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“Belittling Grievances: Legal Consciousness and Strategic Non-mobilization in Chinese Workplace Harassment“
Jiahui Duan
Law & Society Review
Published online: April 2025
Abstract: This article investigates the interplay between legal consciousness and legal mobilization in Chinese workplace sexual harassment cases. Drawing on 78 in-depth interviews with victims and fieldwork observations, it argues that second-order legal consciousness – the understanding of law derived from observing others’ experiences within relational networks – acts as a lens through which experiences of harassment are interpreted, inhibiting formal legal mobilization. Findings reveal that Chinese employees, facing a legal framework with limited protections and workplace hierarchies that discourage dissent, often strategically avoid formal reporting to safeguard their positions. This calculated inaction is informed by second-order legal consciousness, reinforced by the belittling of grievances, where complaints are minimized, dismissed, or normalized. Consequently, grievances are channeled away from formal, employment-based reporting toward individualized or gender-based remedies, which fail to address the systemic nature of workplace harassment. Bridging legal consciousness and mobilization literatures, this study reveals how the two concepts interact within Chinese workplaces. It further demonstrates that the belittling of employee grievances is not only a barrier to mobilization but also a crucial source of second-order legal consciousness, thus shaping victims’ decisions and perpetuating a cycle of non-reporting.