Harassment in the Workplace: Laws, Rights, and How to Fight Back.

Harassment is any unwelcome, offensive, or threatening behavior, action, or communication that targets an individual or group, creating an intimidating, hostile, or degrading environment. It can manifest in various forms, including bullying, racial harassment, religious harassment, stalking, mobbing, hazing, and backlash.

Harassment can take different forms, such as sexual, verbal, psychological, physical, and digital.

Harassment and its type in Nepal and the USA

Let’s discuss the types of harassment in tabular form

Type of Harassment	Nepal	USA
Sexual Harassment	Forms of Harassment at work – Verbal: Sexual comments, jokes, threats. – Non-verbal: Obscene gestures, leering. – Physical: Unwanted touching, assault. – Online: Explicit messages, cyberstalking.	Forms of Harassment at work – Quid pro quo: Sexual favors in exchange for work benefits. – Hostile work environment: Repeated offensive sexual behavior.
Harassment in the workplace	– Sexual harassment, bullying, discrimination. – Covered under the Sexual Harassment at the Workplace Prevention Act, 2015.	– Harassment based on race, gender, disability, religion, etc. – Employers can be legally liable under Title VII of the Civil Rights Act, 1964.
Cyber Harassment	– It is covered under Electronic Transactions Act, 2008. – Includes online threats, stalking, revenge porn, and defamation. – Punishment: Up to 5 years imprisonment or NPR 100,000 fine.	– Online stalking, cyberbullying, and revenge porn. – Federal and state-specific laws apply. – Stronger enforcement mechanisms than Nepal.
Public Harassment	– Eve-teasing, catcalling, indecent exposure, stalking. – Covered under Muluki Penal Code, 2017 (Section 227).	– Street harassment, stalking, unwanted advances. – Can lead to criminal charges or restraining orders.

In Nepal, harassment is specifically addressed under the Sexual Harassment at Workplace Prevention Act, 2015. This gender-neutral act is applied to all the employees and it explains harassment as any behavior threatening an individual’s dignity, safety, or mental well-being. It sets legal measures to prevent, address, and penalize harassment, fostering a professional and secure work culture.

In the USA, harassment in the workplace is governed by Title VII of the Civil Rights Act of 1964, which bans harassment based on race, color, religion, sex, or national origin. This law ensures employers maintain a harassment-free workplace, and requires them to address complaints, conduct investigations, and take corrective action. Harassment victims can file complaints with the Equal Employment Opportunity Commission (EEOC), and for failing to prevent or address harassment, employers can face legal consequences.

The ILO Convention on Violence and Harassment, 2019 (No. 190)

According to Convention No. 190, violence and harassment is defined as a range of unacceptable behaviors and practices, and threats, which can be a single occurrence or repeated, aiming or resulting in, physical, psychological, sexual, or economic harm, and includes gender-based violence and harassment.

The Convention on Violence and Harassment, 2019 (No. 190) ensured everyone has the right to a world of work free from violence and harassment and calls on the International Labor Organization (ILO). Member states to adopt an inclusive, integrated, and gender-responsive approach to prevent and eliminate violence and harassment in the world of work.

Legal Framework in Nepal

Nepal’s legal system has many provisions addressing provocation in the workplace, public spaces, and online. The key laws are:

1. Sexual Harassment at Workplace Prevention Act, 2015

• This act explains about sexual harassment in the workplace, including verbal, non-verbal, and physical misconduct.
• Establishing an Internal Complaints Committee in companies for employees to handle complaints.
• Victims in the workplace can report directly to the employer, the police, or the courts.
• Harassment in the workplace can lead to 6 months imprisonment or a fine up to NPR 50,000.

2. Muluki Penal Code, 2017 (Criminal Code)

It covers various forms of persecution under different sections:

• Section 224: It explains about sexual harassment, like touching, verbal abuse, and gestures. Harassment in the workplace can lead to 3 years imprisonment and or a fine up to NPR 30,000.

3. Electronic Transactions Act, 2008

• It addresses cyber harassment, such as online threats, defamation, and obscene content.
• 5 years imprisonment and or a fine up to NPR 100,000.

4. Domestic Violence (Crime and Punishment) Act, 2009

• It protects individuals from persecution within households, including physical, verbal, and economic abuse.
• It provides restraining orders and legal remedies for victims.

5. Labour Act, 2017

• It makes sure companies prevent provocation and discrimination in the workplace.
• Employers must ensure a safe working environment and take immediate action against harassment complaints.

Nepal’s Legal Framework Challenges:

• Lack of awareness about legal provisions.
• Weak enforcement due to social stigma.
• Limited institutional mechanisms to handle workplace complaints.

Legal Framework in the US

The U.S. has a strong legal framework at the federal, state, and local levels addressing various types of harassment.

