"Sexual harassment" has been a topic of intense public concern in recent years. Lately, the case of Alibaba’s female employees facing sexual harassment in the workplace has sparked widespread outrage and continued to gain momentum, reigniting multi-faceted discussions on "workplace sexual harassment." Meanwhile, news about Tencent interns privately messaging Pony Ma to urge the company to implement a policy banning mandatory after-work drinking sessions also topped Weibo’s trending list.

Regarding the Alibaba incident, based on the accounts circulating online and the official announcement released by Alibaba, the sequence of events can be largely reconstructed as follows: An Alibaba female employee reported that during a business trip at the end of July, she was asked by her male supervisor to join him for drinks with a client. At the gathering, the male businessman allegedly groped her breasts, legs, and private areas, and later escorted her into an empty private room where he allegedly committed indecent acts. The male supervisor, meanwhile, reportedly brought condoms into the hotel room and proceeded to assault her. After the incident, the employee immediately filed a police report and informed her direct supervisor at Alibaba. However, despite multiple complaints, Alibaba failed to provide any resolution—so much so that when she sought help in a company-wide chat group, she was even removed from the conversation altogether. On August 6, the employee publicly shared the details of the incident online, sparking widespread attention. In response, Alibaba issued an official statement on the evening of August 7, announcing that the employee involved had been suspended pending further investigation and pledging full cooperation with law enforcement authorities. Early on August 9, Alibaba Group Chairman Zhang Yong shared preliminary internal findings and disciplinary actions regarding the "employee assault" case via the company’s intranet. As a result, the employee in question was terminated and barred from future employment with the company; several senior leaders involved took responsibility by resigning, while Alibaba’s Chief Human Resources Officer received a formal reprimand.

This incident has sparked a widespread online discussion among the public about "sexual harassment," particularly "workplace sexual harassment," with many netizens sharply criticizing Alibaba Group's initial handling of the situation. In 2018, a survey on workplace sexual harassment revealed that 70.8% of women had experienced some form of harassment at work—though often at varying degrees. However, due to imperfections in legal regulations related to sexual harassment, combined with challenges in gathering evidence, victims frequently hesitate to pursue legal action for fear of their personal privacy being exposed, concerns about reputational damage, or even retaliation from their employers. The author conducted a search for court cases involving workplace sexual harassment and found that fewer than 1,000 such cases are publicly available across the entire internet.

Workplace safety is a topic that every professional and every organization should take seriously. It’s crucial to address how employees can protect themselves in the workplace, what steps they can take to seek legal recourse after experiencing harassment, the legal responsibilities faced by perpetrators of sexual harassment as well as employers, and how companies can fulfill their statutory obligations to prevent and address workplace sexual harassment. Drawing on this recent incident, StarLawyers will analyze key legal issues surrounding workplace sexual harassment in the following discussion—focusing on three critical areas: the evolution of China’s legislation on workplace harassment, the legal liabilities of both harassers and employers, and the essential compliance measures employers must implement to proactively prevent and combat such behavior. We hope these insights will spark meaningful dialogue and provide you with valuable guidance and inspiration.

I. The Evolution of China’s Legislation on Workplace Sexual Harassment

Objectively speaking, up until now, China's legal regulations regarding workplace sexual harassment have not been comprehensive.

In 2005, China explicitly incorporated "sexual harassment" into its legal framework for the first time by amending the Law on the Protection of Women's Rights and Interests. The law stipulates: "Sexual harassment against women is prohibited. Victims have the right to lodge complaints with their workplaces and relevant authorities." It also clarifies the legal responsibilities of perpetrators of sexual harassment: "Anyone who violates this law by engaging in sexual harassment or domestic violence against women—and whose actions constitute a breach of public security management regulations—may file a request with public security organs for administrative penalties against the offender as permitted by law. Alternatively, victims may pursue civil litigation in people's courts according to the law."

In 2011, the State Council issued the "Notice on the China Women's Development Program and the China Children's Development Program," which, in Section (7), "Women and the Law," stipulated: "Effectively prevent and stop sexual harassment against women. Establish and improve regulations and institutional mechanisms to prevent and address sexual harassment, and strengthen efforts to crack down on such behavior. Employers must implement effective measures to safeguard employees from workplace sexual harassment." This marked the first time that China explicitly required employers to take proactive steps to prevent sexual harassment in official documents. However, as a "document of effectiveness" with a relatively low hierarchical status, it has not garnered widespread attention or universal application.

