6 STEPS TO TAKE IF A PERSON IS FACING SEXUAL HARASSMENT AT WORK PLACE

WRITTEN BY – BARRISTER NWAGWU NNENNA PATRICIA

SEXUAL:Is relating to instincts, physiological processes and activities, connected with physical attraction or intimate physical contact between individuals, or relating to the two sexes (gender) or (of reproduction) involving the fusion of gametes.

HARASSMENT:Is the act of  tormenting, by continued persistent attacks, criticism,  annoying and abusive on a regular basis aimed at an individual, It can cause distress or discomfort to a person. At school harassment is often known as bullying.

   

 SEXUAL HARASSMENT is any unwelcome sexual advances, request for sexual favors, and other verbal, non-verbal or physical harassment of a sexual nature in a workplace or learning environment that makes a victim feel offended, uncomfortable, intimidated or humiliated. 

                                        ANALYSIS

Existing research indicate that sexual harassment is a frequent form of victimization on women, affecting mostly women, few of men and same sex harassment. It is common for victims of sexual harassment to experience hostile or offensive work environment. Sometimes sexual harassment can be confusing, or scary. You may not know what steps you can take, to stop or report it. You may worry about your job security, or about what your colleagues might say. In addition victims are afraid to speak out because of customs and traditions,they are ashamed to voice out and are scared of being looked down upon or accused of putting themselves in such situations.

        THERE ARE TWO TYPES OF SEXUAL HARASSMENT

1,   Quid pro quo (this for that).

2,   Hostile work environment.

 QUID PRO QUO: is a form of harassment that often arise in a working environment. It occurs when an employer request an employee to provide sexual favors in return of various types of benefits. In such cases the harasser uses their position as leverage in order to intimidate their victims into complying with their request.

Examples of quid pro quo:

1, withholding benefits from a person if they refuse to participate in the request.

2, threats to terminate the job of his/her victim.

3, Formulate the victim evaluations based on their willingness to cooperate with their sexual advances.

 HOSTILE WORK ENVIRONMENT: Is an unwelcome conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an individual's work performance at workplace. It is creating an intimidating, hostile, or offensive working environment for a person. In many cases this involves indecent jokes, offensive language, or sexist remarks.

Sexual harassment in nature can be verbal, non verbal and physical harassment but a person cannot establish sexual harassment if there is CONSENT (permission, approval, agreement etc) to the other persons advances.

Although a single unwanted request for a date or one sexually suggestive comment might offend you and/or be inappropriate, it may not be sexual harassment. However, a number of relatively, persistent minor incidents may add up to sexual harassment if the incidents makes one uncomfortable and affects your work environment.

 Below are forms of sexual harassment:

    VERBAL HARASSMENT

 • Referring to the other/same sex as babe, honey, sweetheart etc.

 • Whistling at someone, cat calls.

 • Making sexual comments about a person's body.

 • Turning work discussions to sexual topics.

 • Telling sexual jokes or stories.

 • Asking about sexual fantasies or sexual history.

 • Asking personal questions about social or sexual life.

 • Making kissing sounds and smacking lips.

 • Making sexual comments about a person's clothing or looks.

 • Repeatedly asking out a person who is not interested.

 • Telling lies or spreading rumors about a person's personality and sex life. 

  

   NON-VERBAL HARASSMENT

 • Looking at a person up and down (Elevator eyes) in a seductive manner.

 • Blocking a person's path.

 • Following or stalking the person.

 • Giving personal gifts.

 • Making sexual gestures with hands or through body movements.

 • Making facial expressions such as winking, throwing kisses, or licking lips. 

   PHYSICAL HARASSMENT 

 • Giving a massage around the neck or shoulders .

 • Touching the person's clothing, hair, or body.

 • Hugging, kissing, patting, or stroking.

 • Touching or rubbing oneself sexually around another person.

 • Standing close or brushing up against another person.     

         

          STEPS TO TAKE OR WHAT TO DO IF A PERSON IS FACING SEXUAL

                                      HARASSMENT AT WORK PLACE.

In some instances, the person harassing an individual might not be aware that he/she is committing an offence. They might feel that their act or words are just harmless flirting. In such cases the person has to

.

1, Confront the person:

If  you feel safe speaking to the person harassing you, explain what behaviour is bothering you and be specific. tell the harasser that their attention towards you makes you uncomfortable then lastly ask the harasser to stop. Inform the harasser that if such act continues you have no choice but to report him/her. 

2, Document it:

If the harasser refuse to stop after confrontation, the victim needs to build a case by gathering evidence. Unfortunately in most cases of sexual harassment it is one person word against the other, and so the victim has to collect as much detailed evidence as possible about the harassment and who witnessed the actions. its also important you make copies of any work performance, work evaluations or letters of commendation you received from your harasser (colleague, supervisors, boss or employer).

