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9 ReferencesThe Phenomenon of Sexual Harassment at the Workplace in Republic of Kosovo
Abstract
The sexual harassment at the workplace is among the oldest phenomenon of the society, from the ancient times to the present. Sexual revolution of the 70's of the last century, made this phenomenon to be expand due to the fact that in the name of the sexual freedom they made many things to be imposed starting from harassment in the street up to the conditioning to offer sexual pleasures on exchange for other favors such a job or promotion, money and other forms. Today, this phenomenon is focusing more attention to sexual harassment in the workplace. Studies have shown that the sexual harassment is widespread in all cultures and in most cases is more prevalent in cultures with higher democracy then in societies in transition where there is a lack of law enforcement. Types of sexual harassment as the "Quid pro quo" and the other type such creating a bad atmosphere in fact, have produced other forms of sexual harassment both verbal and non-verbal as well as physical ones. These forms of sexual harassment have been derived as a result of many factors; among them we can mention the factor of socioeconomic development. As a result of bas socioeconomic situation, especially when talking about females, we can mention that often they are urged to offer sexual favors in exchange for a job or promotion at work. However, there are so many the consequences of sexual harassment mostly of psychological and social nature. In general, sexual harassment is one of the forms which is contradiction with the sexual freedom of the individual and as such violates the moral and physical integrity of the individual and it does represent violation of human rights. Kosovo is among the countries where sexual harassment is still present. This phenomenon has shown an increase in number in the recent years, but at the same time also the awareness of the society has shown a raise d the awareness of society to denounce such cases to the authorities responsible for gender issues. This study, through the use of analytical, comparative and observational methods has aimed to do a research on the spread of sexual harassment at the workplace in Kosovo, about the types of harassment, causes and consequences of sexual harassment and finally to come up with some recommendations.
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The Phenomenon of Sexual Harassment at the Workplace in
Republic of Kosovo
FERDI KAMBERI
Ministry of Local Government Administration, Kosovo
Email: ferdi.kamberi@rks-gov.net
BESIM GOLLOPENI
University for Business and Technology – UBT
Email: besim.gollopeni@gmail.com
Abstract
The sexual harassment at the workplace is among the oldest phenomenon of the society, from the ancient
times to the present. Sexual revolution of the 70's of the last century, made this phenomenon to be expand
due to the fact that in the name of the sexual freedom they made many things to be imposed starting from
harassment in the street up to the conditioning to offer sexual pleasures on exchange for other favors such
a job or promotion, money and other forms. Today, this phenomenon is focusing more attention to sexual
harassment in the workplace. Studies have shown that the sexual harassment is widespread in all cultures
and in most cases is more prevalent in cultures with higher democracy then in societies in transition where
there is a lack of law enforcement. Types of sexual harassment as the "Quid pro quo" and the other type
such creating a bad atmosphere in fact, have produced other forms of sexual harassment both verbal and
non-verbal as well as physical ones. These forms of sexual harassment have been derived as a result of
many factors; among them we can mention the factor of socio - economic development. As a result of bas
socio-economic situation, especially when talking about females, we can mention that often they are urged
to offer sexual favors in exchange for a job or promotion at work. However, there are so many the
consequences of sexual harassment mostly of psychological and social nature. In general, sexual
harassment is one of the forms which is contradiction with the sexual freedom of the individual and as such
violates the moral and physical integrity of the individual and it does represent violation of human rights.
Kosovo is among the countries where sexual harassment is still present. This phenomenon has shown an
increase in number in the recent years, but at the same time also the awareness of the society has shown a
raise d the awareness of society to denounce such cases to the authorities responsible for gender issues.
This study, through the use of analytical, comparative and observational methods has aimed to do a
research on the spread of sexual harassment at the workplace in Kosovo, about the types of harassment,
causes and consequences of sexual harassment and finally to come up with some recommendations.
Key Words: Sexual Harassment, Workplace, Public Sector, Private Sector, Causes, Consequences.
Introduction
The phenomenon "Sexual harassment at the workplace", deals with sexual harassment aiming to receive
different, spiritual and material favors. This global phenomenon is present in every society as well as in
Kosovo. The phenomenon of sexual harassment is not new, if we look back to the past, we will understand
that this phenomenon dates back to the early civilizations, such as the Babylonian, Persian, Greek, Roman
civilizations, etc., although it was manifested in different types and different ways.
