Verbal sexual insults toward same sex count as sexual harassment too

Charlotte Lam

Verbal sexual insults between the same sex could also be classified as sexual harassment, says Equal Opportunities Commission chairwoman Linda Lam Mei-sau.

Lam's remarks came after a female branch manager of Korean restaurant chain Terrace in Seaside had been suspended after she allegedly insulted a female employee and made fun of her physical appearance.

Lam said on a radio program yesterday that sexual harassment is determined based on both the victim's feelings and whether the conduct meets an objective standard.

"Under the Sex Discrimination Ordinance, sexual harassment is defined as any unwelcome sexual behavior, whether physical, verbal or non-verbal. It applies to actions committed by individuals of the same or different sexes," she said.

Employees who experience sexual harassment are protected by the ordinance. Employers are also held accountable if they fail to take adequate preventive measures.

"Employers are responsible for ensuring a safe work environment. They must implement reasonable and practicable steps, such as establishing anti-sexual harassment policies, and remind employees such behavior is illegal," Lam said.

Terrace in Seaside said in a statement on Sunday it acknowledged the concerns over the allegations and suspended the branch manager as well as initiated disciplinary action following an internal investigation.

However, Lam said if an employer only takes action after a complaint, their liability may still be in question.

She also urged victims of sexual harassment to report promptly and keep relevant records as evidence.

"There are different kinds of evidence: phone call records, conversations and chat records as well as witness testimonies," she added.

After a complaint is lodged, the EOC invites both parties to undergo a mediation session, aimed at finding solutions such as an apology or implementing relevant measures to prevent future incidents.

Meanwhile, the victim posted on social media yesterday afternoon that the manager apologized via WhatsApp.

The manager supposedly wrote: "I promise to be more mindful of my conduct in the future. I hope you can understand and accept my sincere apology."

The victim refused to accept the apology, feeling it lacked sincerity.