Are there laws on sexual harassment at work?
I don’t know if you know this but sexual harassment is a major issue in most institutions. I was wondering if you could enlighten the readers more on what the Employment Act says about sexual harassment. Pauline
Dear Pauline, an abridged definition of sexual harassment is any unwelcome physical, verbal or non-verbal conduct of a sexual nature, it includes demeaning comments about a person’s appearance, indecent remarks, questions about a person’s sex life and attempts to punish refusal to comply with sexual requests.
Sexual harassment may manifest itself through a demand by a person in authority for sexual favours in exchange of company benefits — salary increase, promotions, trips et cetera — or any unwelcome sexual advances, which interfere with an individual’s work performance, making the environment hostile, abusive or offensive.
The law provides that every employer shall develop and issue a policy statement against sexual harassment upon consultation with all employees or their representative.
The policy should contain a definition of sexual harassment and a statement that every employee is entitled to protection from sexual harassment in the workplace and an explanation of the complaints procedure to an employee who is experiencing sexual harassment in the workplace.
It makes it the employers’ principal responsibility to ensure the vice is not condoned in the workplace. The Act treats the offence as a misconduct for which disciplinary measures will be taken against perpetrators.
Some of the perpetrators are people in authority and employees shy away from using the internal reporting mechanisms for fear of reprisals. Some organisations have appointed an external party to allow employees have comfort when reporting.
Jane Muiruri, Senior HR Manager-NMG
