#BTColumn – Dear HR, What is sexual harassment?

Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY. 

by Carol-Ann Jordan and Jacqueline Belgrave

Dear HR,

What constitutes sexual harassment on the job? Can it be verbal as oppose to physical? Does the person have to be employed by the same company I work for? Sexual harassment is improper and unwelcome conduct in circumstances where a reasonable person would consider the conduct to be offensive.

ACTS OF SEXUAL HARASSMENT

Acts of sexual harassment can be both verbal and physical. Sexual harassment goes further than just unwanted touching, sexual requests or statements.

The Employment Sexual Harassment (Prevention) Act, 2017 provides guidance on what can constitute sexual harassment in a workplace.
Sexual harassment could include:

• Use of sexually suggestive words, comments, jokes, gestures or actions that annoy, alarm or abuse e.g. the telling of sexual stories, making of sexually suggestive gestures, verbal abuse of a sexual nature;
• Initiation of uninvited physical contact e.g. engaging in sexually suggestive physical contact or touching or grabbing of another person in a way that is unwelcome, repeatedly standing too close to or brushing up against a person;
• Unwelcome sexual advances or requests of sexual favours;
• Asking a person intrusive questions or questions about their private life that are of a sexual nature;
• Transmitting sexually offensive writing or material of any kind or medium e.g. making or posting sexually demeaning or offensive pictures, cartoons or other materials in the workplace, WhatsApp messages;
• Making sexually offensive calls to the person;
• Any other sexually suggestive conduct of an offensive nature.

The “harasser” does not have to be an employee but can be a client of your workplace i.e. someone who conducts business with your employer – a supplier, a delivery person, a courier, a guard, a service provider, a customer.
Definition of workplace

The legislation covers incidents of sexual harassment that occur in your workplace and the definition of workplace is given a wide scope.
Workplace includes where your work is located and any other location or place where you are required to conduct the business of your employer.

Further, it could include any place where your employer sends you for training for example, or attendance on a conference on his or her behalf.

Abuse of Authority: “Something for Something”
Also covered under the legislation is “abuse of authority” harassment. A typical example of abuse of authority harassment is the so-called quid pro quo harassment or also called “sexual blackmail”.

In law, quid pro quo refers to being given something in exchange for something that is given.
Quid pro quo harassment occurs when sexual favours are requested from an employee, either under the promise of a reward for submission (e.g. an increase or a promotion or a bigger bonus) or threats of some kind of negative action for resistance (e.g. termination).

Consequently quid pro quo harassment can only be committed by someone with the power to give or take away an employment benefit.
If you believe you are being sexually harassed it is your responsibility to first make your unease and/or disapproval directly and

immediately known to the perpetrator (harasser) orally or in writing.
You have to make it clear that their conduct is unwelcome and offensive and must stop.

If the behaviour continues, you have three months to lodge a written complaint of the incident with the company.
It the responsibility of the employer to take early and swift action once they are aware of such situations.

They must not tolerate continuation.
Further, once aware of such situations, it is the responsibility of the employer to take the necessary steps to ensure that these matters are promptly investigated and addressed even in instances where individuals are unwilling to file formal complaints.

Where a formal complaint is made, the employer must briwng the matter to the attention of the alleged harasser.
Where the alleged harasser is a client, the employer must make every effort to take such action as he considers appropriate in the circumstances to bring the matter to the attention of the client.

Investigation of the complaint should commence within 14 days of it being lodged and should be completed without delay.

TAKEWAYS!

• The legislation binds all employers including the State (public sector institutions).
• Every employer must ensure that there is a clear written policy statement against sexual harassment within the workplace for which that employer has responsibility.
• Managers and staff members facilitating dialogue and conciliation between the parties to a harassment dispute should receive special training on conflict prevention and resolution.
• It must be remembered that what is offensive to one person may be acceptable to another, and it does not matter whether the harasser intended to harass or not – it is the impact on the person who is aggrieved and their feelings which are the determining factors in sexual harassment matters.

About Lifeline Labour Solutions: Lifeline Labour Solutions is a boutique partnership providing people management solutions to workplace challenges. Partners Carol-Ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations, Labour Relations and Human Resource Management between them. Email: info@ lifelinelabour.com; Tel: 1(246)247-5213