 3,Consult your employee Handbook and report it:

If your employer has a sexual harassment policy that lays out procedures to follow in order to make a complaint against an employee/employer on sexual harassment and you feel uncomfortable speaking to your supervisor/boss about it directly, put your complaint in writing and follow the procedures in your employee handbook. Take note on every event of the harassment and be specific in your complaint. Put/attach all the evidence you gathered along with your complaint letter leaving the harasser the onus to defend him/herself.

 4,Monitor:

After the internal disciplinary process where the harasser is giving the opportunity to defend him/herself, you need to monitor your harasser. Has there been any change? Is the person still harassing you? Has the situation change from harassment to threats​? If NO, you don't need to take the steps below. If YES and your Employer has refused to take any action against the person or decides that you have no case then you can take step 5 or step 6.

5 QUIT:

 Unfortunately in Nigeria, very few companies don't have a proper HR system  to address employees on their complaints. In actual fact a lot of this companies are one man business. Where the harasser is actually the owner of the company,there is no point reporting to someone who you are suppose to complain to when the need arise. If you find yourself in such situation, if you followed step 1 and the harassment persists please QUIT.

6 Get a legal assistance:

 Victims of sexual harassment can consult a lawyer after they must have exhausted all the steps above. You can invite the police if you have taken step 2 to prove the harassment. If you are forced to resign or you resign on your own, you can sue your employer/employee for sexual harassment.

   Nigeria laws on sexual harassment

There is no provision or policy in Labour Act that prohibits sexual harassment. A Labour standards Bill,submitted to the National Assembly in 2008, have a provision on sexual harassment. However, the said bill till date has not been passed.

The 1999 Constitution FRN (as amended) emphasize on Fundamental Human Right to human dignity and freedom as guaranteed by section 34 and 42 of the 1999 constitution of Federal Republic of Nigeria [as amended] and Section 254 [c] of 1999 constitution  as amended paragraph [g] provides for the establishment of National Industrial Court to entertain labour matters relating to or connected with any dispute arising from discrimination or sexual harassment at workplace.

The National Industrial Court (NIC) amended its civil procedure rules recently to provide the procedure for claims against workplace sexual harassment. Order 14 of the

National Industrial Court of Nigeria (civil procedure) Rules, 2017 provides that an action in which a worker alleges sexual harassment at a workplace should spell out whether the sexual harassment is any of the following stated in paragraph a,b,c, and d.

Criminal Law of  Lagos State 2011, chapter 25 provides for sexual offences stated under section 262 (1) and (2) paragraph a,b and c,it prohibit and emphasized on sexual harassment and its penalties

For tertiary institution there is Tertiary Institution Prohibition Act, 2016. This Act makes provision for students in Nigeria Education Institution who are victims of sexual harassment from preying lectures, teachers, and educators who use their positions to sexually exploit students.

One of the cases decided in favour of a victim of sexual harassment in National Industrial Court, is a case of Mrs Ejike Maduka an employee of Microsoft Nigeria. she was awarded the sum of 40 million naira against her employer for sexual harassment. The Judge stated in its judgment that the applicant refusal to succumb, employer's non investigation concerning  her complaint, termination of applicant job  and non-implementation of sexual harassment policy by the employer is a violation of the applicant's Fundamental Human Right to human dignity and freedom as guaranteed by section 34 and 42 of the 1999 constitution of Federal Republic of Nigeria [as amended] and Articles 2,5,14,15 and 19 of the African Charter on Human and Peoples Rights Act CAP A 9 Laws of the Federation 2004.         

How can employers take precautions against sexual harassment occurring at the workplace?

Every employer (regardless of their positions/rank) should maintain a workplace that is safe and have zero tolerance on sexual harassment. In some countries it is a legal obligation to expressly lay down policies on sexual harassment in employees handbook but in all cases it makes good business sense if sexual harassment is not allowed to flourish in a workplace. If such act persist in a work place there will be a high price to pay in poor employee morale, low productivity, and lawsuits.

 An employer can be held vicariously liable if sexual harassment occurs and it is ascertained that the employer had a knowledge of the harassment either by a complaint or a report and did not take any necessary step to investigate and penalize the harasser or sweeps the matter under the carpet. Every employer has a duty to protect their employees from a hostile work environment, even if the harassment is caused by non-employees who they encounter on the job. Below are some basic preventive steps or measures to possibly avoid sexual harassment at workplace:

1, Employers should adopt a clear  sexual harassment policy, by devoting a section for sexual harassment in their employees policy handbook.

2, Employers should have a complaint procedure with multiple reporting options.

3, Retaliation against anyone who complains about sexual harassment should not be tolerated

4, If necessary, organize sessions, train all employees on sexual harassment.

5,Explain and discuss the company policy amongst co-workers on sexual harassment.

6, Promptly investigate all complaint and keep allegations of harassment confidential.

  PREVENTION IS BETTER THAN SORRY.

         

PRESENTED BY – NWAGWU NNENNA PATRICIA