MBA Essay怎么写：Safeguards Against Sexual Abuse of Female Workers in MNCs

本文是MBA专业的留学生Essay范例，题目是“Safeguards Against Sexual Abuse of Female Workers in MNCs（防止跨国公司女员工性虐待的保障措施）”,全球著名的#MeToo运动引起了人们对女性在工作或公共场合遭受的性骚扰及其对女性生活的影响的关注。研究表明，职场性骚扰普遍存在，比例为6/8:10。性骚扰给女性的工作和个人生活带来了严重的后果。目标女性会经历身体、精神和情感问题，职业中断，以及在职业生涯中缺乏工作和进步的动力。与此同时，性骚扰会导致挫败感，从而对女性造成影响，限制她们进入高薪职业，从而限制她们作为个人的成长。

Introduction介绍

The famous #MeToo movement across the globe has raised concerns over the sexual harassment against women at work or publicly and the effect it has on women's lives. Studies show that workplace sexual harassment is widespread as the ratio is 6/8 to 10. Sexual harassment brings serious consequences for women at work and in their personal lives. Targeted women experience physical, mental, and emotional problems, career breaks, and lack of motivation to work and progress in their careers. Along with this, sexual harassment leads to discouragement that creates such an impact on women that restricts them from advancing into higher paid careers and hence limits their growth as an individual.

This paper researches the current literature on sexual harassment on women, assault, and difficult working conditions, the laws applicable to deal with those incidents, safeguards, and remedies executed by multinational corporations to protect women through workplace abuse and harassment.

Sexual Harassment and Assault - Definition and Reporting性骚扰和性侵犯-定义和报告

The United States' Department of Justice defines sexual assault as a form of the non-consensual sexual act when the victim or the target lacks the consenting capacity (Feldblum & Lipnic, 2016; 2). Sexual harassment is a criminal offense, but the Office of Violence against Women under the Department of Justice also recognizes sexual harassment as a means of discriminating employment. Sexual or Gender-based harassment is considered discrimination in terms of human rights legislation. Sexual abuse involves unwanted, non-consensual, and any form of verbal behavior that offends or humiliates another gender, in this case, Women. Human rights legislation across the globe defined sexual harassment as a form of engaging in conduct or vexatious comments being passed on to the opposite gender which is out to be known as unwelcome.

美国司法部将性侵犯定义为一种非自愿性行为，即受害者或目标缺乏自愿性能力(Feldblum & Lipnic, 2016;2)性骚扰是一种刑事犯罪，但司法部下属的暴力侵害妇女办公室也承认性骚扰是一种歧视就业的手段。根据人权立法，性或基于性别的骚扰被视为歧视。性虐待包括不必要的，非自愿的，以及任何形式的言语行为，冒犯或羞辱另一个性别，在这种情况下，女性。世界各地的人权立法都将性骚扰定义为一种向异性传递行为或无理评论的形式，这种行为被认为是不受欢迎的。

According to Keplinger, Johnson & Barnes (2019), sexual harassment has been a prominent part of the workplace environment since women started to get into a professional environment by leaving their comfort zones. The true historical stats do not exist as such, but large scale surveys to date of working women indicate that every 1 in 2 women will be harassed at some point in their working or academic lives (Mateo & Menza, 2017). The author further explains that sexual harassment is degrading, mentally disturbing, and physically violent that may lead to health-related, psychological, and job-related consequences. Over the last few years, sexual harassment awareness and mistreatment of women in the workplace have grown incredibly.

