Say "No" to Sexual Harassment
Sexual harassment is not a joke.
Sexual harassment – whether intentional or unintentional – has a serious negative impact on both individuals and organisations.
For individuals, sexual harassment can adversely affect both physical and psychological well-being, strain interpersonal relationships, and impede educational or career advancement. For organisations, it can lead to diminished employee morale and reduced productivity. Moreover, companies may confront legal action stemming from incidents of sexual harassment involving their staff.
This page aims to provide the public with essential information about sexual harassment, helping society understand this behaviour, the legal protections available, and the channels through which those affected can take necessary precautions.
The Equal Opportunities Commission is dedicated to collaborating with all sectors of the community to create a safe, harassment-free environment in which all individuals have equal opportunities, dignity, and rights.
Let’s work together to put an end to sexual harassment!
What is sexual harassment?
The Sex Discrimination Ordinance defines two forms of sexual harassment:
1. Unwelcome sexual conduct targeting at a person
Engaging in the conduct of a sexual nature in relation person, where the conduct:
- is unwelcome to that person;
- include making a sexual advance or a request for sexual favours to the person; and
- a reasonable third person, having regard to all the circumstances, would have anticipated that the person would be offended, humiliated or intimidated by the conduct
2. Sexual conduct creating a sexually hostile or intimidating environment
Engaging in the conduct of a sexual nature, where the conduct:
- does not have to be directed at a person;
- can be committed alone or together with others; and
- creates a hostile or intimidating environment for another person.
Examples of Actions that May Constitute Sexual Harassment Targeting at a Specific Person
- Unwelcome physical contact or actions toward a colleague (for example, deliberately rubbing up against someone’s body, kissing, hugging, etc.).
- Make unwelcome sexual advances to a classmate.
- Restaurant diner comments on the waiter’s figure.
- Students constantly ask or insinuate about the teacher’s sex life.
- Volunteer emails some objectionable and sexually suggestive material to an agency staff.
- Take secret photos of a client’s breasts and private parts with a mobile phone.
Examples of Actions that May Create a Sexually Hostile Environment
- Interns and colleagues chat about dirty jokes in the company lobby.
- Company employees browse pornographic websites in the office.
- Student uses indecent photos as computer desktop background on campus.
- Volunteer talks about personal sex life in an agency group chat.
Under the Sex Discrimination Ordinance, is sexual harassment prohibited under all environments?
No, sections on sexual harassment only apply to key areas of public life, such as:
- Employment
For example, employers, employees, job applicants, contractual workers, foreign domestic helpers, etc. - Common workplaces
For example, people working in the same office or a common workplace (including volunteers and interns). - Education
For example, between students and teachers, among students. - Provision of goods, facilities or services
For example, between shopkeepers and customers. - Participation in clubs
For example, between club management and members. - Disposal or management of premises
For example, between owners of premises and tenants.
Sexual harassment is unlawful when it occurs in any of these areas and between persons in any of the relationships covered by the law.
What is not considered as sexual harassment?
Interaction of a sexual nature, flirtation, attraction or friendship which is invited, mutual, consensual and reciprocated is not sexual harassment.
Does sexual harassment only happen to female?
No, sexual harassment happens regardless of gender.
In what forms does sexual harassment usually take place?
Sexual harassment can involve physical, visual, verbal or non-verbal conduct of a sexual nature which is uninvited and unwelcome.
What can you do if you are sexually harassed?
- Speak up and say “no” to the harasser.
- Keep a written record of the incidents, including the dates, time, location, nature (what the harasser has said or done) and your response and feelings, etc.
- Report the incident to your supervisor / school if it happened at your workplace / on campus.
- File a written complaint with the Equal Opportunities Commission or institute legal proceedings at the District Court.
- Report to the police if the incident involves criminal elements.
- Seek help from related organisations.