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目前，工作场所的性骚扰主要以法律的形式被对待，而忽视了解决这一问题的其他方法的结合，如忽视企业雇主和管理者在处理性骚扰时的责任，不注意通过改变社会态度和文化来解决问题。自然视角（Hutagalong和Ishak，2012年）。同时，从法律的角度考虑，在解决性骚扰问题上，仍然存在着一些问题和困难，如界定性骚扰行为的界限模糊、工作场所性骚扰的形式、行为在多大程度上被界定为性骚扰并应承担法律责任等。等等，等等。
Sexual harassment in the workplace is now being treated primarily in the form of law, while ignoring the combination of other methods to solve this problem, such as neglecting the responsibility of corporate employers and managers in dealing with sexual harassment, and paying no attention to solving the problem by changing social attitudes and cultural perspectives (Hutagalung and Ishak, 2012). At the same time, considering from a legal point of view, in the settlement of sexual harassment, there are still some problems and difficulties, such as blurred boundaries in defining sexual harassment behavior, forms of sexual harassment in the workplace, to what extent a behavior is defined as sexual harassment and should take legal responsibility, and so on.
工作场所性骚扰的构成要素有三个（李、陈、吕、邱，2016）。首先，骚扰违背了受害者的意愿。犯罪人所实施的行为必须排除在外，不受受害人的欢迎，对受害人没有明确的拒绝话语或行为要求，更是从主观的态度来阐述厌恶等类似的态度。其次，骚扰表现为与性直接相关的行为。这里的直接行为应包括刑法中定义的“淫秽”和“强奸”行为，以及更微妙的灵活、含蓄的伤害。第三，骚扰发生在工作场所或履行职责期间。主要表现在演员可以利用自己的地位或其他手段强迫受害人忍受性骚扰行为。
There are three elements constituting sexual harassment in the workplace (Li, Chen, Lyu and Qiu, 2016). First, the harassment violates the victim’s wishes. The behavior that the perpetrator implements must be excluded, unwelcome by the victim, there is no request to the victim’ explicit rejection word or behavior, it is more from the subjective attitude to elaborate disgusting and other similar attitude. Second, harassment is manifested as a behavior that is directly related to sexuality. The direct acts here shall include acts of "obscenity" and "rape" defined in criminal laws, as well as a more subtle degree of flexible, implicit injury. Third, harassment takes place in the workplace or during the performance of duties. It is mainly reflected in that an actor can take advantage of its position or other methods to force a victim endure such acts of sexual harassment.
本文认为，性骚扰在我国社会中仍然普遍存在，除了法律上存在漏洞外，更主要的原因是性骚扰本身的行为大多是隐藏的，难以发现，再加上性骚扰发生在工作场所，而且经常发生在雇主身上。-员工关系，使情况变得更加复杂（Hutagalong和Ishak，2012年）。处于弱势地位的受害者可能由于工作机会、工资、未来发展等原因选择忍让，默默忍受，也可能害怕开启自己的经历，因为他们害怕自己的私生活会因此受到批评。In this reflection paper, the author believes that sexual harassment is still prevalent in our society, in addition to the existence of loopholes in the laws, it is more because the behavior of sexual harassment itself is mostly hidden and difficult to be found, coupled with that it happens in the workplace and it is often involved in an employer-employee relationship, making the situation become more complex (Hutagalung and Ishak, 2012). Victims in a weak position may be due to job opportunities, wages, future development and other reasons to choose to forbear, silently endure, they may also be afraid of opening their own experience because they fear of that their private life will be criticized because of that.
To deal with sexual harassment happening in the workplace, first of all, enterprises have the responsibility to prevent sexual harassment in hiring management, they have the obligation to establish a department to listen to staff complaints and give proper resolutions. Then, when there is an employee suffering sexual harassment and choosing to expose the acts, management of the enterprise should ensure that the victim will not be subject to any harm to her interests again, such as facing difficulties in her work, negatively affecting her promotion and salary increase, or even being forced to resign and so on. Finally, due to the influence of the traditional concept, women in a society are still in a relatively weak position, some women choose to silence after being subjected to sexual harassment, it should strengthen the social and cultural propaganda to change this concept (Page and Pina, 2015), while paying attention to the roles of social groups in ensuring women's rights.
References
Hutagalung, F. and Ishak, Z. (2012). Sexual harassment: a predictor to job satisfaction and work stress among women employees. Procedia - Social and Behavioral Sciences, 65(3), 723-730.
Li, Y., Chen, M., Lyu, Y. and Qiu, C. (2016). Sexual harassment and proactive customer service performance: The roles of job engagement and sensitivity to interpersonal mistreatment. International Journal of Hospitality Management, 54(4), 116-126.
Page, T. E. and Pina, A. (2015). Moral disengagement as a self-regulatory process in sexual harassment perpetration at work: a preliminary conceptualization. Aggression and Violent Behavior, 21(3-4), 73-84.
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