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Social and economic development, the creation of territories that would later be recognized as states and the
improvement of the legal infrastructure, contributed positively to the improvement of human rights and at
the same time it ensured legal protection from any kind of violation of the rights and freedom as well as the
phenomenon of sexual harassment in workplaces. is the merit of American Revolution (1776) and French
Revolution (1778), that many researchers took proper steps towards improving of their legislation on
the protection of human rights and freedom. Furthermore, the motto of the French revolution itself was
"Freedom, Justice and Bread", which a priori relates to the issue of the freedom of the individual.
However, it still can be said that there were not enough rights and freedom in the world, that only in 1929
was achieved a success with the participation for the first time in the history, of women in the political
elections (elections) of the United Kingdom. But, half of the XIX- th and the twentieth century, are
considered as the centuries of prosperity, due to the fact that especially in the twentieth century-flourished
democracy, which rightfully professor Francis Fukuyama named it as "End of History" which means the
final phase of ideological evolution. Along with the social developments that occurred, changes of the
ideological systems as those of Nazism, fascism, communism into democratic ones, are also legislative
changes and achievement of gender equality, in comparison with the past. In this regard, the sexual
harassment made a difference, which was previously very straight forward, now we are dealing with
different forms and means of expression of this phenomenon. Therefore, as such, this social phenomenon,
as a concept, is relatively new, dating from 1970 onwards.
Sexual harassment for the first time as the term is used in the 1973 report "Saturn Rings", by Mary Rowe,
on the various forms of gender issues”
1
. Since that time, the term sexual harassment started being used also
in the different dictionaries’ and also in other public issues, where existed numerous court cases connected
with this phenomenon. 70's are considered a kind of sexual revolution and a kind of liberalization in this
regard. So, the most widely spoken when talking today about sexual harassment, it means a kind of
unwanted sexual behavior that actually put individuals both male and female in a disadvantaged position.
Since then, the term sexual harassment starts to be used in various dictionaries and also in public affairs,
though there were many pending cases of sexual harassment in the courts. The 70's are to be considered as
a kind of sexual revolution and sort of liberalization in this regard. So, in a wider aspect when speaking of
sexual harassment, it means a kind of unwanted sexual behavior or act that puts individuals, male or female
in a disadvantaged position. While according to the US Federal Agency of law enforcement against
discrimination at the workplace EEOC (Equal Employment Opportunity Commission), the sexual
harassment means: unwanted sexual advices, requests for sexual favors, whether verbal or physical, when
such behavior was conducted in an explicitly or implicitly way within a term or condition of employment
of an individual, then the appearance or rejection of such conduct by individuals that are used as a ground
for decisions for hiring and that affects the individuals concerned, and such behavior that aims to have
impact or influence in the interventions (physical or verbal) which are not in accordance with an
individual’s work performance or creating an intimidating, hostile or offensive environment...”
2
.
Whereas European Parliament defines the sexual harassment: "when an undesired behavior related to the
persons gender occurs with a purpose or its effect is violating of the dignity of a person or creating an
intimidating, hostile, degrading, humiliating or offensive environment.
1
Rowe, Mary, “Saturn's Rings” a study of the minutiae of sexism which maintain discrimination and
inhibit affirmative action results in corporations and non-profit institutions; published in Graduate and
Professional Education of Women, American Association of University Women, 1974, pp. 1–9. “Saturn's
Rings II” is a 1975 updating of the original, with racist and sexist incidents from 1974 and 1975. Revised
and republished as "The Minutiae of Discrimination: The Need for Support, in Forisha, Barbara and
Barbara Goldman, Outsiders on the Inside, Women in Organizations, Prentice-Hall, Inc., New Jersey, 1981,
Ch. 11, pp. 155–171.
2
Document: “What is Sexual Harassment”, EEOC, 1992, pg. 2.
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So any form of such undesired verbal, non-verbal or physical behavior of sexual nature occurs with the
purpose or effect to violate the dignity of a person, especially when creating (a situation) intimidation,
hatred, degradation, humiliation or offensive situation”
3
. So, to us, the sexual harassment is any situation or
sexual attention that done either by men or women without their consent, that its purpose is the benefit or
misuse of sexual desires, who are victims and represents kind of violation of human rights. Given the
importance and role of this very complex topic, the main purpose of this study is the prevalence rate of
sexual harassment in workplaces in Kosovo, including public and private sector ,then the types of
harassment, the causes that lead to sexual harassment, the consequences and finally to come up with some
conclusions and recommendations.
