America american women in workplace intimidating


21-Jan-2018 13:13

Alvaro González-Schiaffino and Jorge De Presno, partners at Basham, Ringe y Correa, Eduardo Juan Viñales of Funes de Rioja & Asociados, Enrique Munita, of Munita, Olavarria & Saez, José Antonio Valdez from Estudio Olaechea, and José Carlos Wahle from Veirano Advogados explain what this means for companies in their jurisdictions.All the firms are members of Ius Laboris, the world’s largest labour and employment law firm alliance.Diligence and continuous education are instrumental for the avoidance of any corporate liability.Hotlines and independent investigations are also essential measures to deliver the message that the company will not tolerate harassment.The company has a duty to provide its employees with a harassment-free workplace.Accordingly, it must orient, supervise and discipline its employees to secure compliance with the labour laws.Alternatively, they are integrated into labour and employment laws or into specific regulations which protect against such violence.Sexual harassment typically involves a pattern of behaviour.

Damages vary according to the circumstances and are usually between US,000 and US0,000.It can also take the form of a single incident involving a wide range of behaviours, from glances and rude jokes to demeaning comments based on gender stereotypes and even sexual assault and other acts of physical violence.Although the legal definition varies from country to country, a comprehensive definition considers sexual harassment as any unwelcome sexual advance, request for sexual favours, verbal or physical conduct or gesture of a sexual nature, as well as any other behaviour of a sexual nature that might reasonably be expected or be perceived to cause offense or humiliation to another.This type of harassment creates an intimidating, hostile, or offensive work environment.

Local GCs must therefore ensure their companies are implementing the necessary measures to prevent and remedy sexual harassment in the workplace and ensure these are in line with country-specific sexual harassment provisions.

Despite this, Argentina has signed several international treaties, such as the Convention on elimination of all forms of discrimination against women (CEDAW), the Convention to erase and punish all kinds of violence against women and the declaration of elimination of all violence against women, which was adopted by the General Assembly of the United Nations.