Corporate Obligations in Anti-Sexual Harassment in the Workplace: A Comparison Based on Chinese and U.S. Laws

Abstract

A major societal issue nowadays is workplace sexual harassment. It has become increasingly important to clarify the responsibilities of enterprises further, improve legislation in related areas, and analyze the governance experiences of different countries. This paper adopts a comparative textual analysis, combining Chinese and American laws and relevant cases to show the history of changes and different ways of regulating workplace sexual harassment in both countries. Combining the advantages and disadvantages of the two, the author proposes a regulatory model centered on gender discrimination and combined with the protection of human dignity. This will provide theoretical support for establishing a sound system of ex-ante prevention and ex-post relief. At the same time, this paper provides a systematic explanation of sexual harassment in the workplace from multiple perspectives, such as the evidence system and legal and economic analysis. This article would provide new perspectives for the effective regulation of such issues.