Sexual violence is considered sex discrimination that usually combines various elements, ranging from physical and psychological abuse, along with some unpleasant remarks or jokes thrown at the opposite gender. The Committee of Experts on the Application of Convention and Recommendations (CEARC) categorizes workplace sexual harassment as a "quid pro quo" and "hostile working environment" based on the survey carried out to define sexual harassment by regions. The survey generated results for 65 countries, out of which 31 countries. i.e., 48% defines sexual harassment as a combination of a hostile working environment and quid pro sexual harassment as shown below:

Addressing Violence and Sexual Harassment against Women解决针对妇女的暴力和性骚扰问题

Approximately 80% of the women in the United States report sexual violence and abuse at their workplace (Cortina & Berdahl, 2008). Sexual harassment has largely been categorized as a women's issue. This doesn't mean that men are not subject to sexual violence. But, as the U.S. Equal Employment Opportunity Commission (2016) says, men are sexually abused less frequently as compared to women and thus they have lower experiences of sexual harassment.

在美国，大约80%的女性报告在工作场所遭受性暴力和虐待(Cortina & Berdahl, 2008)。性骚扰在很大程度上被归类为女性问题。这并不意味着男性不会遭受性暴力。但是，正如美国平等就业机会委员会(2016)所言，与女性相比，男性遭受性虐待的频率更低，因此他们遭受性骚扰的经历也更少。

The United States' Equal Employment Opportunity Commission, i.e EEOC defined sexual harassment as an unwelcome sexual act made towards women or men. This not only creates a safe working environment but also a hostile atmosphere. Less than half the percentages of women who experience sexual harassment never really report it. Various reasons exist, for not reporting sexual abuse, ranging from threats to self-esteem, lack of confidence in protective laws for women at work, risk of victimization, and fear of losing jobs and not able to get jobs in the future. The Stigma theory captures these fears. The theory explains that individuals avoid sharing their stigmas due to shame, fear, negative judgment, and lack of confidence that leads to self-doubt and hence they refrain from reporting sexual harassment and similar violence (International Labour Office, 2018).

An Introduction to Human Rights人权概论

The UN Women organization also examined the relationship between gender-based violence and the workplace (ICPD Task Force, 2013). The United Nations' Women wing administers the Global database that keeps records of violence against Women. It also collects information on regulations, laws, and other measures taken by government authorities to address all forms of violence against women. Along with this, a UN woman also has a UN Trust Fund to end Violence against women in the workplace and in every other walk of life. The UN Women Trust has supported over 400 multinational organizations over the last two decades by focusing on violence prevention, implementation of laws and policies, and improving access to services for the sexual harassment survivors.

联合国妇女组织还研究了基于性别的暴力与工作场所之间的关系(人发会议工作队，2013年)。联合国妇女部门管理着全球数据库，该数据库保存着针对妇女的暴力行为记录。它还收集有关政府当局为处理对妇女的一切形式暴力行为而采取的法规、法律和其他措施的资料。与此同时，一名联合国妇女还设立了一个联合国信托基金，以终止工作场所和其他各行各业对妇女的暴力行为。联合国妇女信托基金在过去20年里支持了400多个跨国组织，重点关注暴力预防、法律和政策的实施以及改善性骚扰幸存者获得服务的机会。

Various initiatives have been taken globally and at an international level by trade unions and employers' federations to deal with violence and harassment at the workplace. The International Trade Union, i.e. ITU have issued a mandate to deal with sexual violence at the workplace in 2008 (International Trade Union, 2008). Along with this, the IOE i.e., International Organisation of Employers addressed the sexual harassment issue in their brief policy that outlines the fact that workplace violence is not only a human right issue but extends its footprints to an economic front as well as it not only disturbs the victim physically and mentally, but also impairs productivity, employee turnover, accidents, and also results in hampering job performance. a survey done by World Bank in 2015 showed that 114 out of 173 countries had some form of legislation regulating sexual harassment at the workplace in one way or another. Out of the 8- countries under investigation, 65 countries, i.e. about 81% regulates sexual harassment at work as shown below:

The few key components of any legislation to deal with sexual harassment at the workplace should include protection against victimization, a detailed explanation of sexual harassment including the prohibited conduct, and an establishment of the administrative body to handle all the complaints and promote the law and its application. The next few paragraphs will discuss some of the core international human rights instruments and their monitoring bodies. Following this, the next section will cover some of the effective safeguards and policies implemented by multinational companies to deal with routine sexual harassment, physical and sexual abuse of female workers.

