amanda castleman - italian workplace harassment

MS Magazine
pending publication

A pressing problem
Can Bella Italia curtail its tradition of sexual harassment?

"A prison sentence
is likely when the
harassment is from a
relative, boss or a
group of men. If you
mix power and violence
your freedom is forfeit,"
said feminist writer
Monica Lanfranco.

Women totter the cobbled streets in high heels, cleavage bursting into the Italian sunshine. Men strike Marlon Brando poses, extravagant compliments ready on pouting lips. The food is lush, the wine and coffee coveted the world over. The melodramatic ruins, the climate, the fashion all encourage sensuality. And the Italians pride themselves on this voluptuousness – but its role in the workplace is being hotly contested.

As the European Union updates its antiquated policies, Italy struggles to define, punish and prevent sexual harassment in the workplace. The contradictory legal system offers little guidance. The highest appeal court decided that a pat on the bottom was acceptable in January. Ten days later judges forbade touching a woman’s breast

The most recent outburst was triggered by a boss who touched a female employee, then threatened to block her career if the episode came to light. She refused to be blackmailed and sued. The manager was condemned to a hefty 18 months in jail, but the verdict was overturned by Italy’s highest appeals court, La Cassazione. Judges let him off the hook because it only happened "once and impulsively" and, furthermore, no proof existed that the gesture was sexual.

The fiasco left Italians reeling – and giggling from the sheer absurdity. The verdict was branded a "new cause of humiliation and shame," by Alessandra Mussolini, a far-right Member of Parliament and granddaughter of the wartime dictator. "It’s a question of respect for women. A smack – even if it’s isolated – is harassment if that is how it’s seen by the person who receives it. We have to put an end to this."

Alessandra Pauncz was somewhat more resigned. "What can I say? It’s inexcusable but unexceptional," said the co-ordinator at the Association Artemsia centre for battered women in Florence. "Italians have trouble with the EU definition of sexual harassment, which is generally based on the perceptions of the victim. They just think ‘says who?’

"Italian women are hesitant to go all the way to court – for very good reasons," she added. But legal protection does exist, for the rare courageous victim. Innuendo, inappropriate jokes and digs may be punished with fines, as in America. Any hint of sexual violence, however, and the aggressor could land behind bars.

"It stops being a crime against morality and becomes a crime against a person," explained feminist writer Monica Lanfranco. "A prison sentences is likely when the harassment is from a relative, boss or a group of men. If you mix power and violence, your freedom is forfeit."

Feminists smile upon the spirit of the law, but its execution disappoints - and enrages. The legal system does not rely on precedents, rather it freshly reinterprets the law each and every case. Results are often inconsistent or, depending on your viewpoint, hypocritical. The 1999 jeans ruling remains infamous: Judges declared it was impossible to rape a woman wearing denim, as tight trousers require co-operation to remove. Another controversial verdict decided a "mere" five minutes of resistance was consent.

An unwelcome kiss on the neck is forbidden, but playing footsie is OK. Bottoms are fair game, breasts are out of line. "The court is very male and very confused," Lanfranco complained. It’s dangerous to compare different parts of the body. You’re like a cow being divided for slaughter!"

Now the Union is wading into the fray, offering a Europe-wide definition of harassment, and forcing employers to police bad behaviour – or face courts. The proposed law also would safeguard jobs before and during maternity leave. Obviously this legislation has its heart in the right place, but can the EU persuade its headstrong children to co-operate? France and Belgium are sitting pretty with a full complement of sexual harassment laws, while Portugal and Greece have none.

The deadline is rapidly approaching: all 15 countries must enact the rules by New Years Day 2002. Given the sluggish pace of EU diplomacy, it’s uncertain if the directive (born in the balmy month of June) will even be approved by then, let alone functioning. "European unity will force Italy into line," Pauncz said optimistically. " I hope they block funding until we implement it."

But laws alone will not stem Italy’s ingrained chauvinism and harassment. In this culture of titanic passions – of sin, confession and redemption – the culprit is clear. Woman is her name. A 1996 EU investigation revealed that Italian females legitimise male behaviour, shrug it off, forgive and forget. Men, on the other hand, solidly blame those saucy wenches, happily hiding behind the myth of the "provocative female".

