The Applicability of Employers' Liability in Workplace Sexual Harassment

Sexual harassment in the workplace has its own characteristics.Although the Employers' Liability Regime adopted by China's prevailing Tort Law applies to such circumstances,it has limited effects on workplace sexual harassment.From the point of assisting the victim of Workplace Sexual Harassment,China's legislation should establish a system that,under the circumstances where the employer carries out quid pro quo sexual harassment,the employer should undertake No-fault vicarious Liability;under the circumstances where hostile work environment harassment and sexual harassment perpetrated by outsiders,the employer should undertake Fault Liability and Direct Liability;and the perpetrator of sexual harassment should,furthermore,take the liability.