1. Title VII of the Civil Rights Act, 1964

• It prohibits harassment in the workplace based on sex, race, color, religion, or national origin.
• Covers quid pro quo harassment and adverse work environment harassment.
• Victims can easily file complaints with the Equal Employment Opportunity Commission (EEOC).
• Employers face fines, lawsuits, and employee reinstatement orders as a punishment.

2. Equal Employment Opportunity Commission (EEOC) Guidelines

• It explains about sexual persecution and provides a legal process for victims to seek justice.
• It makes companies establish harassment policies and conduct training.
• Employers are liable if they fail to prevent or address provocation.

3. Violence Against Women Act (VAWA), 1994

• Help in protecting victims of sexual harassment, domestic violence, and stalking.
• Help to provide legal aid, shelter services, and restraining orders for victims.

4. Cyberbullying and Cyber Harassment Laws

• Federal laws prohibit online threats, stalking, and harassment.
• State laws impose fines and jail time for cyber harassment.

5. State-Specific Laws

• States have their anti-harassment laws that go beyond federal protections.

6. Anti-Stalking and Domestic Violence Laws

• Federal and state laws forbid stalking and harassment by their ex-partners.
• Restraining orders are issued to protect victims.

U.S. Legal Framework Challenges:

• Varies by state, leading to inconsistencies in enforcement.
• Workplace retaliation against complainants still occurs.
• Proving harassment, especially digital persecution, can be difficult.

Muluki Criminal Code, 2017 (2074 B.S.)

The Muluki Criminal Code, 2017, also called the Muluki Aparadh Samhita, 2074 is Nepal’s primary criminal law that replaces the old Muluki Ain, 1963. It came into effect on August 17, 2018 (1st Bhadra 2075 B.S.) and defines various criminal offenses, punishments, and legal procedures.

Key Features of the Muluki Criminal Code, 2017

1. Comprehensive Criminal Law
   • It covers crimes like murder, rape, sexual harassment, theft, fraud, cybercrime, and corruption.
   • Introduces modern legal principles to Nepal’s criminal justice system.
2. Classification of Crimes
   • It divides crimes into misdemeanors, felonies, and serious offenses with specific penalties.
3. Human Rights and Protection Laws
   • Strengthened laws against domestic violence, discrimination, torture, and sexual provocation.
4. Harassment and Sexual Violence
   • Section 224: Defines sexual harassment, including verbal, non-verbal, and physical acts leading to a punishment of jail for 3 years and a fine up to NPR 30,000.
   • Section 226: It covers stalking and repeated harassment.
   • Section 227: It prohibits public persecution, including catcalling and inappropriate advances.
5. Cybercrime Provisions
   • It includes criminalizing online provocation, hacking, and electronic fraud.
6. Stronger Punishments for Heinous Crimes
   • Rape: life imprisonment, depending on the victim’s age.
   • Murder: Life imprisonment or capital punishment for extreme cases.
   • Corruption and fraud: Heavy fines and imprisonment.
7. Victim Protection and Fair Trial
   • Strengthens rights of victims, witnesses, and accused individuals.
   • Ensures due process, legal aid, and fair trial rights.

Comparison with the Old Muluki Ain (1963)

Aspect	Muluki Ain, 1963	Muluki Criminal Code, 2017
Legal System	Based on traditional laws and customs.	Modern criminal law principles with detailed classifications.
Persecution & Cybercrime	No clear definitions.	Specific provisions for sexual persecution, cybercrime, and online abuse.
Punishment System	Lighter penalties for certain crimes.	Stricter punishments, especially for rape, murder, and corruption.
Victim Rights	Limited protection.	Stronger victim and witness protection mechanisms.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a landmark federal law in the United States that prohibits workplace discrimination based on race, color, religion, sex, or national origin. It specifically addresses persecution in the workplace and requires employers to maintain a persecution-free environment.

Here are the key factors of Title VII:

1. Prohibition of Discrimination
   • Title VII prohibits discrimination in employment decisions, including hiring, firing, promotions, and compensation based on race, color, religion, sex, or national origin.
2. Workplace Harassment
   • The law prohibits harassment based on protected categories, including sexual harassment and persecution related to race, gender, or religion. Persecution contributes to a hostile work environment if it is frequent and severe enough to interfere with the victim’s ability to work.
3. Quid Pro Quo Harassment
   • Quid pro quo harassment occurs when job benefits such as promotions or raises are tied to an individual’s submission to sexual advances or requests for sexual favors.
4. Employer Liability
   • Employers are liable for provocation that occurs in the workplace, especially if they fail to address complaints or prevent provocation. However, if they can show that they took prompt action to investigate and stop provocation, liability can be reduced.
5. Reasonable Accommodation
   • Title VII also includes laws that employers provide reasonable accommodations for religious practices and beliefs, unless it creates an undue hardship for the business.
6. The Equal Employment Opportunity Commission (EEOC)
   • The EEOC is the federal agency responsible for enforcing Title VII. Individuals who experience workplace harassment or discrimination can file complaints with the EEOC, which may investigate and file a lawsuit on their behalf.
7. Retaliation Protection
   • Retaliation against individuals who file harassment complaints or participate in investigations is prohibited. IT means employees cannot be punished for standing up against harassment or discrimination.
8. Statute of Limitations
   • Employees must file a complaint with the EEOC within 180 days from the date of the alleged discrimination or persecution, or within 300 days if the state or local government enforces its anti-discrimination laws.

