5 questions to Marine Koch and Laura Lacombe on sexual and gender-based violence at work

First of all, could you tell us what sexual and gender-based violence (SGVB) is? Are there any specific aspects relating to the work place?

Marine Koch : The term sexual violence encompasses ‘all acts of a sexual nature committed with violence, coercion, threat or surprise, anything that is in the nature of unwanted sexualisation’ (1). It can refer to behaviour that can be classified as an offence, or even a crime, in the case of rape.

Gender-based violence, on the other hand, refers to any ‘statement or behaviour that targets a person because of their sex or gender based on stereotypes’ (1).

It should be noted that, even if women represent the majority of victims of sexist and sexual violence (2), since it is estimated that 85% of victims of sexual violence outside the family are women, men can also be victims (3). Thus, SGVB affects everyone, since we can all, at some point, be a victim, perpetrator or witness.

Laura Lacombe : In addition to these different forms of violence included in the penal code, sexual harassment and sexist behaviour are also included in the labour code. Thus, sexual harassment is included in both the penal code and the labour code. Sexist behaviour is only included in the labour code.

There are also specific aspects related to world of work, particularly in terms of the actors involved. Remember that the employer must take the ‘measures necessary to ensure the safety and physical and mental health of workers’ (4). Furthermore, for companies with more than 250 employees, a sexual harassment officer must be appointed by the employer (5). All companies with a CSE must also have a harassment officer (6), appointed by this entity. The ombudsman or the labour inspectorate may also become involved.

Two striking elements: according to IFOP, 6 out of 10 European women have already suffered sexual and gender-based violence during their career (7). However, in France, a very small proportion of these acts have led to a complaint being filed. What do these figures tell you?

Laura Lacombe : There is still work to be done! As for the European figures, they seem to me to underestimate the prevalence of SGVB in the sense that one can ask oneself: ‘Who has never heard sexist “jokes” during their career?’ or sexist remarks... I think we have all heard them, even without meaning to, whether at work or not. According to the Barometer on everyday sexism at work (8), more than three-quarters of women and two-thirds of men have been exposed to sexist remarks at work under the guise of humour. And this can already fall under the broad category of ‘SGBV’, sexual and gender-based violence, and more specifically gender-based or sexual abuse (9) (or even sexual harassment, if the remarks are repeated).

However, this study does not measure all types of insults and that is perhaps why the figures are relatively low in my opinion. Sexism is so ingrained in us from a very young age that we don't always realise that what we say to a woman is something we wouldn't say to a man... And this is also the case at work.

6 out of 10: this is still a high figure, but not a surprise to us; sexual violence takes place everywhere, in the street, on public transport, but also and above all at home, with our friends and family, etc. The workplace is not spared. 9% of sexual assaults take place at work (10).

Marine Koch : As Laura implied, this should not hide other realities: violence, particularly sexual violence, most often takes place at home. In fact, it is estimated that among women aged 18 to 75, in 91% of cases, the perpetrator of sexual violence is a relative, and almost one in two rapes (45%) is committed by a spouse or ex-spouse (11). It is also estimated that every year in France, 160,000 children are victims of sexual violence, which mostly takes place in the home (12).

The rate of complaints being filed is unfortunately not surprising either. In general, when it comes to sexual violence, these acts are mostly committed without witnesses, so it is difficult to gather evidence.

In the context of work specifically, there are many things that could explain why victims fear negative repercussions on their career if they file a complaint: they may fear being harassed, held back in their career, pressured to resign, etc. In situations of sexual harassment, for example, when the situation has been brought to the attention of the employer or management, 40% of those harassed feel that the case ended to their detriment (13).

Why are the SGVB at work, known as ‘under a relationship of authority or power’ (14), special?

Laura Lacombe : This can be considered an aggravating factor in the event of a conviction. For example, in the case of sexual harassment, the penalty incurred can be up to three years‘ imprisonment and a fine of €45,000, instead of two years’ imprisonment and €30,000, if there is a relationship of power (a subordinate relationship between the perpetrator and the victim) or more specifically if the acts are committed by ‘a person who abuses the authority conferred on them by their position’ or by ‘an ascendant or any other person having legal or de facto authority over the victim’ (15).

Furthermore, as Miprof (14) points out, the relationship of authority can create a climate that facilitates this violence. The likelihood of such violence occurring may increase with the presence of certain work-related factors that place individuals in vulnerable situations. Factors such as job insecurity, for example. People in precarious employment situations, such as temporary workers or people on fixed-term contracts, are at greater risk. A lack of gender diversity in teams or atypical working hours (such as night work) can also be conducive to SGVB.

Marine Koch : Yes, and in general, this aggravating factor can be characterised outside the company: if it is a parent, a teacher, a sports coach or a babysitter, for example. These are relationships in which there is a relationship of subordination, and therefore in which the perpetrator can exercise control over his victim and establish a position of dominance. Once again, this partly explains the alarming rate of child victims of sexual violence.

How does the EDHEC Diversity & Inclusion Chair approach this subject? What original tools do you propose, and what effects are you expecting?

Laura Lacombe : We are currently developing an awareness-raising tool based on a card game (16), specially designed for the business world. It includes the legal definitions of the different forms that SGVB can take (sexist contempt, exhibition, sexual aggression, etc.), examples of SGVB situations in the workplace, and tools for acting as a witness.

Marine Koch : We have also recently started offering a workshop on domestic violence. Although the subject may not seem to be related to the workplace, it is in the best interests of employers to address this issue with their employees.

On the one hand, as with the subject of SGVB in general, it can affect everyone, whether as a victim, perpetrator or witness.

