Sexual Harassment in the Workplace
This topic is a very serious one, yet uncomfortable to address. Human Resource departments deal with this issue regularly where co-workers act inappropriately towards others and do not see anything wrong with “just giving a compliment” or “speaking the truth”. The truth of the matter is that sexual harassment does not only affect the individual but also negatively impacts the company. There will always be attractive people that you have to work with, however self-control and being properly informed will prevent many instances of sexual harassment in the workplace.
Sexual harassment is any unwelcome sexual behaviour which makes a person feel uncomfortable, offended, humiliated or intimidated. It can be physical, verbal or written.
Offenses of sexual harassment include, but are not limited to:
- Spreading sexual rumours about co-workers
- Sending inappropriate text messages, notes or emails
- Unwanted touching, pinching, rubbing, holding, patting
- Uncomfortable and inappropriate staring
- Intentionally brushing up against others
- Cat-calling, blowing kisses and making sexual gestures
- Offering advancements and promotions in exchange for sexual favours
- Sharing lewd pictures, videos and jokes to co-workers
- Asking personal questions such as sexual orientation and experiences
- Making comments about co-workers’ body, clothes or appearance
- Making offensive and disrespectful remarks about one’s sexual orientation
Sexual harassment is a criminal offense which is liable for imprisonment for at least 1 year.
It is unfortunate that most companies do not have stringent policies regarding sexual harassment apart from a few sentences stating that persons should not be discriminated based on race, gender, sexual orientation, religion and marital status. This is a Caribbean-wide problem which goes deeper into the sociology of our region.
There are two formal ways of confronting the offender and preventing sexual harassment in the future.
If you have experienced any of these misdeeds, you should:
1. Speak to the person directly – If it is the first offense and you are brave enough, confront the offender directly and let them know how their actions made you feel. Speak clearly and firmly. Stand your ground and inform them that it is an offense which neither you nor the company will tolerate. You can also opt to write a letter the individual and ensure that a copy is kept for your records. Also retain detailed records of every harassment incident including the date, time, location and persons involved. These records will be very important should you decide to make a formal complaint to management.
2. Report the offending employee to management – When a claim of sexual harassment is reported, every step is crucial towards ceasing and preventing other cases. For the first offense, the employee will receive a verbal and/or written warning. For subsequent complaints Human Resources will launch a formal investigation into the matter. All parties involved in the matter, including the person who made the complaint will be interviewed as well as witnesses, if any. During this investigation, the employees involved must be kept away from each other and in some instances one or both may be put on paid or unpaid leave until the investigation is concluded. Once the investigation has concluded, management must then determine if the complaint is credible and the corresponding disciplinary action to take which may include job transfer, termination or imprisonment. Every complaint and other documentation should be properly recorded and stored on file. Companies need to ensure that their policies are up-to- date and that all employees are duly educated.
Sexual harassment in the workplace can have a serious impact one’s self-esteem which is linked to depression and high levels of stress. Other employees who were not involved in the claim may choose sides making the work environment hostile. Businesses can experience high staff turnovers and low productivity. Continued intimidation may cause employees to resign and cause anxiety over seeking new employment.
It is the responsibility of the employer to provide safe and comfortable working conditions for its employees and the responsibility of the employee to ensure these conditions are maintained. Some tips for preventing sexual harassment include:
- Becoming familiar with the company’s rules of conduct especially policies corresponding to sexual harassment offenses.
- Exercise control in sharing inappropriate pictures, videos, messages and emails to others.
- Be aware of subtle forms of sexual harassment.
- Pay attention to the behaviour and sensitivity of others.
- Avoid commenting on others’ body parts and appearance.
- Do not assume that others want to be a participant in sexual-related activities.
If you are being harassed, do not encourage the offender by laughing at jokes, showing interest or shying away from comments. Always confront the offender by being firm about your feelings and requesting that the offenses cease immediately.