Kosovo Legislation on Sexual Harassment
Completion of a country's legislation, for each social sphere of social life does have great importance,
because it enables the regulation of social relations and prohibits any kind of violation of the integrity or the
personality of the individual. It is worth to mention that so far" there is no specific law on the sexual
harassment, which was a common problem. Organizations for the rights of women indicated that sexual
harassment commonly occurred on the job but went unreported due to fear of physical retaliation or
dismissal from work”
4
. However, although there is nonspecific law that would sanction the sexual
harassment, but in the point of view of the sociological paradigm, we can see that sexual harassment is
incorporated by the highest legal -political act such is the Constitution of Republic of Kosovo. So, in this
respect, the Institutions of the Republic of Kosovo "aim preventing, combating and punishing actions that
directly or indirectly may present sexual harassment as one of the worst forms of violation of personality,
dignity and human integrity with constitutional provisions mandating the implementation of direct
agreements and international instruments which guarantee the rights and freedom”
5
. Kosovo's Constitution
in Article 23 deals with the Human Dignity defining as inviolable and is the basis of all rights and
freedoms. Also, Article 26 regulates personal respect human integrity. Just as in most modern countries
also in the Republic of Kosovo, the Government of the Republic of Kosovo with the drafting of the Kosovo
Criminal Code”
6
, has created the basic legal basis for legal treatment of acts that violates individual human
dignity and integrity. Also, there are other legal acts which contains in itself provisions that indirectly
address the actions against dignity and personal integrity such as: Law on Gender Equality”
7
, Law Against
Discrimination”
8
, and other laws.
While the Kosovo Criminal Code “contains provisions of material, executive also punitive nature with
which satisfactorily sanctions the sexual harassment acts. The chapter XX, foreseer’s criminal offenses
against sexual integrity”
9
, with such in a direct or indirect way has sanctioned any kind of sexual
harassment act. The Criminal Code, respectively in the chapter XX, shows a special attention and also a
severity of punitive measures, when such offenses are committed against people of age under 16 years old.
This means that despite the fact that there is yet no special law on sexual harassment, this is though
3
Hunt, Carrie & Davidson, Marilyn & Fielden, Sandra & Hoel, Helge: “Sexual Harassment in the
Workplace”, Working Paper Series No. 59, Manchester Business School, University of Manchester, UK,
2009, pg. 5.
4
Repport “The 2012 report on Human Rights in Kosovo”, State Reports on Practices of Human Rights
States Department of United States * Bureau of Democracy, Human Rights and Labor page 21.
5
Consitution of the Republic of Kosovo, 15 June 2008, Article 22.
6
Kosovo Criminal Code, approved by the Assembly of Kosovo, 20 April 2012, came into force on 01
January 2013, Pristina.
7
Law on Gender Equality, approved by Assembly of Republic of Kosovo, on 19 February 2014, Pristina.
8
Anti-Discrimination Law, approved by Assembly of Republic of Kosovo, on 19 February 2014, Pristina.
9
Criminal Code of Kosovo, approved by Assembly of Republic of Kosovo, on 20 April 2012, Pristina.
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incorporated within higher legal acts of the country, which ones directly or indirectly does a sanctimonies
sexual harassment act, which already is present in Kosovo society, especially at the workplace, wither
public or private sector.
The Most Common Forms of Sexual Harassment
There are many types or forms of sexual harassment, they are present also in the form of advertisements
such as the case of Schweppes banners with quote: "Schweppes is not for girls but for men only", and also
in the presentations where in a satirical way of sexual scenes and posing that in fact they represent not only
a form of sexual discrimination but also a degrading of women’s identity. Developments that occurred in
the 70's, that enhanced sexual revolution inspired by many sociologists and philosophers led by Simone de
Beauvoir, Foucault and others, conveyed a message also to various systems of the time, that it was about
the time for change in the society, to unveiling a conservative myth.
But, in the other hand, this revolution had its own consequences, especially in changing the family order
from that patriarchal system (conservative) and conjugal to the egalitarian one, which also introduced the
independence of couples, cohabitation, but also failed marriages, altogether with many sexually transmitted
diseases that did not exist before, such as AIDS.
This enabled thing to develop in two directions: the first a) from 70’s and onward we had a sexual
revolution that never happened before, Michael Foucault is right when he said:: “today we are part of a
society of sex, more precisely in a society of sexuality..”
10
, and the second b) the way how this freedom
was exaggerated because in the name of freedoms many things have taken negative connotation, firstly
forcing people to offer sexual pleasure in exchange to a favor such a job and other, and secondly, this open
the door to more rapes, we can see this when a survey was conducted in year 2014 in US while 65% of
women have experienced harassment while walking in the streets and 23% of them have experienced were
touched by men, 20% have been followed by men asking for sexual favors and 9% of them were forced to
have sex...”
11
, these are proved facts.
