工作場所性騷擾的正是以法律的形式為主的治療，而忽略了其他方法的組合來解決這一問題，如忽略在處理性騷擾的雇主和管理者的責(zé)任，而不注重通過改變社會態(tài)度和文化的角度解決問題。同時，從法律的角度來看，性騷擾的解決，仍然存在一些問題和困難，如模糊的邊界界定性騷擾行為，在工作場所性騷擾的形式，在何種程度上的行為定義為性騷擾，應(yīng)承擔(dān)法律責(zé)任。

有三個要素在工作場所構(gòu)成性騷擾。首先，騷擾違反了受害人的意愿。行為人實施的行為必須排除，被害人不受歡迎，對被害人的明確拒絕詞或行為沒有要求，更是從主觀態(tài)度來闡述厭惡他人等態(tài)度。其次，騷擾表現(xiàn)為與性直接相關(guān)的行為。這里的直接行為應(yīng)當(dāng)包括“猥褻”和“強(qiáng)奸”在刑事法律規(guī)定的行為，以及一個更微妙的高度靈活，隱性損傷。第三，騷擾發(fā)生在工作場所或履行職責(zé)期間。它主要體現(xiàn)在一個演員可以利用自己的立場或其他方法迫使受害人忍受這種性騷擾的行為。

  

Sexual harassment in the workplace is now being treated primarily in the form of law, while ignoring the combination of other methods to solve this problem, such as neglecting the responsibility of corporate employers and managers in dealing with sexual harassment, and paying no attention to solving the problem by changing social attitudes and cultural perspectives  (Hutagalung and Ishak, 2012). At the same time, considering from a legal point of view, in the settlement of sexual harassment, there are still some problems and difficulties, such as blurred boundaries in defining sexual harassment behavior, forms of sexual harassment in the workplace, to what extent a behavior is defined as sexual harassment and should take legal responsibility, and so on. 

There are three elements constituting sexual harassment in the workplace (Li, Chen, Lyu and Qiu, 2016). First, the harassment violates the victim’s wishes. The behavior that the perpetrator implements must be excluded, unwelcome by the victim, there is no request to the victim’ explicit rejection word or behavior, it is more from the subjective attitude to elaborate disgusting and other similar attitude. Second, harassment is manifested as a behavior that is directly related to sexuality. The direct acts here shall include acts of "obscenity" and "rape" defined in criminal laws, as well as a more subtle degree of flexible, implicit injury. Third, harassment takes place in the workplace or during the performance of duties. It is mainly reflected in that an actor can take advantage of its position or other methods to force a victim endure such acts of sexual harassment.

In this reflection paper, the author believes that sexual harassment is still prevalent in our society, in addition to the existence of loopholes in the laws, it is more because the behavior of sexual harassment itself is mostly hidden and difficult to be found, coupled with that it happens in the workplace and it is often involved in an employer-employee relationship, making the situation become more complex (Hutagalung and Ishak, 2012). Victims in a weak position may be due to job opportunities, wages, future development and other reasons to choose to forbear, silently endure, they may also be afraid of opening their own experience because they fear of that their private life will be criticized because of that.  #p#分頁標(biāo)題#e#

To deal with sexual harassment happening in the workplace, first of all, enterprises have the responsibility to prevent sexual harassment in hiring management, they have the obligation to establish a department to listen to staff complaints and give proper resolutions. Then, when there is an employee suffering sexual harassment and choosing to expose the acts, management of the enterprise should ensure that the victim will not be subject to any harm to her interests again, such as facing difficulties in her work, negatively affecting her promotion and salary increase, or even being forced to resign and so on. Finally, due to the influence of the traditional concept, women in a society are still in a relatively weak position, some women choose to silence after being subjected to sexual harassment, it should strengthen the social and cultural propaganda to change this concept (Page and Pina, 2015), while paying attention to the roles of social groups in ensuring women's rights.