Regulating Sexual Harassment in the Workplace: U.S. Experience and Policy Lessons for Vietnam

Sexual harassment in the workplace is not merely a violation of human rights but a structural impediment to labor productivity and social order. It also causes negative consequences for the working environment, labor productivity, and social order. In Vietnam, although labor law has recognized and initially regulated sexual harassment in the workplace, the current legal framework still contains many limitations in both substantive provisions and enforcement mechanisms. These shortcomings are particularly evident in the identification of harassing conduct, the allocation of employer responsibilities, and the establishment of effective mechanisms for victim protection. This article employs a comparative legal analysis of the United States and Vietnam. By examining U.S. legal standards under Title VII of the Civil Rights Act and landmark Supreme Court precedents, the article clarifies the legal evolution of defining harassment, preventive obligations, and the “affirmative defense” doctrine. Based on this approach, the article identifies existing normative gaps in Vietnamese law and proposes policy recommendations aimed at improving the legal framework toward greater transparency, effectiveness, and consistency with international legal standards.