So, when talking about the ontology of this phenomenon, we have to mention that does exist many forms
sexual harassment , and still most common forms are : “Quid pro quo” that often is related with the saying
“this for that”, (meaning I do this for you and you do something else for me) this kind of harassment is
most common among teachers when they conditioned their female students to give sexual pleasure for a
grade, or to be member of a sport group or any other favor, in few words, they condition them to offer
sexual favors in exchange with some benefitions from a grade up to material things. Such cases we can
encounter in many institutions (public and private), when males condition females to provide favors.
During the interview with Ms Miza, who works at public sector, she says: " from the beginning of my
employment I have been object of verbal sexual harassment, mostly from my colleagues with whom I was
working in the same office, but also from the superior (supervisor), not only verbally but also with gestures
trying to get my attention by saying to me that I deserve a better post, being pretty etc.
On the following question, if she was dressed inappropriately in a provocative way that might have
encouraged them to harass her sexually? She doesn’t deny that the way you dress can motivate people for
sexual harassment, but in her case, she was dressing in accordance with the organizations dress code, and
10
Tushi, Gëzim: “The Ontology and Phenomenology of Sexual Harassment”, Lecture on Gender Issues,
Center for Gender Studies and the University of Pristina, Pristina, 2009, pg. 33.
11
National Street Harassment Report: “Stop Street Harassment”, Unsafe and Harassed in Public Spaces: A
National Street Harassment Report, Stop Street Harassment Reston, Virginia, Spring 2014, shih:
http://www.stopstreetharassment.org/our-work/nationalstudy/, 2014.
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according to her, when a woman is pretty, she will always be target of sexual harassment in the societies in
transition, such is Kosovo, she says. Another case or example of sexual harassment happens when females
apply for a job, they will be asked to provide sexual services from the employers. Another form of sexual
harassment is a hostile environment or creating a bad working environment. This form of harassment can
be in verbal, physical or visual way, which is present also in Kosovo society, mainly at private sector”
12
.
However, some studies have shown that within these two types of sexual harassment we have 5 sub-types
such as then, another example of sexual harassment we face at the moment when women apply for a
position / job, they are conditioned by the employer. Form the rest of sexual harassment are hostile
environment or the creation of an atmosphere of evil, this type of sexual harassment is usually done in
verbal, physical, or visual, that are more prevalent in Kosovo society, more pronounced in private
institutions ". However, some studies that within these two types of sexual harassment has also 5 under
other types such as:
Gender Harassment - has to do with the generalized sexist statements and behaviors that convey
insulting or degrading attitudes about women. Examples include insulting remarks, offensive graffiti,
bad jokes or humor about sex or women in general.
Seductive Behavior – has to do unwanted, inappropriate and offensive sexual advances. Examples
include repeated unwanted sexual invitations, insistent requests for dinner, drinks or dates, persistent
letters, phone calls and other invitations.
Sexual Bribery – has to do with solicitation of sexual activity or other sex-linked behavior by promise
of reward; the proposition may be either overt or subtle.
Sexual Coercion – has to do with sex-linked behavior by threat of punishment; examples include
negative performance evaluations, withholding of promotions and threat of termination.
Sexual Imposition – has to do with sexual impositions that can occur during forceful impositions for
sex or sexual assaults”
13
.
In general, on the basis of these types and subtypes of sexual harassment we can divided it intro three types:
Verbal – that includes expressions such: “honey, sweetheart, sweet, etc”, than other expression like cat
is calling, comments with sexist and sexual topics, stories or jokes with sexual topics, posing questions
to others about their private sexual life;
Non-Verbal – that often includes : other staring at others body, chest, butt etc, also chasing others
(males or females), blocking the road to not let other pass through, giving gifts secretly, using sexual
body language, etc.
Physical – that includes: touching butt or hair, caresses, cuddling the neck or hands, neck and shoulder
massage.
Types of sexual harassment outlined above, can be encounter almost in every society and as such they pose
a serious challenge in achieving a gender equality and social egalitarianism. This social phenomenon today
is widespread in the modern society; as such it has taken an important place also in Kosovo society. As the
country has emphasized learning in society. Finally we have seen that such types of sexual harassment are
very present in the Kosovar society, at the workplace.
12
Kamberi, Ferdi, MSc: “Sexual Harassment phenomenon in Modern Society”, published at portal
:www.telegrafi.com, 10.05.2011, ose shih: http://www.telegrafi.com/lajme/fenomeni-i-ngacmimit-seksual-
ne-shoqerine-bashkekohore-26-3752.html, 2014.
13
For more visit: http://www.epcc.edu/Counseling/Pages/TypesofSexualHarassment.aspx, 2014.
