What is sexual harassment?

Sexual harassment is unwanted abusive conduct of a sexual nature, whether verbal, written or physical, directed at a person. T he purpose or effect of conduct is to undermine the dignity of a person by creating an intimidating, hostile, degrading or offensive environment.

What is harassment?

Harassment of a person does not necessarily have to be of a sexual nature. Harassment occurs when unwanted, offensive, and humiliating treatment is directed at a person because of that person’s gender, age, disability, nationality or any other characteristic of personal identity. The purpose or effect of such conduct is to violate the dignity of a person and to create an intimidating, hostile, degrading or offensive environment.

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The main characteristic of sexual harassment, and harrasment in general, is that the behaviour is unwanted by the person experiencing it. _______________________________________________________________________________________________

What to do if you experience sexual harassment?

Taking personal action to defend yourself

Personal efforts may not always stop harassment, but they can make a difference, especially if you decide to take other actions later. What can you do?

• First, express that the behaviour is unwanted by verbally stating that the communication, behaviour, comment, or other action is unacceptable and that you do not like it. The harasser may not realise that the comments, remarks, jokes, or insinuations are offensive, humiliating, or make you feel uncomfortable.
• Ask the harasser to stop. You can invite a colleague, a classmate/coursemate or other people you trust to talk to the harasser. This will also provide you with a witness.
• Speak in a calm, confident, and assertive tone.
• You can write to the harasser. Be clear and specific about how you feel about the harasser’s behaviour as well as when and where you were treated inappropriately. It is important not to exaggerate, not to be overly emotional, and not to analyse the motives or feelings behind the behaviour. Remember to keep a copy of your letter, preferably outside the workplace.
• Don’t give the harasser any more opportunities to bother you. If necessary, reiterate the unacceptability of the behaviour.
• Give a warning that if the harassment does not stop, you will report it to their manager or supervisor.
• Tell someone else about the behaviour: a colleague, member of staff or fellow student. It may be useful to have witnesses and people who know about the situation later.

Record and collect evidence

If you are considering acting against a harasser, it is very important to keep as much evidence as possible.

• Keep all messages, conversations, and letters that prove the harassment as well as gifts, photos, drawings, and other material you receive from the harasser.
• Note the date, time and frequency of calls and messages received.
• Record conversations.
• Keep a diary. Try to keep a detailed record of each incident. If you are writing by hand, number the pages so that no one can attach, tear out, or switch out pages. Keep your notes out of the workplace. It is important to write and record the following information:
  • Date, place, and details of the incidents, words spoken, gestures made, or actions taken by the harasser.
  • The circumstances and number of times you have been harassed.
  • Names of people who can testify on your behalf.
  • Your emotional and physical reactions during and after the harassment.
• Describe the actions you took to stop the harassment. Write down all the important details – when and how you spoke to the harasser or made them aware of the undesirability of their actions, who you spoke to about it, when you told your manager, in what way, etc.
• Note any meetings with a psychologist and doctor or other professional(s) if you have sought help.

Avoid one-on-one and face-to-face meetings with the harasser

Try not to meet the harasser alone and do not attend meetings where only the two of you are present.

Reporting it to your higher-ups

Tell your manager or supervisor if you are being harassed by a colleague or classmate/coursemate. Both employers and supervisors within educational institutions must take actions to ensure that the employees or people studying at the institution are not subjected to sexual harassment or other harassment based on the person’s sex, disability, age, and other grounds provided for in the Law on Equal Opportunities.

Informing the relevant authorities

If you are being harassed by a manager or supervisor, report the behaviour to the relevant authorities. For example, if a school principal is harassing you, report his or her behaviour to the municipal administration, or if the head of a public institution is harassing you, report it to the relevant governmental institution and its representatives.

If you have contacted the person responsible and have not received any help, you should contact the Office of the Equal Opportunities Ombudsperson. If you are unsure whether what you have experienced constitutes sexual harassment, you should contact the Office’s staff for a consultation.

Non-governmental organisations working in the field of gender equality can also be consulted regarding sexual harassment.

Actions to be taken by the workplace to address the situation

• Strengthening a culture of zero tolerance for sexual, gender-based, and other forms of harassment based on personal characteristics. This can include improving employees’ ability to recognise and respond to harassment, providing training, and implementing equal opportunity policies.
• Taking all reports of possible harassment seriously, acting immediately to investigate, and offering support and encouragement to those who come forward.
• Ensuring anonymous reporting options for sexual harassment and abuse.

To prevent sexual and other identity-based harassment, all employees should be aware of what behaviour is considered inappropriate in the workplace. The workplace should have clear anti-harassment rules and policies, introduce all employees to them, and provide regular training on this subject.

What if I witness sexual harassment?

If you suspect or witness sexual harassment, it is crucial to address the situation and not turn a blind eye.

• Talk to the person being sexually harassed. Ask how the person feels, show them your support, and disapproval of the harasser’s actions.
• Advise the person to report the harassment to their manager, supervisor or other responsible persons.
• Note any relevant information about the harasser’s actions: date, time, place, and circumstances. This information can be very useful if the harassed person decides to report the situation. Your statement can be crucial.
• If the harassed colleague does not want to report the harassment, you can do so. Before taking action, it is essential to carefully consider how to avoid causing further harm to the victim.
• Follow up on how the situation is being addressed. If you have reported harassment but no action has been taken, do not hesitate to escalate the matter to higher management or report it to the appropriate authorities.

Legal Regulation in Lithuania and Consequences of Sexual Harassment

The Law on Equal Opportunities for Women and Men and the Law on Equal Opportunities in Lithuania stipulate that employers, educational institutions, and research organisations must ensure that employees, pupils, and students are not subjected to sexual harassment. Additionally, the Law on Equal Opportunities mandates that sellers of goods and service providers must prevent sexual harassment towards consumers.

Under equal opportunity laws, the burden of proof lies with the accused. This means that the accused must demonstrate that they did not perpetrate sexual harassment against the person who reported the behaviour.

Employers are obligated to ensure that employees do not experience sexual harassment in the workplace. If harassment occurs, the employer has the right to dismiss the offender without notice or severance pay.

A person found guilty of sexual harassment can face criminal liability if the harassment was directed at a subordinate. Penalties may include a fine, incarceration, or arrest.

If the victim of sexual harassment initiates a civil lawsuit, the perpetrator may be required to compensate for both material and non-material damages.