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China Matters: Employers in Mainland China May Be Liable for Failure to Prevent and Prohibit Sexual Harassment

By Paul Hastings Professional

On August 28, 2005, the Standing Committee of the National Peoples Congress amended the Law for the Protection of Womens Rights and Interests of the Peoples Republic of China to prohibit sexual harassment against women. Although the national legislation did not explicitly impose an obligation on the employer to protect women from sexual harassment, many provinces such as Jiangxi, Hunan, Shaanxi, Xinjiang and Heilongjiang subsequently enacted local implementing rules to impose such an obligation on employers. Under the local rules, an employer may be held liable if it fails to take actions to prevent and prohibit sexual harassment in the workplace.