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Data and Methodology
For this study, we have developed a questionnaire (interviews) which has contained 11 questions. At the
beginning the questions were very general, followed afterwards with professional questions. The sample
was half planned and we have conducted 47 in-depth interviews with different group ages of the
population. Regarding the distribution of the sample by gender, the questionnaire was distributed equally.
Also the sample was distributed equally by employments sectors (private-public). This study is based on
the use of the relevant literature of different scientists also on the use of statistical data from relevant
institutions. This study is based on the use of methods, analytical and comparative, statistical, descriptive
and historical methods. Also, the study relies on free discussion with professional of this field and also with
employee’s employers.
Phenomenon of Sexual Harassment at Workplace in Kosovo Society
Sexual harassment as a social phenomenon in itself is complex and involves a number of cultural issues
related not only to the nature of sexual harassment but also to the work environment itself. From this point
of view, we can say that in most cases it is more present at workplaces. Therefore, studies on this topic are
focused on the harassment at the workplaces. Studies has shown that the sexual harassment at the
workplace occurs more there were is an unequal gender ration, mainly when male are majority. However,
Kohlman (2004) found that sexual harassment occurs more at the workplaces where one of the genders
dominates, either male or female...”
14
. The study goes ever further stating that to the appearance if the
sexual harassment helps a lot the leadership style of managers in the organizations, where "there are two
types of leadership style that are associated with sexual harassment:
1. Authoritarian Style - according to a study conducted in Ireland (O'Moore, 2000) it appears that a
large number of people who had experienced sexual harassment had worked in organizations that are
managed in an authoritarian style and sexual harassment had been greater compared with those who
were not working in these organizations;
2. Leadership Style (Einarsen et al, 1994) - a manager's failure to recognize or to intervene when
harassment may happen, at a workplace where employees believe that this is an acceptable behavior.
This can then lead to sexual harassing behavior, which is being seen as a norm within the organization
(Di Martino et al., 2003)”
15
.
The study shows that this issue is related to the nature of work and the cultural working environment,
taking into consideration that in most of the countries the daily working hours are 8 hours, then it is natural
for people to get accommodated with the place and also socializing with other staff members this will open
the door to the sexual harassment. But, in the cases from the study of the management styles, have an
impact in this matter, due to the fact that authoritarian style of management and as result of fear of losing
their job are of sexual harassment and also of conditioning at the workplace.
But, the other styles can easily be combined with the types and forms of sexual harassment we have
mentioned above, and when sexual harassment becomes acceptable by men as well as by women, as is the
case with touches, sexual related gestures, sexual related humor and other stories. Studies show that
"between 40 and 50 percent of women in European Union countries experience unwanted sexual, physical
14
Hunt, Carrie & Davidson, Marilyn & Fielden, Sandra & Hoel, Helge: “Sexual Harassment in the
Workplace”, Working Paper Series No. 59, Manchester Business School, University of Manchester, UK,
2009, pg. 36.
15
Idem, pg. 36-37.
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or other forms of harassment at the workplace. In United States, 83 percent of girls aged 12 to 16
experiences some sexual harassment in public schools.
Polls in small countries in the Asia and the Pacific shows that 30 to 40 percent of working women has
reported some form of verbal, physical or sexual harassment.”
16
. In Kosovo even we lack of accurate
information on sexual harassment in general, however, according to a study conducted by the Centre for
Gender Studies, it shows that in year 2010, 16.6% of civilian servants had experienced at least once the
sexual harassment Power relationship between the abused and the abusers altogether with cultural that
entangles such topic, will prevent people from reporting such cases. For example, sexual harassment at the
University of Pristine seems to be very present but when talking about reporting, there is a small number of
reports or reports are ignored”
17
. According to the data of Kosovo Police on the sexual harassment, they
show that the sexual harassment in workplaces in Kosovo is growing. It is clear that in all regions across
Kosovo the last two years, there is an increase of sexual harassment, reported to the police, but this number
would be double if all the cases were reported to the police, and there are many factors why people which
do not or hesitate to report to the police, among these factors the most important one is cultural factor
(patriarchal mentality), fear of losing job, etc. See the diagram below;
Diagram 1 and 2: They show cases of sexual harassment and number of people involved in year 2013 and
2014”
18
The Source: The data are taken from Kosovo Police for 2013/2014 and analyzed by the author.
16
United States Secretary – General’s Campaign UNITS: “Violence against Women”, Published by the UN
Department of Public Information, DPI/2546A, November 2011, pg. 2.
