“Twenty years ago, a manager slapping a colleague on the buttocks as a form of ‘encouraging’ communication was often seen as normal behaviour and tolerated through gritted teeth. Today, attitudes are different,” says Laima Vengalė-Dits, who has been investigating workplace sexual harassment cases since 1999.

In this interview, the lawyer shares her experience of the challenges involved in investigating sexual harassment cases, reflects on changing public attitudes towards gender stereotypes, and discusses what should be done to prevent such behaviour.

Your first investigation at the Office concerned workplace sexual harassment. Could you tell us more about it?

I began working at the Office when the first Equal Opportunities Ombudsperson was appointed. She was responsible for overseeing the implementation of the Law on Equal Opportunities for Women and Men, which came into force in 1999. The law prohibited discrimination on the grounds of sex, including sexual harassment.

As far as I remember, the first sexual harassment complaint was assigned to me. It was submitted by a man, although the complaint was ultimately not upheld. However, the second case stayed with me far more vividly because it was extremely complex. A woman complained that she had been harassed by a colleague at work. The man accused of harassment did not deny his behaviour, but claimed it had merely been a joke — although it was certainly no joke for the woman involved.

The employee suffered severe emotional distress, which also affected her physical health. Investigating the complaint was particularly difficult because the alleged harasser enjoyed diplomatic immunity, meaning legal liability could not be applied.

What are the typical characteristics of sexual harassment cases?

In our experience, the harasser is most often a company manager, head of department, organisational leader or simply a colleague. In the vast majority of cases, the victim is a female subordinate. That said, I do remember several complaints in which the complainants alleged harassment by another woman.

There have also been cases in which close or intimate relationships between colleagues were initially consensual. However, when one party decided to end the relationship, the other began threatening to reduce wages, worsen working conditions or create a hostile working environment.

What challenges do victims face? What is the most difficult aspect of investigating such cases?

Victims often experience severe emotional shock, and their psychological and physical wellbeing may be affected. Sexual harassment constitutes a serious intrusion into a person’s private life, and many people find it difficult to speak openly about what has happened. As a result, psychological support is often the most important form of assistance.

In cases of workplace sexual harassment, employers must respond appropriately by taking steps to protect the victim from contact with the harasser and by offering psychological support.

The greatest challenge in these cases is gathering evidence. Witnesses are often reluctant to provide statements because they fear losing the employer’s trust or damaging their relationship with management — particularly when the alleged harasser is a manager.

It should also be noted that the cases we see represent only a small fraction of what is actually happening. Many women still hesitate to approach institutions because they fear negative consequences for their careers or personal lives. Others feel ashamed, or fear that their spouse, partner or friends may learn about what they have experienced.

Some people are unsure about what constitutes sexual harassment. For example, if a man places his arm around a colleague’s waist at a work party, would that be considered harassment?

It is important to remember that sexual harassment always involves unwanted behaviour. It violates a person’s dignity and creates an intimidating, humiliating or offensive environment.

Therefore, if a hug at a party is welcome and acceptable to both parties, and takes place with explicit consent, it would not constitute sexual harassment. The term “harassment” itself carries a negative meaning. Such conduct occurs against a person’s wishes and may involve physical actions, words, gestures or other forms of unwanted behaviour.

In which situations would you advise someone to contact the authorities, and when might speaking directly to the harasser be enough?

There is no universal solution, as every case is different. Each situation must be assessed individually, taking into account the nature of the harassment, its duration, repetition, consequences and other relevant factors.

However, for a victim who works in the same organisation as the harasser, continuing to work under the constant threat of harassment is likely to be both difficult and unsafe. Of course, a person can tell the harasser to stop, but they should not feel obliged to justify themselves or explain their feelings.

It is also important to understand that not everyone is able to respond clearly and directly in such situations. Fear and stress can inhibit a person’s ability to react. Someone may be shocked or confused by the harasser’s unexpected behaviour and therefore unable to say a firm “no” or stop the harassment immediately.

For this reason, victims should inform their employer about the harassment as soon as possible, either verbally or in writing. Employers are responsible for ensuring the victim’s safety at work and creating working conditions free from harassment. They must also investigate such reports promptly and make fair and objective decisions.

Surveys commissioned by the Office show that certain long-standing gender stereotypes in Lithuania are changing. How has public understanding of sexual harassment evolved?

Sexual harassment existed in the past and still exists today. However, people have become more aware of what kinds of behaviour constitute sexual harassment. The introduction of legal regulation, increased media coverage and the impact of the #MeToo movement have all contributed to decreasing tolerance for such conduct.

Twenty years ago, behaviour such as a manager slapping a colleague on the buttocks, constantly placing an arm around her shoulders or waist in a supposedly “friendly” or “collegial” manner, or telling sexually explicit jokes and anecdotes, was often regarded as normal and tolerated reluctantly. Today, such behaviour is no longer accepted — particularly in the workplace.

People from different professions may still have different communication styles and workplace cultures, but younger employees entering the workforce today are generally far more critical of behaviour that infringes on personal privacy or psychological and physical integrity.

Public attitudes towards the very concept of sexual harassment have also changed significantly. Twenty-five years ago, many people treated the issue as a joke or dismissed it as a problem invented by women. That perception has largely disappeared, thanks in part to stricter legal regulation. Sexual harassment is now widely recognised as a serious violation of the law.

How do you assess Lithuania’s legal framework on sexual harassment? What changes would you recommend?

At present, Lithuanian law does not specifically prohibit sexual harassment in public spaces such as bars, clubs, gyms or public transport, even though such incidents are by no means uncommon. This is reflected in various studies and surveys, and people also approach the Office regarding such cases.

For this reason, we propose introducing administrative liability for sexual harassment committed in public spaces.

We also propose removing the requirement for a relationship of dependence between the harasser and the victim under the Criminal Code provisions on sexual harassment. For example, workplace sexual harassment is currently punishable only if the harasser holds a managerial position. Where no subordinate or dependent relationship exists, criminal liability does not currently apply.

What role does the Office play in addressing sexual harassment?

The Office of the Equal Opportunities Ombudsperson has been investigating workplace sexual harassment cases since 1999. Later amendments to equal opportunities legislation extended the prohibition of sexual harassment to the fields of education, science, studies, the provision of goods and services, and the activities of professional organisations.

The Office often emphasises that employers bear primary responsibility for preventing harassment, including sexual harassment. What should employers do?

Employers should adopt clear policies on the prevention of harassment and sexual harassment, outlining the procedures to be followed when a report is received.

It is also advisable to establish professional conduct guidelines that define acceptable communication in the workplace, including the use of certain words, expressions, jokes or anecdotes, so that employees are not exposed to offensive or sexually suggestive behaviour.

Workplace policies may also address issues such as greetings, compliments, appearance and discussions about private life. The workplace should be an environment in which employees feel safe and free from harassment or sexual harassment.

Importantly, such policies should not simply sit unread in drawers or internal document systems. Employers should regularly remind staff about them, organise training sessions and encourage employees to share their views on what kinds of behaviour may constitute harassment and what would help create a safer working environment.

Employers and their representatives must also respond promptly and responsibly to all reports of sexual harassment, establish independent investigation committees, ensure that victims are protected from contact with alleged harassers, and provide appropriate support to victims.

The text is part of the project “VIOLET: Towards workplaces without sexual harassment and violence“, funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union. The European Union cannot be held responsible for them.”