What is sexual harassment?

Sexual harassment in relation to employment means any of the following situations;

a. A direct or implicit request to an employee for sexual intercourse, sexual contact, or any other form of sexual activity that contains-

• An implied or express promise of preferential treatment in employment;
• An implied or express threat of detrimental treatment in employment; or
• An implied or express threat about the present or future employment status of the employee;

b. Use of language, whether written or spoken of a sexual nature, such as unwelcome verbal advances, sexually oriented comments, requests for sexual favours, jokes of a sexual nature, offensive flirtation or obscene expressions of sexual interest that are addressed directly to the person;

c. Use of visual material of a sexual nature, such as display of sexually suggestive pictures, objects, or written materials, or sexually suggestive gestures; and showing physical behavior of a sexual nature, such as unwanted and unwelcome touching, patting, pinching, or any other unsolicited physical contact

The above must directly or indirectly subject the employee to behavior that is unwelcome or offensive to that employee and that, either by its nature or through repetition, has a detrimental effect on that employee’s employment, job performance, or job satisfaction.

Is there a requirement for an organisation to have a policy against sexual harassment?

The Employment (Sexual Harassment) Regulations, of 2012 require any person who employs 25 or more people to have a sexual harassment policy. Though organizations that employ below 25 people may not be required to have this policy by law, it is good practice for every organization to have the policy.

What are the key issues that a sexual harassment policy of an organisation should focus on?

The following are important when developing a sexual harassment policy for an organization;

• A clear definition of sexual harassment at the workplace (it would be important that such definition does not conflict with one provided by the regulations.
• Capture circumstances unique to the organization that may promote sexual harassment.
• A provision that makes sexual harassment at work unlawful and provisions for sanctions in cases where this is violated.
• Care should be taken to cater for power relations and ensure minority or staff who are vulnerable (either because of their sex, position in the organization or social standing, etc).
• Mechanisms through which workers can report cases of sexual harassment without being punished or stigmatized after.
• Provide for mechanisms to address sexual harassment at the workplace. The mechanisms should be such that they do not stigmatize possible victims.
• Make a policy in the most easily understandable form or language commonly used at the office. This should be able to cater for needs of different levels of staff e.g. staff who may not be able to read and comprehend English.

What are the duties of an employer when it comes to sexual harassment?

The employer has several duties when it comes to sexual harassment at work. Some of them include the following;

• The duty to put in place measures that ensure sexual harassment does not happen at work or during work.
• A duty to ensure that where sexual harassment happens at work, there are measures to address it.
• A duty to provide each employee with a copy of the sexual harassment policy.
• A duty to provide to each new employee a copy of the sexual harassment policy upon commencement of employment and inform the employee of his or her right to report cases of sexual harassment.
• A duty to post the sexual harassment policy in a conspicuous area at the workplace or make it easily accessible for all staff.
• A duty to post the names, positions and telephone contacts of the members of the sexual harassment committee in a conspicuous area at the workplace and to ensure all staff are able to access places where they can lodge complaints.

What are the duties of an employee when it comes to sexual harassment?

Generally, the duties of employees in relation to sexual harassment are majorly two;

• Not to engage in activities that can amount to sexual harassment, and
• To report cases of sexual harassment that happen to him or her.