17
Färnsveden, Ulf & Mustafa, Ariana Qosaj & Farnsworth, Nicole: “Country Gender Profile – An
analysis of gender differences at all levels in Kosovo” Orgut – Financed by Sweden, , Pristina,
2014, pg. 26.
18
“The data is taken from the Office for Information and Public Relations of Kosovo Police Service”,
Pristina, February 2014.
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From 2013 to 2014 there is an increase of reported cases of sexual harassment for 6%. The region with the
highest number of cases is Pristina, and is just because this region does have the highest number of the
population and therefore the greatest number of employees, higher level of emancipation especially
emancipation from females and other factors. Differences regarding sexual harassment cases exist by
demographic structures (by age and gender). See the diagram:
The Diagram 3 and 4: Shows cases of sexual harassment by gender and by number of cases in year
2013/2014”
19
.
The Source: The data are taken from Kosovo Police for 2013/2014 and analyzed by the author.
The data show an increase in the number of cases, while in 2013, 128 cases were reported, in 2014 this
figure increased to 135 cases, which means that increased 6% from the previous year. While, in terms of
reporting cases by gender, in 2013 were 52 females and 76 males who reported, in 2014 there were 58
female and 78 male. People who are more exposed to the sexual harassment are of the group ages between
thirties and forties.
The number of sexual harassment has increased in relation to 2013. The study show that this social
phenomenon continues to grow in Kosovo's society, though the statistics do not give the real number of
sexual harassment cases, if the statistics would show all cases of sexual harassment in workplaces, then we
would have different ratios and figures, they would be multiplied. As we mentioned earlier, people do not
report all cases, is for many reasons but main reasons are: fear to lose its job, blackmailing, patriarchal
culture and other factors.
Sexual harassment as a social phenomenon in Kosovo society is very present in both sectors (public and
private). Sexual harassment in the private sector is likely to be more present than in the public sector,
because in the private sector to the employer always keeps his emplaces under constant pressure and stress,
19
Idem.
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the uncertainty of keeping the post is higher, working environment is more isolated, favors by the employer
(job promotions and financial benefits) and also other forms.
Also, the private sector is less controlled than public one by the respective auditing institutions and often
such cases are not reported. In Kosovo, taking into account the fact that the private sector does not provide
adequate conditions for employment, small salaries, long working hours and considering the high demand
for employment in Kosovo, number of cases of sexual harassment in the private sector can be significantly
higher than those in the public sector.
The survey conducted in 2014 by the Institute EUNACAL states that "sexual favors and political beliefs are
what matter to start a job. At least this is what 10 thousand responders has responded on a study conducted
on-line in Albania, Kosovo, Macedonia, Montenegro and Bosnia and Herzegovina, by HeadHunter and
Eunacal institute and its results were published in the international labor day. The data gathered in this
report are not optimistic, especially when talking about data from respondents from Kosovo and Albania,
where 80% of respondents think that sexual favors are often required sexual to win a job ...”
20
. These facts
show that not only Kosovo, but in general the Balkans and some European countries are facing trends of
high poverty and unemployment , and it is natural that people, according to the situational theory people
vary naturally depending on the context and situation. Therefore, sectors of employment, especially the
private sector, achieve to exploit their workers for material and spiritual benefits.
In the question made to the respondents of the survey: "Where do you think the sexual harassment is more
present (public or private sector)?", 60% of respondents think that sexual harassment is more present in the
private sector, 20% of them think that it is more present in the public sector, 20% think that is more present
in other public places. This does mean that logical parameter is in correlation with the opinions of
respondents who said that most cases of sexual harassment are present in the private sector. Due to the fact
that it is easier to manipulate people and to use the situations which will not be made public? This shows
clearly that still in Kosovo there is no consistent implementation of legislation (laws( that in one hand
would sanction such a thing on the one hand and the high demand and small opportunities for employment
on the other hand, so this had made possible this phenomenon to be still present.
Causes of Sexual Harassment in the Workplace
There are a number of factors which can lead to sexual harassment in the workplace. Factors that lead to
sexual harassment in workplaces vary depending on cultural context, work environment, social values,
organizational culture, etc. “Sexual harassment mostly can occur when there is a lack of law or there is a
lack of implementation of legislation. Discrimination against people can be based on race, sex, age and
ethnicity, in some situations, harassment is closely linked with prejudices and generalizations, as well as
sexist attitudes.”