The Core International Human Rights' Instruments核心国际人权文书

This section will discuss a few of the core international human rights instruments. Each of these instruments was established and is monitored by a committee of experts that monitor the treaties' implementation and regulates the laws associated with it. One of the most common Instruments in regards to the International Human Rights is the International Convention of the Elimination of all Forms of Racial Discrimination, i.e. (ICERD). The convention was established in 1965 and focuses on eliminating racial discrimination and also focuses on promoting safeguards against sexual discrimination. This treaty encourages the freedom of right given to every individual irrespective of sex, religion, or culture (International Convention on the Elimination of All Forms of Racial Discrimination, 2019).

本节将讨论一些核心的国际人权文书。这些文书都是由一个专家委员会制定和监督的，该委员会负责监测条约的执行情况并规范与条约有关的法律。在国际人权方面，最常见的文书之一是《消除一切形式种族歧视国际公约》，即《消除种族歧视国际公约》。该公约成立于1965年，重点是消除种族歧视，也重点是促进防止性别歧视的保障措施。该条约鼓励给予每个人权利自由，而不论其性别、宗教或文化(《消除一切形式种族歧视国际公约》，2019年)。

Another Instrument is the Convention of the Elimination of all forms of discrimination against Women, i.e. CEDAW which was established on 18th December 1979 (Convention on the Elimination of All Forms of Discrimination against Women, 2019). The treaty was adopted by the UN in 1979 and entered into force in 1981. Around 100 nations agreed to be bound by its provisions by the 10th anniversary of the treaty. This convention was established as a result of continuous hard work of 30 years by the UN Commission on Women Status (an individual independent body to monitor and govern women's rights). This convention brings the women rights as a focus of human rights and explains the equality of rights for both men and women. This convention plays an important role in women's rights in the workplace as it not only establishes the international bill of rights for women but also sets an agenda for action by the countries to guarantee those rights are never exploited.

The next few sections will discuss the current policies that exist in the workplace to safeguard women's' rights against sexual harassment, physical and sexual abuse. Discrimination, equality, and human rights protection are closely related to each other.

Quick Take on Sexual Discrimination and Harassment快速了解性别歧视和性骚扰

The UN's Convention on the Elimination of all Forms of Discrimination against Women defined sexual harassment of women as a way of sexual advances made, including physical contact against the consent of the victim, in this case, women. This form of conduct is usually humiliating and constitutes a health and safety concern for women in the workplace. The laws and definitions in place to deal with sexual harassment across the globe varies by different countries.

联合国《消除对妇女一切形式歧视公约》将性骚扰定义为一种对妇女的性侵犯方式，包括不经受害者(本案中为妇女)同意而进行的身体接触。这种形式的行为通常是侮辱性的，并对工作场所妇女的健康和安全造成了影响。全球各地应对性骚扰的法律和定义因国家而异。

In Australia, the Sex Discrimination Act makes sexual harassment and physical abuse illegal. It also prohibits sex discrimination, along with discrimination based on family status, relationship status, or type of work (Australian Human Rights Commission, 2012).

According to a report published by the Australian Human Rights Commission, almost 49% of working women, especially mothers, experience sexual harassment at the workplace. Out of these, 32% resigned and moved to a different job (Australian Human Rights Commission, 2012).

In Canada, 3 out of 10 Canadians experienced sexual harassment at the workplace out of which 43% were women (Canadian Human Rights Commission's, 2016).

Sex Discrimination is strictly prohibited in the European Union Nations. The EU protects women from gender-based violence through legislation, popularly known as EU Directive. The EU directive laid out the framework through which women are entitled to specialized support who have been subjected to sexual violence and abuse (European Commission, 2019).