On the other hand, the employer is responsible for the health and safety of its employees: it must be able to intervene as soon as it is made aware of a situation of domestic violence. The company can thus raise awareness among its employees and find out about the public services to which a victim can be referred. It can offer flexible working arrangements or specific leave.

Beyond its responsibility, it is in the company's interest to take action on this issue: domestic violence is not limited to the private sphere, and the repercussions of such violence can be felt in the performance of a victim (disengagement, absenteeism, endangerment, etc.), or even endanger all employees (in the event that the perpetrator threatens the victim at work).

Laura Lacombe : In addition to this training aspect, the Diversity & Inclusion Chair also works on aspects that are more focused on applied research. For example, we want to scientifically test the effectiveness of the scheme on SGVB. To this end, we have joined forces with colleagues from the University of Lille, and are currently developing a questionnaire that will make it possible to verify that the objectives targeted by the awareness-raising have been achieved, based on measurement scales approved by the scientific community.

Why do the educational and cultural efforts to be made at work on this subject fit in particularly well with your actions and tools deployed towards students?

Laura Lacombe : To raise awareness among employees, we did not start from scratch but based ourselves on the ‘VSS: Agir et en Finir!’ tool that the Chair had developed in 2020 to prevent SGVB specifically in the student environment (16). Since then, we have been using it every year (and improving it based on feedback) to raise awareness among all our new classes. We therefore first looked at the subject of SGVB from a student perspective. We wanted to make them aware of this issue from their first days at EDHEC.

Marine Koch : Since the project was set up, we have been able to raise awareness among around 8,800 students! However, we would like to offer a continuation of this significant event throughout the year. We have therefore offered all students the MOOC ‘Sexist and Sexual Violence: STOP!’ coordinated by IMT Atlantique, in collaboration with the VSS Formations network.

We have also developed new projects this year: on the one hand, with a workshop on domestic violence, offered on an ad hoc basis to the student body, which allows us to rework the different forms of SGVB seen during the workshops ‘VSS: Agir et en Finir!’ ('SGVB: Step up & Stop it !'), but applied to the marital context. This helps to break down the clichés about violence in couples. In addition, we have also launched the first edition of the online course ‘Allié.e LGBT+’, which provides information on the rights and discrimination of LGBT+ people, who are a particularly vulnerable population to SGVB.

Finally, we have started a series of film discussions, which take place approximately every 2-3 months on different themes of diversity and which allow broader themes to be addressed in a more informal way, with cinema as a tool.

Références

(1) Que sont les violences sexistes et sexuelles ? Décodage - Info.gouv.fr - https://www.info.gouv.fr/actualite/violences-sexistes-et-sexuelles

(2) Les violences sexistes et sexuelles en France. Dossier Amnesty France - https://www.amnesty.fr/dossiers/les-violences-sexistes-et-sexuelles-en-france

(3) Les violences sexuelles hors cadre familial enregistrées par les services de sécurité en 2023. Lettre de l'observatoire national des violences faites aux femmes - arretonslesviolences.gouv.fr

(4) Article L4121-1 du Code du travail - Les obligations de l'employeur. Legifrance.gouv.fr - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000035640828

(5) Article L1153-5-1 du Code du travail - Harcèlement sexuel. Legifrance.gouv.fr - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037380160

(6) Article L2314-1 du Code du travail - le CSE. Legifrance.gouv.fr - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037389707

(7) Observatoire européen du sexisme et du harcèlement sexuel au travail (2019) IFOP - https://www.ifop.com/publication/observatoire-europeen-du-sexisme-et-du-harcelement-sexuel-au-travail/

(8) Résultats du baromètre sur le sexisme ordinaire au travail 2023. Baromètre de l'initiative #StOpE | AFMD 2023 - https://www.afmd.fr/resultats-du-barometre-sur-le-sexisme-ordinaire-au-travail-2023

(9) Article R625-8-3 du Code Pénal - De l'outrage sexiste et sexuel - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000047380081

(10) SSMSI, Insécurité et victimation : les enseignements de l’enquête CVS, édition 2021 - https://mobile.interieur.gouv.fr/Interstats/L-enquete-Cadre-de-vie-et-securite-CVS/Insecurite-et-victimation-les-enseignements-de-l-enquete-Cadre-de-vie-et-securite

(11) Lettres de l'Observatoire national des violences faites aux femmes, arretonslesviolences.org - https://arretonslesviolences.gouv.fr/les-lettres-de-l-observatoire-national-des-violences-faites-aux-femmes

(12) CIIVISE, Commission Indépendante sur l’Inceste et les Violences Sexuelles faites aux Enfants. Le rapport public de 2023 - https://www.ciivise.fr/le-rapport-public-de-2023

(13) Défenseur des droits, Harcèlement sexuel au travail, Livret du formateur et de la formatrice, 2018 - https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=20252

(14) Mission interministérielle pour la protection des femmes contre les violences et la lutte contre la traite des êtres humains. Violences sexistes et sexuelles sous relation d'autorité ou de pouvoir. Agir contre ce fléau trop longtemps ignoré (2024) travail-emploi.gouv.fr - https://travail-emploi.gouv.fr/violences-sexistes-et-sexuelles-sous-relation-dautorite-ou-de-pouvoir

(15) Article 222-33 du Code Pénal, De l'exhibition sexuelle et du harcèlement sexuel - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037289662

(16) Découvrir les ateliers VSS existants organisés pour l'ensemble des nouveaux étudiants en premaster - voir le reportage https://www.youtube.com/watch?v=Pre4s3_v5qU