The Persistent Challenge of Workplace Sexual Harassment in Asia
In 2017, Uber, one of Asia’s largest companies, faced a global outrage when then-CEO Travis Kalanick was forced to resign following widespread sexual harassment allegations. In a detailed blog post, Susan Fowler, a former Uber engineer, described Uber as a workplace where sexual harassment was rampant, complaints were ignored, and HR failed to respond. The affair not only led to radical changes in Uber’s leadership but also sparked a global debate about sexual harassment in the workplace. This problem remains particularly acute in Asia.
Despite growing awareness, sexual harassment in the workplace is still widespread across the continent in all sectors, positions and industries. The challenge is often compounded by the deeply rooted cultural patriarchy of the corporate world, a weak regulatory framework and, in some cases, the negative stigma associated with reporting harassment.
The scale of the problem in Asia
Sexual harassment in the workplace is a major problem in Asia, where a large number of women continue to face inappropriate behaviour in their professional environment. A 2021 study by UN Women found that one in five women in Asia and the Pacific has experienced sexual harassment in the workplace. The figure is even higher in some countries, such as Japan, with estimates reaching 30% of all women. Despite these alarming figures, most cases are not reported due to fear of reprisals, career loss or the belief that reporting will not yield results.
In India, for example, the National Crime Records Bureau reported that cases of workplace harassment increased by more than 50% between 2018 and 2022. While this reflects a greater awareness and willingness to report incidents, it also highlights the persistence of the problem.
Legal frameworks: a comparative view
Several Asian countries have introduced specific laws to combat sexual harassment in the workplace, but the level of enforcement and the extent of protection vary significantly.
India
India has been at the forefront of addressing sexual harassment in the workplace with the Sexual Harassment of Women (Prevention, Prohibition and Redress) Act of 2013, commonly known as the POSH Act. The law requires all companies with more than ten employees to establish an internal complaints committee to investigate and handle complaints. Despite this, the effectiveness of the law is often hindered by social taboos and fear of reprisal. According to a 2022 survey, more than 70% of Indian women working in the private and informal sectors have not received any training on the POSH Act.
Japan
The Equal Employment Opportunity Law requires employers to prevent harassment in the workplace, including sexual harassment. However, cultural norms of silence around gender issues and insufficient sanctions for non-compliance make it difficult for women to report cases. A 2020 study by the Japan Institute for Labor Policy and Training found that more than 40% of Japanese women have experienced harassment in the workplace, but only 10% reported the problem.
China
Chinese legal provisions on sexual harassment are fragmented. Under the Civil Code of the People’s Republic of China, individuals may file sexual harassment complaints at work. However, the law is not very specific about the preventive measures that companies must take. A 2018 study by the Guangzhou Gender and Sexuality Education Center found that nearly 80% of Chinese women had experienced sexual harassment in the workplace. Still, few had reported these incidents due to a lack of strong protection mechanisms.
South Korea
South Korea passed the Protection of Gender Equality in Employment Act in 1999, later amended to strengthen protection against sexual harassment. Companies are required to provide annual on-the-job training. However, reporting sexual harassment remains taboo, and victims often face serious consequences. Despite the legal framework, a 2019 study found that 48.6% of employed women in South Korea have experienced sexual harassment at work, with many incidents not being reported for fear of social stigma.
The role of companies and institutions
A 2020 Deloitte study found that 65% of companies in India and Southeast Asia did not provide adequate sexual harassment training to their employees. In addition, companies often focus on protecting their reputation rather than providing justice for victims. The Uber case is an example of a company that neglected these responsibilities until public disclosure forced a change of direction.
Multinational companies with offices in Asia face the challenge of balancing legal compliance with cultural sensitivity. Many global companies, like Google and Microsoft, have strict anti-harassment policies, including anonymous reporting mechanisms and transparent investigation procedures. These efforts highlight the importance of fostering a safe and open work environment, especially in regions where women do not feel empowered to speak up.
Steps towards change
Despite the difficulties, progress has been made. Social movements like #MeToo take root in Asia, including India, South Korea and Japan. These movements led to greater awareness of women’s rights in the workplace and encouraged more women to come forward.
In conclusion, the problem is not just on the surface but deeply rooted in the culture, backed by evidence from throughout the continent. Without proper measures, this problem might build up and one day explode into something that cannot be controlled.
