Research of Corporate Liability for Sexual Harassment in the Workplace

DOI

10.2991/978-2-38476-253-8_19How to use a DOI?

Keywords

sexual harassment in the workplace; corporate responsibility; corporate Compliance

Abstract

Numerous cases of sexual harassment in the workplace have occurred frequently in recent years. While companies’ active prevention of it isn’t merely a fulfillment for its obligation to the compliance that against sexual harassment, but also an effective mean of defending its reputation. However, there is still a blank space in the attribution and compliance of corporate liability for such situations. Therefore, this article basically focuses on newly revised “Company Law”, combining “Civil Code” and other regulations, to explore the liability that companies should take in the relevant issue. This paper is divided into five parts. In the first part, the author introduces the purpose and significance of the study. In the second part, the author argues the legitimacy of companies’ relevant responsibility from three standards as followed. Firstly, in the traditional field of civil law, especially in the field of personality right rules, companies has to bear legal liability. Moreover, in the perspective of corporate compliance, the emergence of sexual harassment in the workplace is a manifestation of non-compliance in companies’ internal control. Thus, the company should be held liable. Last, in the perspective of company law, workplace sexual harassment is regarded as a behavior from company executives that violates the duty of loyalty. As a result, the company needs to take certain responsibility for it. In the third part, according to current legislation, the author proposes some recommendations for improving the compliance system against sexual harassment in the workplace, including: enhancing companies’ internal policy, establishing the company’s relief system, and clarifying relevant penalties. In the fourth part, a conclusion is summarized.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Qiyan Cong
PY  - 2024
DA  - 2024/05/28
TI  - Research of Corporate Liability for Sexual Harassment in the Workplace
BT  - Proceedings of the 2024 3rd International Conference on Humanities, Wisdom Education and Service Management (HWESM 2024)
PB  - Atlantis Press
SP  - 150
EP  - 157
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-253-8_19
DO  - 10.2991/978-2-38476-253-8_19
ID  - Cong2024
ER  -