“Employer let off the hook in Chengdu sexual harassment case”, 17 July 2019

A court in the southwestern city of Chengdu has ordered a well-known civil society figure to formally apologise, within 15 days of its judgment, for sexually harassing one of his junior colleagues in 2015.

In its… judgement, however, the Wuhou District Court rejected the plaintiff’s request for compensation for psychological damages. Neither did the court accept the plaintiff’s key demand that her employer, and not just the individual offender, should be legally liable for the sexual harassment that occurred in the workplace.

The plaintiff, Liu Li (pseudonym), had complained about the sexual harassment incident in 2015 through existing channels at the social work organization in Chengdu where she was employed but her complaints were largely ignored. Inspired by the growing #MeToo movement in China, Liu Li publicised her story in July 2018, and filed a civil lawsuit in October 2018.

There are provisions… that clearly articulate the responsibility of the employer to prevent or deal with sexual harassment in the workplace effectively. The Wuhou district court apparently ignored these stipulations and focused only on the actions of the individual perpetrator…

… many have welcomed the judgement as an important first step in the fight against sexual harassment…

… a decision by the Supreme People’s Court in December last year which listed sexual harassment and equal employment rights as grounds for civil lawsuits, opened the door for Liu Li and many other victims of workplace sexual harassment. The number of cases related to sexual harassment and equal employment rights accepted by the courts this year has increased... It is hoped that, in many of these cases, the employer as well as the individual offender will be held liable.

The respondent in the Chengdu case, Liu Meng, meanwhile is reportedly planning to appeal the judgement…