This archive report was first published on 3 January 2020.
Sexual harassment is a major issue in many institutions, and it's essential to understand what the Employment Act says about it.
Published on January 3, 2020, the Employment Act of 2007 marked a significant shift in addressing this menace at the workplace.
The Act defines sexual harassment as any unwelcome physical, verbal, or non-verbal conduct of a sexual nature, including demeaning comments, indecent remarks, and attempts to punish refusal to comply with sexual requests.
Sexual harassment can manifest itself through demands for sexual favours in exchange for company benefits or unwelcome sexual advances that interfere with an individual's work performance, creating a hostile, abusive, or offensive environment.
According to the Employment Act, every employer engaging 20 or more employees must develop and issue a policy statement against sexual harassment, in consultation with all employees or their representative.
The policy should contain a definition of sexual harassment, a statement that every employee is entitled to protection from sexual harassment, and an explanation of the complaints procedure.
Employers have a principal responsibility to ensure that sexual harassment is not condoned in the workplace, and the Act treats the offence as a misconduct for which disciplinary measures will be taken against perpetrators.
However, in most instances, perpetrators are people in authority, and employees shy away from using internal reporting mechanisms due to fear of reprisals. Some organisations have appointed an external party to allow employees to report comfortably.
Most companies require employees to sign a confirmation of having read the policy on employment and offer training to enlighten employees on what constitutes harassment and how to handle and report complaints.
It's essential to note that the law is gender-neutral, and both men and women can be perpetrators or victims. Where there is a consensual relationship, the policy should not be used to settle scores between two people who have since disagreed.
Most policies also state that any false accusation will be treated as a disciplinary matter and punished accordingly.
By Jane Muiruri, Senior HR Manager, Nation Media Group.
