Author
Asst Prof Jin Zhao
Organisation/Institution
Capital University of Economics and Business Law School
Country
CHINA
Panel
Women and Law
Title
Sexual Harassment in the Workplace: Tort or Discrimination?
Abstract
Paragraph 1010 of the Chinese civil code (CVC) prohibits sexual harassment and is considered a remarkable achievement for women’s rights in China. The prevailing approach characterizes sexual harassment as an individual tort. Yet, a comprehensive examination suggests that the effects of the CVC demonstrate the inadequacy of the tort approach. It places an undue burden of proof on the victim and often results in victim blaming. Most importantly, it fails to adequately define the scope of the employer’s obligation and legal liability. This failure can aggravate gender segregation in the workplace even further, which in turn increases the likelihood of sexual abuse. This article explores the meaning of gender discrimination and offers a more nuanced understanding of sexual harassment. Sexual harassment in the workplace constitutes discrimination due to its disparate impact on women. It is argued that, although imperfect, anti-discrimination laws more adequately address the prevention of sexual harassment. The author suggests that the best approach is a hybrid formulation that exists between anti-discrimination law and tort law.
Biography
I have been an Assistant Professor in the Faculty of Law at the Capital University of Economics and Business (CUEB) since 2021. I hold academic qualifications from the East China University of Politics and Law (LL.B.), China University of Politics and Law (LL.M.) and Humboldt University of Berlin (Ph.D.). I passed the Chinese National Professional Legal Exam in 2009. My principal research expertise is in Employment Law and Anti-discrimination Law. I am also interested in exploring issues which emerge in these areas from doctrinal, historical and comparative perspectives. My work has been published in both Germany and China.
