Sexual harassment incidents in Taiwan have been on the rise, sparking a workplace “#MeToo” movement that extends beyond the political sphere. More and more victims are courageously speaking out about their experiences. At the same time, the wave of social speculation has propelled Taiwan’s progress toward “gender equality.”

On June 5th, the Garden of Hope Foundation, Awakening Foundation, Modern Women’s Foundation, Taipei Women’s Rescue Foundation, and Taiwan Coalition Against Violence jointly held a press conference, urging the government to swiftly amend laws and propose relevant strengthening measures. We called for systemic improvements, including the establishment of transparent and trustworthy complaint channels by employers to prevent and control workplace sexual harassment. The aim is to ensure that more victims receive appropriate responses and access to help resources promptly, without having to remain silent and endure harassment. We also encouraged more harassment victims to seek assistance from relevant NGOs.

According to the Gender Violence Survey Report completed by the Garden of Hope Foundation at the end of 2021, 25% of workplace sexual harassment victims had filed complaints. However, during the complaint process, the biggest challenge they faced was insufficient evidence, accounting for 50%, followed by negative responses from complaint units at 37.87%.

Unreliable Complaint Mechanisms Make Seeking Help for Workplace Sexual Harassment Even More Difficult

Through long-term practical work, the Garden of Hope Foundation has observed two key factors contributing to the occurrence and concealment of workplace sexual harassment: power dynamics and inadequate prevention and control systems. The Gender Equality in Employment Act stipulates that employers must protect job seekers and employees and bear the responsibility of preventing and controlling sexual harassment. Once an incident occurs, effective corrective and remedial measures should be taken immediately.

However, in reality, victims not only worry about the impact of power dynamics on their job security but also face a lack of reliable complaint mechanisms for workplace sexual harassment. They may not know how to file a complaint, fear exposure of their identities, and lack support systems with gender equality principles in the workplace, among other reasons. These factors contribute to the prevalence of workplace sexual harassment and hinder victims from seeking help.

Based on the nature of sexual harassment as a form of “power control,” it is crucial for employers and supervisors to express a clear “zero tolerance” attitude towards sexual harassment in the workplace daily and establish a positive company culture. This can effectively prevent workplace sexual harassment.

Improving Complaint Systems and Processes and Regulating Employer Responsibility

Although the Gender Equality in Employment Act has been in effect for over 20 years, it primarily emphasizes “employer investigation and prevention responsibilities” for workplace sexual harassment without comprehensive regulations. This makes it difficult to truly protect the rights of victims. In the case of sexual harassment incidents on campuses, the Gender Equality Education Act, Article 30, stipulates that investigations must have a “gender equality consciousness” and professional expertise in conducting the investigation. However, the main laws addressing “workplace sexual harassment,” such as the Gender Equality in Employment Act and the Guidelines for Complaints and Disciplinary Measures for Workplace Sexual Harassment Prevention and Control, do not specify that the investigation teams must include members with relevant expertise.

Furthermore, if the parties involved have doubts about the internal investigation conducted by the company, the regulations only allow them to appeal to the employer. However, it does not specify that the team handling the appeal should be different from the team involved in the initial or previous investigation. If the same members are involved, it becomes difficult for the parties involved to obtain fair remedies.

However, focusing solely on the adequacy of procedures would render the complaints merely formalities without substantial assistance. The competent authorities should not only require employers to fulfill their responsibilities but also provide them with more comprehensive assistance, such as gender-conscious education and training that facilitates investigation.

Amending Laws to Provide Adequate Services for Workplace Sexual Harassment Victims

The trauma caused by sexual harassment is as significant as that caused by sexual assault, subjecting victims to immense physical and emotional suffering. Wang Yueh Hao, CEO of the Garden of Hope Foundation, pointed out the lack of resources available to support workplace sexual harassment victims. Employers “may” refer victims to medical and counseling resources, but it does not stipulate concrete assistance services. This leaves sexual harassment victims to find solutions on their own.

Throughout the complaint process, victims often encounter unfriendly responses and neglect, frequently finding themselves in a situation where they risk losing their jobs and lacking help resources. It is only by amending laws to provide comprehensive “victim service resources” for workplace sexual harassment that victims can receive adequate support and assistance on the challenging road to recovery.

Calling on the Government to Amend Laws and Improve Sexual Harassment Prevention and Control Work, Encouraging Victims to Seek Help

To eliminate workplace sexual harassment and workplace bullying, it is necessary to establish a comprehensive “workplace sexual harassment” prevention and control system, focusing on the revision of relevant laws such as the Gender Equality in Employment Act, and ensuring employers fulfill their prevention and control responsibilities.

Wang emphasized that various non-governmental organizations focusing on gender violence are actively pushing for legal amendments, starting with institutional reforms and enhancing victim service resources. She also encouraged victims to speak up and seek help, providing an opportunity for their trauma to be healed.