In 2012, the State Council issued the "Special Provisions on Labor Protection for Female Employees," which clearly outlines employers' obligations to prevent and address sexual harassment in the workplace. The document also specifies the consequences for employers who fail to comply: "Employers shall prevent and stop sexual harassment of female employees in the workplace," and "If an employer violates these provisions, infringing upon the legitimate rights and interests of female employees and causing them harm, they shall be required to provide compensation in accordance with the law…"

As the legislative process advances, legal regulations have gradually introduced prohibitive provisions against "sexual harassment" and mandatory requirements obligating employers to take proactive measures to prevent and address such behavior. However, the regulatory framework remains relatively vague. Specifically, clear definitions of what constitutes sexual harassment, detailed guidelines on employers' obligations, and precise outlines of employer liability have yet to be established.

On December 12, 2018, the Supreme People’s Court issued the "Notice on Adding Causes of Action for Civil Cases," officially incorporating "Disputes over Liability for Damages from Sexual Harassment" as a third-level cause of action under "Tort Liability Disputes" in the *Regulations on Causes of Action for Civil Cases*. This move provides robust support for people's courts to promptly accept and handle cases involving sexual harassment. Prior to this, all cases related to sexual harassment could only be filed under the second-level cause of action—"Disputes over Personality Rights." With the addition of this new cause of action, the challenges in initiating lawsuits for "sexual harassment cases" have been alleviated to some extent. According to research, within just three years after 2018, the number of sexual harassment lawsuits filed matched the total number of cases filed in the preceding years combined.

The Civil Code, officially implemented in 2021, for the first time provides relatively clear legal provisions regarding the elements that constitute sexual harassment and the measures employers are required to take. Article 1,010 of the Civil Code states: "If someone engages in sexual harassment against another person through verbal, written, visual, or physical actions without their consent, the victim has the right to legally demand that the perpetrator assume civil liability. Organizations such as government agencies, enterprises, and educational institutions must adopt reasonable preventive measures, establish complaint-handling mechanisms, conduct thorough investigations, and take appropriate disciplinary actions to prevent and stop sexual harassment conducted using positions of authority or subordinate relationships." Compared to previous legal frameworks, the Civil Code’s provisions on "workplace sexual harassment" are now more specific—and importantly, they no longer focus solely on protecting "female" employees. However, regrettably, the Civil Code still fails to specify how employers should be held accountable if they fail to fulfill their obligations, which may lead to challenges in applying the law during judicial proceedings.

Notably, in February 2008, the All China Lawyers Association’s Anti-Domestic Violence Network, the Gender and Law Research Center of the Institute of Legal Studies at the Chinese Academy of Social Sciences, and the Task Force on Workplace Sexual Harassment jointly hosted the "Conference to Release Findings from the Study on Workplace Sexual Harassment and a Seminar on Judicial Interpretations." During the event, they also unveiled the draft expert recommendations for the judicial interpretation titled "Several Provisions on How People's Courts Handle Sexual Harassment Cases." According to members of the Task Force on Workplace Sexual Harassment, the drafting process of this recommendation took three years. The draft provides a clear definition of sexual harassment, outlines the scope of civil compensation for related infringement cases, and introduces procedural guidelines tailored specifically to the unique characteristics of such cases—both in terms of trial procedures and enforcement measures. Moreover, to effectively prevent workplace sexual harassment at its root, the draft outlines the obligations and liability frameworks that employers must adhere to, clearly distinguishing between scenarios where employers assume joint liability versus supplementary liability. Unfortunately, despite these comprehensive proposals, the document was ultimately not issued or implemented as a formal judicial interpretation.

II. Legal Responsibilities of Perpetrators of Workplace Sexual Harassment and Employers

(1) Civil Liability to Be Assumed by the Perpetrator

According to legal provisions, individuals who engage in sexual harassment may face administrative penalties under the "Law on Public Security Administration Punishments," including detention or fines. Alternatively, they could also be sued and held liable for civil damages. Under the basic framework of civil liability, the type of responsibility that sexual harassers typically bear is tort liability, and plaintiffs often seek compensation for emotional distress. A notable case recently heard by the Sichuan Provincial Higher People’s Court—Case No. (2020) Chu Min Shen 4679, titled "Liu Meng, Xu Ling, and Chengdu Yitian Public Welfare Social Work Service Center v. Sexual Harassment Damage Liability Dispute"—marks the first publicly reported instance where a plaintiff successfully won damages after sexual harassment was recognized as an independent cause of action for harm. However, a review of existing cases reveals that courts generally award damages for emotional distress ranging between 5,000 and 10,000 yuan—amounts that often fail to even cover the plaintiffs’ litigation costs. This low level of compensation is precisely why many victims hesitate to pursue legal action. We therefore urge both the Supreme People’s Court and local courts at all levels to leverage this landmark case as a guiding example, revising their interpretation of the "Several Interpretations of the Supreme People’s Court on Issues Concerning the Determination of Civil Tort Liability for Emotional Distress" to raise the benchmark for damage awards in such cases. By doing so, we can better safeguard and compensate victims for the emotional toll of sexual harassment, while also encouraging more survivors to bravely seek justice through the legal system.