Sexual harassment, the report asserts, is not about simple courtship gone awry: "the main motivation seemed to be the superior’s narcissistic impulse to exercise power". Indeed, the phrase "sexual blackmail" surfaces all too often. Unemployment is high, the economy turbulent and job mobility rare: it’s hardly surprising that bullies hold sway.

Ironically, for a country with a strong Communist party, there is no solidarity among the workers. Women are usually silent observers of abuse. They don’t want the tables to turn, to swell the ranks of victims. Or worse, they think the women concerned "were asking for it", according to the report. The hierarchy offers no comfort. Small businesses tend to cover up such cases. Larger companies dismiss the most disruptive party. The squeaky wheel gets the most oil – and a new job … if she’s lucky.

The ‘Resistance’ is largely underground, leaving women to fight battles in isolation. Equal Opportunities Commissions can’t accomplish much in a country where political power changes as often as Jennifer Aniston’s hairstyle (governments last a year on average). Unions are hesitant to put muscle behind a so-called minority issue, and the concerns of the "women’s auxiliary" rarely make it to the negotiating table. Feminism, the obvious champion for workplace rights, has largely fallen off the radar.

At the end of the day, Italians remain wary of their best weapon: the legal system. More of the same just doesn’t excite them. Most feminists believe education is the only cure. "It’s a cultural problem," Lanfranco agreed. "Machismo needs to stop when boys and girls are little. No law can change people’s minds."

Rewiring a culture is no small task on the best of days. Moreover Italians must first look past the plunging necklines, the playful flirtations, the proud passion of their ancestors. The wolf whistles and cries of "ciao bellissima" must be left on work’s doorstep, a clear line drawn between labour and love. But chances are good, given the 1970s swift about-face on divorce, abortion and male domestic authority.

My money’s on Italy, for a new mix of sex and sensibility.

This piece was commissioned by MS magazine months before its reshuffle and relocation in winter 2002. Given the resulting chaos, the article has not yet run (though it has survived two redrafts and one international misunderstanding).

In this culture
of titanic passions
– of sin, confession
and redemption
– the culprit is clear.
Woman is her name.

"Machismo needs to
stop when boys and
girls are little. No
law can change
people’s minds."