India's constitution prohibits sex discrimination, along with its law passed to ban sexual harassment and violence at the workplace in 2013 (Ministry of Women and Child Development, 2019).

One in four women is subjected to sexual violence in the Workplace in the United States of America. The Civil Rights Act (1964) prohibits employment discrimination on the basis of color, race, origin, culture, sex, or ethnicity (Gramlich, 2017).

Safeguards against Sexual Harassment - View from Multinational Companies防止性骚扰的保障措施-来自跨国公司的观点

The World Bank addresses violence against women by investing in measures, research, learning, policies, and collaborating with stakeholders around the world. The World Bank has engaged with countries across the globe and partnered with various stakeholders since 2003 to support projects that invest in safeguarding women at the workplace against sexual abuse, harassment, and violence.

世界银行通过投资于措施、研究、学习和政策，并与世界各地的利益攸关方合作，解决针对妇女的暴力行为问题。自2003年以来，世界银行一直与全球各国开展合作，并与各利益攸关方合作，支持投资于保护工作场所妇女免受性虐待、骚扰和暴力的项目。

The World Bank supports over $300 million in standalone and group projects that aim at dealing with gender-based violence at the workplace. Along with this, the World Bank launched the Global Gender-Based Violence Task Force in October 2016 to strengthen the efforts of preventing sexual harassment at the workplace by using the Good Practice Note (GPN). This note not only helps in identifying sexual harassment and gender-based violence offenses but also helps the stakeholders in dealing with such situations at the workplace (The World Bank, 2019).

In the United Kingdom, the law prohibiting sexual violence was set out in the Equity Act of 2010. Employers in the UK are liable for any sexual misconduct by their employees. In Italy, the relevant law is the Code of Equal Opportunities since 2006 which makes the employer liable for any sexual harassment occurring at their workplace. Employers need to draft clear policies for sexual misconduct and its consequences (Laboris, 2017). Vartia and Leka (2010) outline a series of initiatives that should be taken by multinational companies to manage bullying, sexual violence, gender-based discrimination, physical abuse, or racial slur at the workplace.

The EU member states have specific legislation that considers bullying at work a criminal offense. While some other EU states enact it as the Occupational Health and Safety Legislation. The Charter of Fundamental Rights of the European Union is legally binding and holds human dignity inviolable. The framework directive holds employers accountable for psychological risk management and holds them responsible for ensuring the safety and health of workers in every aspect related to the workplace environment (Hoel & Vartia, 2018).

Most of the multinational companies incorporate sexual violence and harassment as a part of their code of conduct. This is to ensure that they work with state and federal governments to implement the right legislation within their companies. Air Canada is one such company that has Workplace Violence and Harassment Prevention Policy, Safety Policy, and Safety/Security Reporting Policy all its workers (Air Canada, 2019). Vice Media is a billion-dollar global digital media broadcasting company that fired three of its employees in November 2017 following the sexual violence reports, along with two of its top executives after they were exposed publicly. The company has an advisory board that educates employees on workplace conduct issues and diversity. One of the top 10 Employers of 2019, Alphabet or Google, Inc. outlines equal opportunity employment and its policies against harassment, discrimination, and bullying in its code of conduct. Along with this, the corporation also commits to providing a safe workplace environment for its employees.

One of the high profile companies, 21st Century Fox has created a "Fox News Workplace Professionalism and Inclusion Council" that is responsible for advancing women and minorities in the company, while making sure that the employees are able to work in a safe judgment and violence-free environment. This decision came in from the management following a settlement of $145 million to a former Vice President of the Enterprise Rights Management who filed a lawsuit claiming that she was a target of repeated sexual assault by her superiors and she was terminated because of her gender, i.e. being a woman cost her, her job and her career (Fenton, 2018). Another example is PepsiCo that has detailed its code of conduct with a strong focus on anti-harassment policy. Their policy focuses on providing a safe and harassment-free work environment for its employees. PepsiCo complies with all the country and local laws prohibiting harassment in the workplace.