(II) Legal Responsibilities of Employers

The Civil Code stipulates that employers have a legal obligation to prevent and stop sexual harassment. It clearly outlines that institutions such as government agencies, enterprises, and educational institutions must implement reasonable measures—including prevention, complaint handling, and investigation—to safeguard against and address sexual harassment conducted through abuse of power or hierarchical relationships. However, the law does not specifically outline the legal liabilities employers would face if they fail to fulfill these obligations. Therefore, under the general principles of tort liability, employers are held accountable for negligence-based torts. On this issue, Professor Wang Liming offers this perspective: "While the primary responsibility for compensating victims of sexual harassment still rests with the perpetrator, it doesn’t mean these organizations bear no accountability at all—instead, their liability should be determined based on their degree of fault."

After reviewing cases through our firm's lawyers, we found that there are relatively few instances where victims of workplace sexual harassment have simultaneously sued their employers. In the limited cases examined, none resulted in a court ruling supporting the victim’s claim for compensation against the employer. Typically, the act of sexual harassment occurs first, followed by the victim’s subsequent reporting. By the time employees seek redress from their companies, the harmful behavior has already taken place. As a result, it becomes challenging to establish a clear causal link between the employer’s failure to implement preventive measures and the harm suffered by the employee. For this very reason, the author argues that the scope of the preventive and corrective obligations imposed on employers under the Civil Code should be broadened. Additionally, there is a need to explore the legal formalization of specific types of employer liability—such as joint and several liability or supplementary liability—otherwise, effective protection for employees will remain elusive.

However, in the "Lan v. Hong and a Foreign-funded Company" case, publicized by the Guangzhou Intermediate People's Court, the court ruled that "even though workplace sexual harassment objectively occurred, the employer has already fulfilled its legal obligation to prevent and address such behavior by establishing an appropriate work environment and implementing necessary investigation and complaint mechanisms. Additionally, after receiving the complaint, the company promptly took decisive action to resolve the issue." This judicial determination underscores that, although no cases have yet resulted in employers being held liable, and legislative measures still require further refinement, this obligation remains a statutory duty mandated by the Civil Code. Therefore, employers should strengthen their awareness of institutional safeguards in this area to avoid potential litigation risks arising from negligence or failure to act.

(III) Victims of harassment should enhance their awareness of evidence collection.

As mentioned earlier, whether suing the perpetrator of sexual harassment or the employer, these types of civil cases are classified as tort liability disputes, and the principle of liability applied is generally fault-based. However, due to the inherently secretive nature of such cases and the difficulty in gathering evidence, plaintiffs often find themselves at a disadvantage in litigation under the standard "he who asserts must prove" evidentiary rule. After reviewing and analyzing relevant court rulings in these cases, we found that the primary reason most claims were dismissed was the plaintiff’s inability to provide sufficient evidence demonstrating the perpetrator’s wrongful conduct—or, more specifically, their failure to establish a clear causal link between the employer’s alleged negligence (or lack of duty) and the harm suffered by the plaintiff.

Given the objective challenges in gathering evidence in cases of this nature, we recommend that when an employee experiences workplace sexual harassment, they should first report the incident to the police and collect relevant evidence. At the same time, depending on the severity of the harm suffered, employees may choose to visit a hospital for medical examinations and seek treatment for any psychological or emotional trauma, ensuring that all records related to medical visits—such as diagnostic reports and receipts—are carefully preserved. Next, employees should report the situation to their employer’s relevant department, documenting the details of the report, the progress of the employer’s response, and the methods used in handling the issue. Additionally, it’s crucial to secure any available surveillance footage or witness statements that might indirectly shed light on what occurred. Finally, after the incident, employees should proactively gather further evidence by preserving complete WeChat chat logs and recording audio during any subsequent communications with the perpetrator.

