SEXUAL HARASSMENT : WHAT AND HOW TO AVOID

What is definition of

There is no single, universally accepted definition of sexual harassment. However, can be defined  as “Sexual harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended”. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour which creates a sexually hostile working environment.

Examples of sexual harassment  that may be relevant to the  working environment :-

• uninvited touching
• uninvited kisses or embraces
• smutty jokes or comments
• making promises or threats in return for sexual favours
• displays of sexually graphic material including posters, pinups, cartoons, graffiti or messages left on notice boards, desks or common areas
• repeated invitations to go out after prior refusal
• exposing genitals or sexual gestures
• insults, taunts, teasing or name-calling of a sexual nature
• staring or leering at a person or at parts of their body
• unwelcome physical contact such as massaging a person without invitation, deliberately brushing up against them or forcing a person to perform sexual acts
• touching or fiddling with a person’s clothing including lifting up skirts or shirts, flicking bra straps, or putting hands in a person’s pocket
• requests for sex
• sexually explicit conversation
• persistent questions or insinuations about a person’s private life
• offensive phone calls or letters
• stalking
• offensive e-mail messages or computer screen savers.

When should not be taken as sexual harassment

When it is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment.

Thses  points must be initiated as policy to reduce /avoid such harassment  :

1. Create a working environment which is free from sexual harassment and where all members of staff are treated with dignity, courtesy and respect.

2. Implement training and awareness raising strategies to ensure that all employees know their rights and responsibilities.

3. Provide an effective procedure for complaints based on the principles of procedural fairness.

4. Treat all complaints in a sensitive, fair, timely and confidential manner.

5. Guarantee protection from any victimisation or reprisals.

6. Encourage the reporting of behaviour which breaches the sexual harassment policy.

7. Promote appropriate standards of conduct at all times.

How to implement such things by employers

It is recommended that employers should take the following steps to prevent sexual harassment.

(a) Create a positive workplace environment

• Remove offensive, sexually explicit or pornographic calendars, literature, posters and other materials from the workplace.
• Develop a policy prohibiting inappropriate use of computer technology, such as e-mail, screen savers and the internet.
• It is recommended that medium and large employers undertake regular audits to monitor the incidence of sexual harassment in their workplaces and the use and effectiveness of their complaints procedures.

(b) Get high-level management support

Obtain high level support from the chief executive officer and senior management for implementing a comprehensive strategy to address sexual harassment.

(c) Write and implement a sexual harassment policy

• Develop a written policy which prohibits sexual harassment in consultation with staff and relevant unions.
• Regularly distribute and promote the policy at all levels of the organisation. Ensure the policy is easily accessible on the organisation’s intranet.
• Provide the policy and other relevant information on sexual harassment to new staff as a standard part of induction.
• Translate the policy into relevant community languages where required so it is accessible to employees from culturally and linguistically diverse backgrounds.
• Ensure that the policy is accessible to staff members with a disability.
• Ensure that managers and supervisors discuss and reinforce the policy at staff meetings. Verbal communication of the policy is particularly important in workplaces where the literacy of staff may be an issue.
• Periodically review the policy to ensure it is operating effectively and contains up-to-date information.

(d) Provide regular training and information on sexual harassment to all staff and management

• Conduct regular training sessions for all staff and management on sexual harassment and the organisational policy. This training should be behaviourally based which means it should increase knowledge and understanding of specific behaviours that may amount to sexual harassment under the Sex Discrimination Act. Regular refresher training is recommended.
• Train all line managers on their role in ensuring that the workplace is free from sexual harassment.
• Display anti-sexual harassment posters on notice boards in common work areas and distribute relevant brochures.

(e) Encourage appropriate conduct by managers

• Line managers should understand the need to model appropriate standards of professional conduct at all times.
• Include accountability mechanisms in position descriptions for managers.
• Ensure that selection criteria for management positions include the requirement that managers have a demonstrated understanding of and ability to deal with discrimination and harassment issues as part of their overall responsibility for human resources.
• Check that managers are fulfilling their responsibilities through performance appraisal schemes.