21
. Also, sexual harassment occurs in the workplace dominated by one or the other sex
more, for example, if in a working place there are more men than women or vice versa, the chances of
sexual harassment cases to occur are higher. Other factors are also psychological and physical pressure
usually we can talk about the pressure on women in workplaces, different conditioning or favors, taking
into account that Kosovo is facing many socio-economic problems such high unemployment and poverty
rate, mostly among women, then the chances for sexual harassment to happen are higher even to that extend
so people to offer sexual favors such to get a job, promotion salary raise, travel abroad for work related
reason). This phenomenon is widespread in all aspects of life, more or less. As a phenomenon, sexual
harassment is present also in the educational institutions, especially among adolescents. Recently, many
20
Information: “http://shqiptarja.com/news.php?IDNotizia=212479&IDCategoria=1”, 01 May 2014.
21
Prekel, Truida: “Sexual Harassment: Causes, Consequences and Cures”, Management Consultant, Cape
Town, Formerly of UNISA SBL (no year)
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cases of sexual harassment done by teachers have been reported by teenagers, which could fall under the
category of pedophilia.
The sexual harassment has become common thing, although not publicly, but there are numerous cases
where employers select employees and based their look, such is the case when an employee was terminated
by one of prestigious banks in Kosovo. Also, often we hear the employer asking each other, when they have
a recruitment ongoing, even joking – Has any pretty lady applied for X job? Or take into consideration that
pretty lady and other similar expressions they say to each other (employers), which are in contradiction
with the laws, ethics and human rules.
The social and economic situation in Kosovo is one of the main factors that leads to sexual harassment,
when come to accept or lose a job, to get promoted or remain in same job with a minimum wage, escaping
unpunished by the judiciary for individuals that victimizes others, social stigma that can happen when the
sexual harassment will be made public, fear and other causes. In the worst case, when the employer
harasses sexually the employee, and the employee (she) refuses to have sex with the employer, then though
in an indirect way the employee will become a victim because will be discriminated and all her rights could
be denied, such the right for promotion, in the contrary she may be demoted and in worst cases to be fired,
the respondents say. When asked about the causes that can lead to sexual harassment, the respondents gave
us different opinions e.g.: Mr. Shala, stated as follows: "several causes that lead to sexual harassment are:
gender, race, religion, ethnicity, political beliefs, religion, ancestry, health status, etc.". So, it is believed
that race, ethnicity, different ideological beliefs and other can have great impact on the sexual harassment.
But, not all think of the same causes e.g.: Mr. Valla believes that the reasons that lead toward sexual
harassment are: "lack of ethics and lack of self-control, and lack of respect the dress code." While Ms. Hoti,
says that factors of sexual harassment are "appetites for career advancements without merit, securing a job,
etc”. Seen from the perspective of the general sociological point of view, we can conclude that there are a
number of factors that lead to this phenomenon, although the main factors obviously are socio – economic
factors, therefore, women status in the society makes them to be a target for harassment sexual. Another
important cause is the patriarchal mentality in Kosovo society. If an individual reports a case to the relevant
authorities he/she can easily be stigmatized by others and as such becomes a victim.
Also, another cause that leads to sexual harassment is not respecting respective dress code, especially from
female’s employees. Based on the observations, we can conclude that a considerable number of the female
staff, especially young ones, do not respect the dress code in workplace. The way they dress resemble more
to solemn or party dresses and in some cases they look very provocative. Then, excessive use of cosmetics
in the workplace may be the real cause of attracting males to females, thereby bringing to sexual
harassment in the workplace. Meanwhile, in terms of conditionality’s for sexual favors from female, this
mostly occurs when an employer female does not have good relations with her husband, no husband, she
spends long time to work with the employees, in trips and other occasions as stated interviewees. Then,
excessive use of cosmetics in the workplace may be another cause of attracting between two genders, so,
this attraction then can lead to sexual harassment in the workplace. However, when female conditions male
to offer sexual favors can happen only when a female employer have problems with their spouses or is
single, so in this case the employer, according to the responses from the study, spend more time with their
dependants at workplace but also in business trips as well and more.
Another characteristic of sexual harassment in the workplace, as a phenomenon, is the fact that in recent
times, both sexes are involved, while just a decade males were not subject to the sexual harassment, but
nowadays the differences between genders, when talking about reporting of sexual harassment cases are
more evident, but still there are some reporting from male employees for being harassed sexually from the
opposite gender.
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The Effects of Sexual Harassment at Workplace and Individual and Family Life
Consequences that come as a result of sexual harassment are: psychological, social, physical, ethical
(moral), economic, cultural and religious consequences. Various studies have shown that the consequences
or psychological reactions are: "depression, anxiety, shock, denial, anger, fear, frustration, nervousness,
uncertainty, confusion, betrayal, feelings of shame, low self esteem, guilt, isolation, physiological
reactions...”
22
.
