A COLLABORATIVE effort is going into fine-tuning the Sexual Harassment (Prevention) Bill 2016, which when enacted is intended to clean up any inappropriate behaviour of a sexual nature in the workplace.
The Men’s Education Support Association, one of the organisations asked to dissect the Bill and offer its input, hosted a meeting on Wednesday night, at which Deputy Chief Labour Officer, Victor Felix was the featured speaker. He pointed out that this process began in the first decade of this century and went out to the social partners and other interested parties for comment to be the Bill that it is today. However, he noted that there were fundamental issues to be addressed.
The Bill is intended to make provision for the protection of employees in the public and private sectors from sexual harassment and to provide a framework for reporting and provide a procedure for the hearing and determination of matters related to sexual harassment in the workplace.
While offering a concise look at the Bill in its current form, Felix cautioned that if violated, there could be a $10 000 fine, imprisonment for two years or both. He also noted that a false claim comes with the same punishment.
Speaking at The St. Michael’s School, he explained that sexual harassment includes the use of sexually suggestive words, comments, jokes, gestures or actions that annoy, alarm or abuse a person. The initiation of uninvited physical contact. Initiation of unwelcome sexual advances or requests. Asking intrusive questions that pertains to the person’s private life. It also includes transmitting offensive writing or material of any kind. Making offensive telephone calls, or any other sexually suggestive conduct.
He pointed to those employers in the workplace who abuse their power. “Employers who believe to work at the establishment you have to do more than your eight hours at the office. That is a reality that the legislation seeks to work against.”
“Where a person is granted employment, opportunities or other benefits as a result of an agreement to the grant of sexual favours, an employee who was denied or disadvantaged may lodge a complaint with the Chief Labour Officer. If you believe that you were disadvantaged because somebody else was too friendly with the boss, then you can lodge a complaint,” it was further explained.
He informed the crowd in attendance that a single incident can give rise to a charge of sexual harassment, adding that every employer shall ensure there is a clear written policy statement against sexual harassment and ensure a statement of that policy is presented to each employee on the commencement of employment.
Where a matter cannot be settled by mediation or that a matter is such that an inquiry should be conducted by the Employment Rights Tribunal, it would be referred by the Chief Labour Officer. (JH)
