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Sexual harassment, often described as persistent, unsolicited and unwanted sexual advances or suggestions by one person to another, continues to be a challenge for many employers and employees.
In fact according to a 2003 study by the Sexual Harassment Education Project (SHEP), 77% of women respondents experienced sexual harassment sometime during their working lives.
While harassment is by no means an issue only faced by women, the statistics are frightening and it is imperative that companies provide the necessary protection for all employees, and for employees to understand the recourses available.
In terms of the Code of Good Practice, a single incident of harassment can constitute sexual harassment and it is not necessary that the recipient makes it clear that the behaviour is considered offensive.
According to the law, the unwelcome conduct must be of a sexual nature, and includes physical, verbal or non-verbal conduct.
- Physical conduct includes all unwelcome physical contact, ranging from touching to sexual assault and rape, as well as strip search by or in the presence of the opposite sex.
- Verbal conduct includes unwelcome innuendos, suggestions, hints, sexual advances, comments with sexual overtones, sex related jokes or insults, graphic comments about a person's body made in their presence or to them, inappropriate enquiries about a person's sex life, whistling of a sexual nature and sending by electronic means or otherwise of sexually explicit text.
- Non-verbal conduct includes unwelcome gestures, indecent exposure and the display or sending by electronic means or otherwise of sexually explicit pictures or objects.
What should a good sexual harassment policy stipulate?
Sexual harassment policies should substantially comply with the provisions of the Code and include at least the following statements:
- Sexual harassment is a form of unfair discrimination on the basis of sex and/or gender and/or sexual orientation which infringes the rights of the complainant and constitutes an area to equity in the workplace.
- Sexual harassment in the workplace will not be permitted or condoned.
- Complainants in sexual harassment matters have the right to follow the procedures in the policy and appropriate action must be taken by the employer.
- It is a disciplinary offence to victimise or retaliate against an employee who in good faith lodges a grievance of sexual harassment.
- The procedures to be followed by a complainant of sexual harassment and by an employer, once sexual harassment has occurred, should be outlined in the policy.
What recourse is available to victims of sexual harassment?
A complainant of sexual harassment may choose to follow either of the following procedures:
- Without revealing the identity of the complainant, the complainant or another appropriate person explains to the perpetrator that the conduct in question is not welcome, that it offends the complainant, makes him/her feel uncomfortable and that it interferes with his/her work.
- A complainant may choose to follow a formal procedure, either with or without first following the above mentioned informal procedure.
In the event that a complainant chooses not to follow a formal procedure, the employer should still assess the risk to other persons in the workplace where formal steps have not been taken against the perpetrator.
In assessing such risk the employer must take into account all relevant factors, including the severity of the sexual harassment, and whether the perpetrator has a history of sexual harassment.
If it appears to the employer after a proper investigation that there is a significant risk of harm to other persons in the workplace, the employer may chose follow a formal procedure, irrespective of the wishes of the complainant, and advise the complainant accordingly.
Sexual harassment is a key concern within the workplace and employers are obliged to take reasonable steps in creating a work environment that is free from sexual harassment.
It is imperative that every employer has clear sexual harassment policies and grievance procedures in place to ensure employees are aware of their rights, what constitutes a violation and what recourse is available to victims of sexual harassment.
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In fact according to a 2003 study by the Sexual Harassment Education Project (SHEP), 77% of women respondents experienced sexual harassment sometime during their working lives.
While harassment is by no means an issue only faced by women, the statistics are frightening and it is imperative that companies provide the necessary protection for all employees, and for employees to understand the recourses available.
In terms of the Code of Good Practice, a single incident of harassment can constitute sexual harassment and it is not necessary that the recipient makes it clear that the behaviour is considered offensive.
According to the law, the unwelcome conduct must be of a sexual nature, and includes physical, verbal or non-verbal conduct.
- Physical conduct includes all unwelcome physical contact, ranging from touching to sexual assault and rape, as well as strip search by or in the presence of the opposite sex.
- Verbal conduct includes unwelcome innuendos, suggestions, hints, sexual advances, comments with sexual overtones, sex related jokes or insults, graphic comments about a person's body made in their presence or to them, inappropriate enquiries about a person's sex life, whistling of a sexual nature and sending by electronic means or otherwise of sexually explicit text.
- Non-verbal conduct includes unwelcome gestures, indecent exposure and the display or sending by electronic means or otherwise of sexually explicit pictures or objects.
What should a good sexual harassment policy stipulate?
Sexual harassment policies should substantially comply with the provisions of the Code and include at least the following statements:
- Sexual harassment is a form of unfair discrimination on the basis of sex and/or gender and/or sexual orientation which infringes the rights of the complainant and constitutes an area to equity in the workplace.
- Sexual harassment in the workplace will not be permitted or condoned.
- Complainants in sexual harassment matters have the right to follow the procedures in the policy and appropriate action must be taken by the employer.
- It is a disciplinary offence to victimise or retaliate against an employee who in good faith lodges a grievance of sexual harassment.
- The procedures to be followed by a complainant of sexual harassment and by an employer, once sexual harassment has occurred, should be outlined in the policy.
What recourse is available to victims of sexual harassment?
A complainant of sexual harassment may choose to follow either of the following procedures:
- Without revealing the identity of the complainant, the complainant or another appropriate person explains to the perpetrator that the conduct in question is not welcome, that it offends the complainant, makes him/her feel uncomfortable and that it interferes with his/her work.
- A complainant may choose to follow a formal procedure, either with or without first following the above mentioned informal procedure.
In the event that a complainant chooses not to follow a formal procedure, the employer should still assess the risk to other persons in the workplace where formal steps have not been taken against the perpetrator.
In assessing such risk the employer must take into account all relevant factors, including the severity of the sexual harassment, and whether the perpetrator has a history of sexual harassment.
If it appears to the employer after a proper investigation that there is a significant risk of harm to other persons in the workplace, the employer may chose follow a formal procedure, irrespective of the wishes of the complainant, and advise the complainant accordingly.
Sexual harassment is a key concern within the workplace and employers are obliged to take reasonable steps in creating a work environment that is free from sexual harassment.
It is imperative that every employer has clear sexual harassment policies and grievance procedures in place to ensure employees are aware of their rights, what constitutes a violation and what recourse is available to victims of sexual harassment.
Follow Women24 on Twitter and like us on Facebook.
