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Retaliation

Legislation should prohibit retaliation against any individual who reports harassing behaviors, who brings a complaint or legal claim alleging sexual harassment, or who cooperates with an investigation into sexual harassment.

Examples:

Belize’s Protection Against Sexual Harassment Act (1996) specifies that “No employer shall carry out any action which adversely affects the opportunities, terms and working conditions of an employee who has rejected the employer's practices that are in conflict with the provisions of this Act, or who has instituted proceedings, has given testimony, collaborated or participated in any investigation, procedure or hearing initiated under this Act. (See: Art. 6)

Benin’s legislation on sexual harassment provides that no victim of sexual harassment can be sanctioned or fired for having suffered or refused to undergo acts of harassment, and also specifically prohibits retaliation against students in schools. (See: Proposition de loi sur le harcèlement sexuel, Arts. 4-6) Chinese law also provides an example of an anti-retaliation provision, stating that:

Where a person, in violation of the provisions of this Law,…retaliates against the woman who makes the compliant, charge or exposure, the unit where the person works or the department in charge or at a higher level shall instruct him to rectify, and give administrative sanctions according to law to the person directly in charge of the unit and the other persons directly responsible.

(See also: Law of the People’s Republic of China on the Protection of Rights and Interests of Women, Ch. 8 Art. 50.)