By Andrew Green, Staff reporter
BATTLE LINES have been drawn with the announcement of government plans for sexual harassment legislation that would hold employers liable to pay compensation.
The responsibility falls on employers to foster an environment free of sexual harassment, said attorney Sharon Millwood of the Legal Reform Department in the Ministry of Justice. As Jamaica's employers had generally not accomplished this, legislation was needed to carry out the process.
"People have different concepts of what sexual harassment is," industrial relations expert George Kirkaldy said in rebuttal of the suggestion that legislation was needed. "It may be OK for you to do something but not OK for me."
AIM FOR PREVENTION
Rather than implement legislation on a very subjective issue, it would be better to aim for prevention, Mr. Kirkaldy said. Employers should adopt tough codes against sexual harassment, educate supervisors and staff
as to what constitutes sexual harassment and take speedy action to investigate and resolve complaints.
Along with Ms. Millwood, Mr. Kirkaldy was part of a panel discussing sexual harassment at a Jamaica Employers' Federation (JEF) seminar last week at the JEF Kingston office. "Sexual harassment is defined as any unwanted physical, verbal or other sexual conduct which offends or humiliates the victim," said attorney Margaret Macaulay. She said it could include sexual threats, intimidation, or verbal abuse, unwelcome sexual remarks or jokes about sexual matters, displaying sexist or explicitly sexual or other offensive pictures or posters in the workplace. It could also be also engaging in unnecessary physical contact such as
touching, petting, pinching or punching.
"The Bahamas has passed legislation making it a criminal offence," said Mrs. Macaulay who is a member of the Association of Women's Organisations in Jamaica."We do not propose that in Jamaica. We propose that it be civil and we propose that the employer's pocket be touched for compensation in damages."
There is a level of tolerance in Jamaican society for inappropriate behaviour, Ms. Millwood said. In the workplace however, she said, "The legislation seeks to place an onus on the employer to take immediate and appropriate steps to address the situation."
Former Permanent Secretary in the Ministry of Labour and Social Security, Anthony Irons said, "It is my personal view that disputes related to sexual harassment of any worker should be dealt with by amendments to the Labour Relations and Industrial Disputes Act."
Disputes could be handled by a special division of the Industrial Disputes Tribunal, if they could not be settled at a lower level, Mr. Irons said. He said the operation of this mechanism could be settled through discussions between the women's movement, unions, the private sector, and Government.
Although in support of the objectives of sexual harassment legislation, "We cannot support a legislative approach," the JEF stated in a position paper presented after the seminar. The paper was prepared by JEF Policy Development Officer, Gregory Gardner.
"It must be first accepted that only a scientific methodology of collecting data will inform us in the manner that we ought to proceed," the JEF paper stated. "People are merely relying on the unreliable Anancy tradition, however exciting, is very unproductive. In the absence of
this scientific approach, we urge caution."
NO SCIENTIFIC RESEARCH
There has been no scientific research or study done to show the dimensions of sexual harassment in Jamaica on which legislation could be based, Ms. Millwood said. But she said it is clear that a major problem exists.
"Definitely, legislation is what is necessary in this particular situation," Ms. Millwood said. "The law ministers have already come to that conclusion. For persons who are interested parties and who believe they have representations to make, the appropriate place to direct those is the Bureau of Women's Affairs, which falls under the Ministry of Development."
Sexual harassment could include engaging in unnecessary physical contact such as touching, petting, pinching or punching.