The social related consequences are mainly: social hermeticism, lack of a social integration, Situation of a
anomie in Durkheim’s language, social insecurity, fear of loss of prestige and power (fictional or factual),
then adultery, conflicts and destruction of the family, divorce, and so on. Meanwhile, the physical
consequences mainly linked with the occurrence of various diseases as a result of stress or depression,
different types of paranoia, physical violence, and more. As a result of sexual harassment in the workplace
comes into the light the socio-economic consequences, and when someone reports or refuse to offer sexual
services then he/she can lose job, his/her contract can be terminated, will suffer the sanctions,
discrimination, lower wage, and as final result also family conflicts and domestic violence.
The consequences also can be of ethical and moral nature, people can be subject to mocking, it’s a sense of
shame in front of colleagues, can be humiliated, isolation, stigmatization, sense of shame in front of family,
this is more obvious in small communities such in small provinces and remote areas with high homogeneity
of population. The consequences are also of the cultural and religious nature, as the impact of religion
belief and cultural values is high in the society, so often as a result of these values we often deal with the
stigmatization of victims of sexual harassment on the pretext that they are guilty. The consequences of
sexual harassment are of individual and collective type.
Sexual harassment has negative consequences for the employees, employers and society as a whole (ILO-
ROAP, 1994). Individual consequences are those which have already mentioned above while the collective
consequences deals with cases when other colleagues don’t feel on ease due to the created situation, which
often is tense, and feel compassion for the affected colleague, they are more aware of what they talk about
as they are afraid to not hurt the colleague in indirect way and unintentionally and also they fear that this
can happen to them to.
The consequences of sexual harassment are visible also in the workplace. As a result of all that was said
above and others, we have increase the rate of infidelity, insecurity, lack of sincerity, avoiding to do work,
stress, then we have also negative intentions to damage the company, in cases when the harassment comes
directly from the employer, and all these factors together do have impact in the quality and quantity of
overall performance, thus putting into question the viability or stability of the organization.
Conclusions
This study bring highlights the presence and widely spread phenomenon of sexual harassment in the
workplace in our society. Although we lack the official statistics by previous years and by demographic
characteristics at the national level, however, the data taken for review in this study tell us that there is an
increase of reported cases of sexual harassment in the workplace in Kosovo society for about 6% from year
to the other. Sexual harassment is present in genders, male and females, but female are the ones to be more
exposed to the sexual harassment. If we speak about age groups, the age of thirties and forties (30 – 40) are
more affected. Geographically, sexual harassment in working places at most is present in Pristina, Kosovo's
22
For more details visit: http://counseling.uoregon.edu/TopicsResources/StudentSelf-
Help/SexualAssaultAbuseHarassment/SexualHarassmentMyths.aspx, 2012
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capital city. Based on the analysis of this study we can conclude that sexual harassment at work places in
Kosovo society is mostly present in the private sector (with circa 60%). There are some forms of sexual
harassment in workplaces in Kosovo society, but among the most important ones are the conditioning for
jobs and promotion, threats for dismissal and other spiritual and material favors.
Results derived from the study show that the factors that can lead to sexual harassment in workplaces vary
depending on cultural context, working environment, social values and organizational culture. Sexual
harassment mostly occurs mostly when there is a lack of law enforcement or a lack of implementation of
the legislation. Discrimination against people based on race, sex, age and ethnicity, in such situations,
harassment is closely linked to the prejudices and generalizations, as well as to the sexist attitudes. And,
sexual harassment occurs in the workplace dominated by one gender mainly, for example, if in a working
environment have more men than women or vice versa, the chances for sexual harassment are greater.
Other factors are also psychological and physical pressure toward female staff at workplace, the
conditionings or different favors, given the fact that Kosovo faces many socio-economic issues (high
unemployment rate and poverty) that affects particularly females, then the chances that these factors to be
the main ones that can lead to the sexual harassment at the workplace are higher, not only but also
performing the sexual favors for a jobs, promotion, salary increase, trips abroad and other.
Regarding the causes and consequences of this phenomenon, there are number of causes, among them most
important as mentioned above, socio - economic factor, fear of loss of job, poverty, nonrealistic ambitions,
provocative dressing, lack of institutional control, organization of workflow and other factors. So, the
consequences of sexual harassment in working places are various and numerous. Among, the most
important consequences are: psychological, social, ethical, economic and other.
Recommendations
To ensure the implementation of the legislation that regulates this issue, the implementation of the dress
code, more frequent control / inspection on site by the labor inspectorate, especially the private sector, the
denunciation of cases of harassment to the police, application of penalties and fines for those who commit
harassment.
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