One of the most recognized brands and a global leader in IT products, Apple Incorporation invests a handsome amount of its time and budget on training employees on human rights and their rights at the workplace. Apple has trained more than 17.3 million people since 2007 on their individual rights at the workplace. Apple promotes a safe and respectful workplace for all its employees. One of the leading home appliance companies in the world, Whirlpool, also stands by the jurisdiction of prohibiting sexual harassment and promoting a culture of nondiscrimination at workplace. They have a clearly defined sexual harassment policy that forbids sexual violence and harassment based on gender. The detailed policy also outlines the procedures to be taken by employees if they are subject to sexual harassment at the workplace (Whirlpool Corporation, 2019).

Effective measures to combat Sexual Violence at the Workplace采取有效措施打击工作场所的性暴力行为

Though all the multinational companies have sexual harassment and anti-discrimination policies as a part of their code of conduct. However, still, there are places where sexual violence and non-consensual behavior is common. A cultural shift demands increased responsibility and accountability to deal with gender-based sexual violence at the workplace. What does it actually take to resolve such issues? The role of workplace culture is important in determining how sexual harassment can be dealt with. The quest for effective workplace training should be made common. A well defined sexual harassment policy against genders and what constitutes sexual harassment can help in dealing with non-consensual or sexual violence at the workplace. Along with this, employers can invest more on workplace civility and bystander intervention training to build employee trust and give them the empowerment and confidence to speak up if they are a target of any gender-based violence.

尽管所有的跨国公司都将性骚扰和反歧视政策作为其行为准则的一部分。然而，在一些地方，性暴力和非自愿行为仍然很普遍。文化的转变要求在处理工作场所基于性别的性暴力方面增加责任和问责制。怎样才能真正解决这些问题呢?在决定如何处理性骚扰方面，工作场所文化的作用很重要。寻求有效的工作场所培训应该是共同的。针对性别的明确定义的性骚扰政策和性骚扰的构成可以帮助处理工作场所的非自愿或性暴力。与此同时，雇主可以在工作场所的礼仪和旁观者干预培训上投入更多，以建立员工的信任，并赋予他们权力和信心，使他们在成为任何基于性别的暴力的目标时能够畅所欲言。

Conclusion 结论

Virtually, every 1 in 3 women is subjected to sexual harassment at the workplace, streets, in homes, academia, or any other place. Globally, the #MeToo  movement has raised concerns over the use and abuse of power gender-based discrimination. Sexual harassment is considered an abuse of power against the opposite gender. it is the social and economic power that men hold over women. Men interfere with women's right to work when they use their power to treat women sexually without her consent. Sexual harassment not only degrades the work performance of an individual but also reflects and reinforces the inequality of gender that exits in the society. Workplace harassment not only reflects women's economic inequality but also shows how unwelcome they are in professions that are mostly dominated by men. Globally, sexual harassment is against the law and there are serious consequences for indulging in such activities. The real solution is raising awareness, making more effective laws that not only stop discrimination, but also provides social, economic, and political equality for women in every walk of life.

事实上，每3名女性中就有1人在工作场所、街道、家庭、学术或任何其他地方遭受性骚扰。在全球范围内，#MeToo运动引发了对性别歧视权力使用和滥用的担忧。性骚扰被认为是对异性的滥用权力。这是男性控制女性的社会和经济力量。当男性在没有得到女性同意的情况下利用自己的权力对女性进行性行为时，他们就干涉了女性的工作权利。性骚扰不仅降低个人的工作绩效，而且反映和强化了社会中存在的性别不平等。职场性骚扰不仅反映了女性在经济上的不平等，也表明她们在以男性为主的职业中是多么不受欢迎。在全球范围内，性骚扰是违法的，沉迷于此类活动会产生严重后果。真正的解决办法是提高意识，制定更有效的法律，不仅阻止歧视，而且为各行各业的妇女提供社会、经济和政治平等。

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