harassment. They face harassment almost always. The majority of respondents which constitute
responded as they face sexual harassment every day. So sexual harassment is something ordinary
for the female waiters in study area .The major of sexual harassment experienced by female
waitress in 16 kebele is body touching. The majority of respondent were not have a strategy to
cope from sexual harassment and the result that behind. They replied as a reason it affects their
life especially their level of income and also it is not that much effective. Form this finding can
generalize that the waiters didn’t attempt to cope with sexual harassment. Some of the

41
respondents were had a strategies to cope sexual harassment. From those coping mechanism the
major taken by waiters are like as, use formal wearing system, blazer uniform and avoid closes
that pull attention of the harasser and not answering for their words. even if this mechanisms are
not sufficiently enough to stop the acts, at list waiters are trying their best to cope with the
problem not to sacrifice their work.

moreover, the societies attitudes towards sexual harassment can also be taken as a major
challenge for the waiters. during the FGI the researcher can observe that, most of the time they
consider such acts a s normal event which can happen to women's day today life. as far as female
waitress is concerned, those acts which are considered as harassment are expected in case of
serving others. the assumption is that, serving others needs an attractive appearance with a strong
compromising ability, unless the customers of that service may not be wailing to come again. as
a result, the waiters may loss their work and they might be morally damaged. fearing to this
consequence most waiters are prefer to stay there with the work.

as we seen in theoretical framework for sexual harassment, we have seen that there are lots of
justifications for females being harassed. the societies attitude towards sexual harassment
(looking it as a normal course of action), the patriarchy influence that sexual harassment as a
show up of power difference between men and women, are still reflected in this century.

42
Chapter Five
Conclusion and Recommendations

5.1 Conclusion
Sexual harassment violates a woman’s right to job security and equal opportunity. It can create
working conditions that are hazardous to the physical and psychological well-being of women
workers. It also creates a poisoned work atmosphere that can disempower and demoralize
women workers. Besides physical, psychological and social consequences of sexual harassment
at work place, the disruption of economic activities and the damage to the environment of work
as far as women are concerned has been examined.

Everyone loses when sexual harassment occurs at work place. It lowers morale and productivity
and it can result in heavy losses of revenue to the organization. Many women refrain from
complaining against the harassments, out of fear because of the stigma and suffer in silence.
Thus as a general principle, remedies and sanctions should ensure that sexual misconduct is
stopped; that its victims are adequately compensated for their financial loss and emotional injury;
and should also act as a deterrent to potential harassers, while encouraging employers to
introduce preventive policies. Statutory remedies and sanctions may be specific demands of the
harasser to stop his/her behavior or to perform any reasonable act or course of conduct to redress
any loss or damage suffered. Provisions in these remedies and sanctions can encourage
employers to introduce preventive policies and procedures for addressing sexual harassment in
their workplaces and also can allow victims to ensure that all damages including wage lose or
promotion must be remedied by employers due to failures in protecting their employees from
sexual harassment.

As we have seen in previous chapters, sexual harassment have different forms. The study shows
that, the prevalence of sexual harassment on cafeteria, hotel and bar waiters is very high. this is
because of the nature that of their work, serving others. service giving makes the service givers
vulnerable to different kind of negative feedbacks from different kinds of peoples and that will
create a sort of an uncomfortable feeling towards them.

43
The most common modes of sexual harassment experienced by most female waiters are:-
touching body parts, force kissing and insulting . In this study, the report shows that, women
faced sexual harassment everyday and some of harassers are gangsters. Beside this youths and
rich persons usually share the same act. most likely they are involved in the practice of sexual
harassment. The waiters mostly faced depressions, dismissal from work place and senses of
inferiority after they harassed. From those problems anger and senses of inferiority took the
highest ranks.

5.2 Recommendation
Once it has been found that the problem of sexual harassment against female waiters is so great,
it is very important to think the solutions that should be taken. It is believed that the following
recommendations could alleviate the un-favorable working condition in which working females
experienced challenges and repetitive sexual harassment so far.

once a certain act is considered as wrong, the next stapes shall be creating
awareness about the wrongfulness of the act, so that peoples will refrain from
doing such action. To increase the awareness about sexual harassment the
establishment of treatment institution that address this problem and gives
counseling and disseminate information is help full.
The fact that sexual harassment has psychological, social, economic and
emotional impact on the wellbeing of the victims, families and the societies at
large is not ideal. Thus, efforts should be made on the parts of concerned
government office in order to eliminate sexual harassment by formulating
different strategies.
NGOs and other voluntary organizations should design programs which are
directed to eliminate sexual harassment by creating awareness about the
problem.
Males in cafeteria are characterized as offenders of sexual harassment.
Therefore, awareness about immorality of the conducts should be given to the
them and they must assume some sort of responsibility towards the dignity
and right of those female waiters. the best way to do this is, the employers
must established terms and conditions which explain the potential procedures