Back to the portfolio

MS Magazine pending publication		A pressing problem Can Bella Italia curtail its tradition of sexual harassment?
"A prison sentence is likely when the harassment is from a relative, boss or a group of men. If you mix power and violence your freedom is forfeit," said feminist writer Monica Lanfranco.		Women totter the cobbled streets in high heels, cleavage bursting into the Italian sunshine. Men strike Marlon Brando poses, extravagant compliments ready on pouting lips. The food is lush, the wine and coffee coveted the world over. The melodramatic ruins, the climate, the fashion all encourage sensuality. And the Italians pride themselves on this voluptuousness – but its role in the workplace is being hotly contested. As the European Union updates its antiquated policies, Italy struggles to define, punish and prevent sexual harassment in the workplace. The contradictory legal system offers little guidance. The highest appeal court decided that a pat on the bottom was acceptable in January. Ten days later judges forbade touching a woman’s breast The most recent outburst was triggered by a boss who touched a female employee, then threatened to block her career if the episode came to light. She refused to be blackmailed and sued. The manager was condemned to a hefty 18 months in jail, but the verdict was overturned by Italy’s highest appeals court, La Cassazione. Judges let him off the hook because it only happened "once and impulsively" and, furthermore, no proof existed that the gesture was sexual. The fiasco left Italians reeling – and giggling from the sheer absurdity. The verdict was branded a "new cause of humiliation and shame," by Alessandra Mussolini, a far-right Member of Parliament and granddaughter of the wartime dictator. "It’s a question of respect for women. A smack – even if it’s isolated – is harassment if that is how it’s seen by the person who receives it. We have to put an end to this." Alessandra Pauncz was somewhat more resigned. "What can I say? It’s inexcusable but unexceptional," said the co-ordinator at the Association Artemsia centre for battered women in Florence. "Italians have trouble with the EU definition of sexual harassment, which is generally based on the perceptions of the victim. They just think ‘says who?’ "Italian women are hesitant to go all the way to court – for very good reasons," she added. But legal protection does exist, for the rare courageous victim. Innuendo, inappropriate jokes and digs may be punished with fines, as in America. Any hint of sexual violence, however, and the aggressor could land behind bars. "It stops being a crime against morality and becomes a crime against a person," explained feminist writer Monica Lanfranco. "A prison sentences is likely when the harassment is from a relative, boss or a group of men. If you mix power and violence, your freedom is forfeit." Feminists smile upon the spirit of the law, but its execution disappoints - and enrages. The legal system does not rely on precedents, rather it freshly reinterprets the law each and every case. Results are often inconsistent or, depending on your viewpoint, hypocritical. The 1999 jeans ruling remains infamous: Judges declared it was impossible to rape a woman wearing denim, as tight trousers require co-operation to remove. Another controversial verdict decided a "mere" five minutes of resistance was consent. An unwelcome kiss on the neck is forbidden, but playing footsie is OK. Bottoms are fair game, breasts are out of line. "The court is very male and very confused," Lanfranco complained. It’s dangerous to compare different parts of the body. You’re like a cow being divided for slaughter!" Now the Union is wading into the fray, offering a Europe-wide definition of harassment, and forcing employers to police bad behaviour – or face courts. The proposed law also would safeguard jobs before and during maternity leave. Obviously this legislation has its heart in the right place, but can the EU persuade its headstrong children to co-operate? France and Belgium are sitting pretty with a full complement of sexual harassment laws, while Portugal and Greece have none. The deadline is rapidly approaching: all 15 countries must enact the rules by New Years Day 2002. Given the sluggish pace of EU diplomacy, it’s uncertain if the directive (born in the balmy month of June) will even be approved by then, let alone functioning. "European unity will force Italy into line," Pauncz said optimistically. " I hope they block funding until we implement it." But laws alone will not stem Italy’s ingrained chauvinism and harassment. In this culture of titanic passions – of sin, confession and redemption – the culprit is clear. Woman is her name. A 1996 EU investigation revealed that Italian females legitimise male behaviour, shrug it off, forgive and forget. Men, on the other hand, solidly blame those saucy wenches, happily hiding behind the myth of the "provocative female". Sexual harassment, the report asserts, is not about simple courtship gone awry: "the main motivation seemed to be the superior’s narcissistic impulse to exercise power". Indeed, the phrase "sexual blackmail" surfaces all too often. Unemployment is high, the economy turbulent and job mobility rare: it’s hardly surprising that bullies hold sway. Ironically, for a country with a strong Communist party, there is no solidarity among the workers. Women are usually silent observers of abuse. They don’t want the tables to turn, to swell the ranks of victims. Or worse, they think the women concerned "were asking for it", according to the report. The hierarchy offers no comfort. Small businesses tend to cover up such cases. Larger companies dismiss the most disruptive party. The squeaky wheel gets the most oil – and a new job … if she’s lucky. The ‘Resistance’ is largely underground, leaving women to fight battles in isolation. Equal Opportunities Commissions can’t accomplish much in a country where political power changes as often as Jennifer Aniston’s hairstyle (governments last a year on average). Unions are hesitant to put muscle behind a so-called minority issue, and the concerns of the "women’s auxiliary" rarely make it to the negotiating table. Feminism, the obvious champion for workplace rights, has largely fallen off the radar. At the end of the day, Italians remain wary of their best weapon: the legal system. More of the same just doesn’t excite them. Most feminists believe education is the only cure. "It’s a cultural problem," Lanfranco agreed. "Machismo needs to stop when boys and girls are little. No law can change people’s minds." Rewiring a culture is no small task on the best of days. Moreover Italians must first look past the plunging necklines, the playful flirtations, the proud passion of their ancestors. The wolf whistles and cries of "ciao bellissima" must be left on work’s doorstep, a clear line drawn between labour and love. But chances are good, given the 1970s swift about-face on divorce, abortion and male domestic authority. My money’s on Italy, for a new mix of sex and sensibility. This piece was commissioned by MS magazine months before its reshuffle and relocation in winter 2002. Given the resulting chaos, the article has not yet run (though it has survived two redrafts and one international misunderstanding).
In this culture of titanic passions – of sin, confession and redemption – the culprit is clear. Woman is her name.
"Machismo needs to stop when boys and girls are little. No law can change people’s minds."
		*Back to the portfolio*