Barbados has taken the first concrete step towards putting legislation on the statute books to address sexual harassment in the workplace.
Yesterday, leading off the debate in the Senate Chamber, Minister of Labour, Social Security and Human Resource Development, Senator Dr. Esther Byer-Suckoo, introduced the Employment Sexual Harassment (Prevention) Bill, which she contended was for too long put on the backburner, because there was fear and concern within society about what such legislation would mean in terms of how people interact with each other.
“We are here today though because there has been a long period of engagement and sensitisation, which I dare say will have to continue long after today. This sensitisation has allowed us to have the buy-in of our partners and bring this here today,” she said.
In that vein, she added that there is need for the trade unions, employer organisations and the Labour Department, among others to continue to work on ensuring that there is sensitisation about sexual harassment so that people understand to treat others respectfully.
With that in mind, Byer-Suckoo noted that the legislation is gender neutral and seeks to protect workers not only in the private sector, but the public sector as well. She said the legislation states 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 with a person; and the initiation of unwanted sexual advances or request of sexual favours. Moreover, she said the Bill considers sexual harassment to include asking persons intrusive questions that are of a sexual nature, making sexually offensive telephones calls, transmitting sexually offensive writing or material of any kind or any other sexually suggestive conduct of an offensive nature.
Referencing Singing Sandra’s popular calypso from the 1980s, “Die with my Dignity’ which referred to sexual harassment in the workplace, she maintained that the Trinidadian calypsonian’s words speak of an unfortunate reality that still exists today. She made the point as she said that the Bill speaks to Quid Pro Quo sexual harassment, such that it prevents an employer from promising advantage or benefit in exchange for employee tolerating sexual advances.
“This is the reality for many women and it comes down to if this is what it is about, I would die with my dignity. This is why this legislation is important today; there have to be more options to women than ‘I would die with my dignity’. There has to be some recourse, there has to be some protection granted by the State through the legislation, so that I don’t have to die with my dignity, I can seek employment in fair and equitable conditions, I could look to have the same respect in the workplace as my other colleagues in the workplace have,” she said.
The Minister added, “So this is what social engineering is about, it is about ensuring that you don’t just have to die with your dignity, you can hold your head up, you can take that job and anybody who tells you do this or else… this does not have to be the reality especially for our women. But as I said it is not just women. In case you doubt me, I have had people say to me, I have had men say to me they have been harassed by women at work, I have had women say to me they are harassed by women at work and men say to me that they are harassed by men at work.”
In a speech that lasted close to an hour, Senator Byer-Suckoo further explained that the legislation seeks to redefine the definition of a workplace. That definition, she said, refers to now to any location or place where a person works and includes any other location or place where an employee is required to conduct the business of the employer, or any location or place the employee is sent by the employer for the purpose of receiving training or attending a conference on the employer’s behalf. (JRT)