44
that may taken by the entity in case of occurrence of the act and that must be
available for the stakeholders. .
Public advocacy on females or human rights association should also give
attention. Here, the media should play the major role.
Female waiters themselves should avoid unnecessary wearing styles which
pulls the harasser to harass them. here the role of employers is great, in
relation with supporting creating a suitable dressing code
The criminal justice system should adopt new laws and legal procedures to
protect the right of female waters and the labor law specifically should
address this issue in a separate framework

45
References
Asnakew T.(2014) the effectiveness of Bahir Dar universe's sexual harassment policy: a

senior essay st. marry university college, Bahir- Dar.

Dr, Philip (2014) ways of explaining sexual harassment :motivating, enabling and

legitimating processes.
Indira J. preventing and responding to violence against women: from legislation to
effective enforcement.
Laura B. and Drusila B. (2016) sexual harassment in the work place, theory, evidence and
remediation: boston
Marcia E. sexual harassment and solution for people in the work place
Pallavi K. (2017) theoretical perspectives to sexual harassment of women at work .
Romana A. and Sidra M. (2016) international laws and policies for addressing sexual
harassment in the workplace: India
sisters for change Muwnadi (2016) eliminating sexual violence against women at work
place: India
Toni H. (2015) sexual harassment in the work place : Vanderbilt university, USA and
ILAGermany.

46
Questionnaire for female waiters
Dear respondents the purpose of this questionnaire is to collect data about the lived experience of
female waiters to sexual harassment at their work place. Your information is confidential and
very private. Thank you for your voluntariness.

Instruction

1) Don’t mention your name


2) Circle your choice
3) Be faithful with your responses

1, Can you confirm your gender

Female–––––– male ––––––––––

2. Your age

15-18–––– 19-25–––––– 25-40––––––––

3. Your education level

10+1–––––––– collage/ university degree––––––––

4. Marital status

Married––––––––––– unmarried––––––––––– divorced––––––––––––

5. Have you ever personally experience sexual harassment at your work place

Yes–––––––no––––––––

6. If your answer for question Number five is yes what kind of sexual harassment you frequently
faced?

Physical––––––––––– verbal––––––––––non-verbal––––––––––––

7. How long did the behaviors is go on for?

One off––––– sporadic––––––––––– ongoing ––––––––

8. is the behaviors rare of occurred some -times or common?

Rare––––––– sometime––––––––– common–––––––––

9. Fromwhomyou mostly faced the behaviors?

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From co-workers––––––– from the manager/ owner––––– from customer from all––––

10. Did you seek any support or advice about this harassment that happened to you?

Yes–––––– no––––

11. If your answer for question number 10 is yes who did you seek assistance/ advice from?

Friends or family––––––––––
Manager/ superior at work–––––––––––
Employer/boss/––––––––––––
Gender officer––––––––
A lawyer or legal service––––––
The police–––––––––––

12. Did you formally report or make acompliant about the harassment to any one?

Yes–––––––––––no–––––

13. Who did you report the incident to?

Manager/ superior at work––––––––––––––––


Employer/boss/––––––––––––
Gender officer––––––––––––––––
A lawyer or legal service–––––––––––

14. If your answer for question number 12 is no why did you not seek support or make a
compliant?

Because am not aware of the compliant process––––––––––


Family /friends/ or co-workers advise me not to compliant–––––––
Fear of consequence for me––––––––
Not to loss tips for the interest of customers –––––––
Took care of problem my-self ––––––
Not serious enough –––––––––––

15. Is there kind of work police under your organization or firm?

Yes–––––––no––––––––––––

16. Ifyour answer for question number 15 is yes,does the police suggest prohibition of sexual
harassment?

Yes––––––––––––no –––––––––––––

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How––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––.

Discussion issues
1) What are the positive and negative work place consequences for you, if you complain
sexual harassment acts?
2) Have you been aware of sexual harassment happened to someone else in your current
work place?
3) Did you take any action after witnessing this?
4) Is there any consequences following your action?

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Interview ideas
1) How do you perceive sexual harassment by women at their work place?
2) What do you think about more venerability of women specially waiters for sexually
harass behaviors and why they are more venerable then men?
3) Have you even notice such kind of behaviors by your way?
4) Who do you think is responsible for those behaviors and their consequences on women?

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