3. Employers should initiate compliance efforts to prevent and address workplace sexual harassment.

With the deepening application of the Civil Code and growing societal attention to the issue of "workplace sexual harassment," the Supreme People's Court and local people's courts may soon introduce additional regulations to refine and clarify the legal responsibilities of employers. Meanwhile, high-profile, similar cases are likely to serve as powerful precedents, setting clear expectations for how such issues should be handled. If employers fail to implement measures aimed at preventing and addressing sexual harassment, they could face legal consequences if accused of inaction—or even if a lawsuit hasn’t yet been filed. As exemplified by the Alibaba incident, even before formal litigation occurs, massive public scrutiny can inflict irreparable and far-reaching damage on a company’s reputation, particularly for large enterprises. Therefore, proactively establishing robust compliance frameworks to prevent and address workplace sexual harassment—effectively building a "safety shield" that safeguards employees—is an essential duty for every employer. Specifically, employers can begin their compliance efforts in this area by focusing on the following key areas:

(1) Creating a Workplace Environment Conducive to Preventing Sexual Harassment

Employers should strive to ensure openness and transparency in workplace layouts, opting for designs that minimize fully enclosed offices—except where necessary. Additionally, men’s and women’s changing rooms and restrooms should be physically separated to help reduce the likelihood of sexual harassment incidents.

(II) Develop systems related to the prevention and control of sexual harassment

Employers should integrate the sexual harassment prevention and control system into their overall labor management framework, clearly defining the specific manifestations of sexual harassment and outlining corresponding disciplinary measures. Additionally, employees who experience harassment should be allowed to take immediate self-help actions in emergencies to prevent further incidents. Employers may also include in the policy scenarios—such as refusing to accompany colleagues for drinks or declining invitations to entertainment venues—that could expose employees to sexual harassment risks. The system must establish a transparent procedure for handling harassment complaints, along with clearly defined timelines for addressing each case.

Employers should note that, given the legislative intent of the Labor Contract Law—to protect workers, the legal basis for an employer to terminate a labor contract is when an employee violates the company’s rules and regulations. Therefore, employers must clearly prohibit employees from engaging in sexual harassment within their internal policies, and during the investigation and evidence-gathering process, they should carefully preserve all relevant documentation to avoid being deemed to have unlawfully terminated the employment relationship in any subsequent labor dispute cases.

(III) Conduct internal education, awareness-raising, and training programs to prevent and address workplace sexual harassment.

Employers should conduct regular training sessions to enhance all employees' awareness of the specific forms of sexual harassment and the associated legal responsibilities. Employees should also become familiar with their rights and obligations within the organization regarding the prevention and management of sexual harassment. Additionally, employers should inform staff about the organization’s established procedures for handling reports of sexual harassment, while fostering a stronger sense of awareness and capability in gathering and preserving evidence of such incidents. Employers may offer specialized training programs for managers and dedicated personnel responsible for addressing sexual harassment, helping them improve their efficiency in handling these sensitive situations, sharpen their ability to accurately identify harassing behaviors, and strengthen the overall effectiveness of their efforts to prevent and respond to sexual harassment incidents.

(4) Ensure smooth complaint channels and establish a rigorous, efficient handling mechanism.

Employers may establish task forces responsible for preventing and addressing sexual harassment within departments such as the Human Resources Department, Discipline Inspection Unit, and Trade Union. These teams should include staff members of both genders to ensure that complainants or whistleblowers feel comfortable reaching out to someone of the opposite sex. To facilitate employee reporting and complaints, employers should provide multiple channels, including a dedicated hotline, fax line, and specialized mailboxes (including email addresses). The task forces must strictly follow the procedures outlined in the established guidelines, ensuring timely resolution of all complaints and reports within the specified deadlines—and must not shirk their responsibilities under any pretext. Additionally, the relevant supervisory authorities are required to conduct regular inspections as well as unannounced spot checks of the task forces' activities.

Employers should be reminded that companies must retain relevant evidence when implementing sexual harassment prevention measures. This way, if the company faces a complaint or lawsuit, it will be fully equipped to demonstrate that it has actively fulfilled its obligations to prevent and address sexual harassment.

The workplace, often referred to as a second "home" in life, is where every employee deserves a safe and clean working environment—and providing such an environment is a legal obligation that every employer must fulfill. When unexpected situations arise, we hope every employee will equip themselves with sufficient legal knowledge to safeguard their legitimate rights and interests. At the same time, we urge every employer to take workplace sexual harassment prevention and intervention seriously, rather than dismissing it as insignificant or ignoring it altogether.