Insufficient legislation on sexual harassment in the workplace in China leads to the identification of sexual harassment in the workplace and the responsibility of employers in legal practice can only rely on the discretion of judges. China’s legislation only stipulates in principle the employer’s obligation to prevent sexual harassment in the workplace. In the process of sexual harassment in the workplace, the employers often get into trouble and face legal risks due to the defects in the content and procedures of labor rules and regulations, improper use of monitoring facilities in the workplace, infringement in internal investigation and evidence collection, and improper treatment of the actor by the employer.China should enact special legislation on workplace sexual harassment, formulate regulations on prevention and treatment of workplace sexual harassment, clearly define workplace sexual harassment, specify prevention obligations, clarify employers’ responsibilities, regulate employers’ power of punishment, and protect the legitimate rights and interests of both employers and employees. Employers should enhance the awareness of the law, establish detailed labor rules and regulations, improve workplace transparency and establish effective handling mechanisms and other measures, to create a fair and harmonious workplace environment, effectively prevent workplace sexual harassment, and achieve the benefits of both labor and capital.