Statistical Insights and Corporate Accountability for Nepal

A study conducted by the International Labor Organization (ILO) and the Forum for Women, Law, and Development shows 48.4% of working women in Nepal have experienced harassment at work. However, a 2022 report by the National Women’s Commission (NWC) indicated only 30% of harassment cases are formally reported, primarily due to fear of retaliation and social stigma.

Employers are required to establish internal grievance mechanisms, such as prevention committees and awareness programs. Companies having more than 10 employees must implement mandatory training and transparent reporting systems. Non-compliance can result in fines of up to NPR 50,000 for organizations and NPR 30,000 for individuals, along with potential imprisonment for six months.

Corporates in Nepal are actively working towards a zero-tolerance policy by strictly adopting codes of conduct. Leading organizations like Nabil Bank and Chaudhary Group now mandate annual employee workshops and anonymized complaint portals. Employees can also report harassment via the NWC’s toll-free helpline (1145) or district-level committees.

Statistical Insights and Corporate Accountability for USA

A study by the Equal Employment Opportunity Commission (EEOC) found over 75% of workplace persecution victims do not report incidents due to fear of retaliation. Despite federal protections, the EEOC received over 27,000 workplace persecution complaints, with sexual harassment cases making up 13.6% of total filings.

U.S. employers are legally required to prevent and address harassment under Title VII of the Civil Rights Act of 1964. Companies with 15 or more employees must enforce anti-harassment policies, provide mandatory training, and establish confidential reporting systems. Non-compliance can lead to lawsuits, financial penalties, and reputational damage.

Corporate America is adopting zero-tolerance policies, with major firms like Google and Microsoft implementing anonymous reporting tools, strict disciplinary actions, and regular training programs. Victims can report internally, through state Fair Employment Practices Agencies (FEPAs), or directly to the EEOC on a hotline (1-800-669-4000) for employees seeking legal assistance and workplace protections.

Complaint Process and Victim Protection

The Sexual Harassment at Workplace Prevention (Prevention) Act, 2015 outlines a clear complaint and redressal process internally to the Employer or Manager and externally to the district court, the CDO, police or NWC.

In case of Nepal, you can follow the below key points:

1. Internal Complaint
   • Victims of workplace should first report the issue to their employer, HR department, or workplace complaint committee (if available).
   • Employers are required to investigate and take appropriate action under the Sexual Harassment at Workplace Prevention Act, 2015.

2. Filing a Formal Complaint
   • If internal resolution fails, victims can file a complaint with:
     • Labor Office (for workplace-related harassment)
     • Nepal Police (if harassment involves criminal offenses)
     • National Women Commission (for gender-related harassment cases)

3. Legal Action
   • Cases can be escalated to District Courts under the Muluki Criminal Code, 2017, which defines and penalizes harassment.
   • Offenders may face fines and imprisonment based on the severity of the harassment.

4. Victim Protection
   • Confidentiality: Identities of victims are protected to prevent stigma and retaliation.
   • Retaliation Prohibited: Employers cannot punish employees for filing complaints.
   • Compensation & Support: Victims may be entitled to legal aid, rehabilitation, and compensation for damages.

For the USA you can practise the following key point:

1. Internal Complaint
   • Victims should report to their HR department or a designated supervisor as per company policy.
   • Employers are required to investigate and take corrective action.
2. Filing with the EEOC
   • If internal resolution fails, victims can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days (or 300 days if state laws apply).
   • The EEOC investigates, mediates, and may file a lawsuit if necessary.

3. State Agencies
   • Many states have local Fair Employment Practices Agencies (FEPAs) that provide additional legal protection.

4. Legal Action
   • If the EEOC does not resolve the case, victims receive a Right to Sue letter, allowing them to file a lawsuit in federal or state court.

5. Victim Protection
   • Retaliation is illegal: Employers cannot fire, demote, or harass employees for filing a complaint.
   • Compensation: Victims may receive back pay, reinstatement, emotional distress damages, and attorney fees.
   • Workplace Policy Enforcement: Employers must implement anti-harassment policies, training, and reporting mechanisms.