Litigating Workplace Sexual Harassment in China: Practical Challenges & Proposed Solutions

Authors

Abstract

Abstract: The development of China’s anti-sexual harassment laws and policies over the past few decades has raised the hopes of many. However, the sheer volume of regulations can easily create the false impression that the Chinese legal system is effectively dealing with workplace sexual harassment. Statistics show that the number of lawsuits filed in Chinese courts remains trivial, even though workplace sexual harassment continues to be widespread. This article argues that courts in China misunderstand how to apply important concepts in litigation such as how to define sexual harassment and employer liability. The difficulty of carrying the burden of proof in workplace sexual harassment litigation also hinders legal remedies.  This article offers concrete proposals for advancing China’s ongoing legal reform on workplace sexual harassment law by reconceptualizing workplace sexual harassment, adopting fairer evidence rules, and firmly establishing an employer liability framework.

First Page

54

Recommended Citation

Litigating Workplace Sexual Harassment in China: Practical Challenges & Proposed Solutions, 35 Wash. Int’l L.J. 54 (2026).
Available at: https://digitalcommons.law.uw.edu/wilj/vol35/iss1/5