What does the Kenyan law say about sexual harassment at work?
Sexual harassment is any unwelcome physical, verbal or non-verbal conduct of a sexual nature. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- Most companies require employees to sign confirming having read the policy on employment and thereafter on a regular basis.
- Where there is a consensual relationship, the policy should not be used to settle scores between two people who have since disagreed.
Q: I don’t know if you know this but sexual harassment is a major issue in most institutions. I was wondering if you could enlighten the readers more on what the Employment Act says about sexual harassment.
Sexual harassment was previously unrecognised in employment law until the Employment Act of 2007.
This came out of the realisation that several employees were experiencing this menace at the workplace without an opportunity for legal redress. Employers were struggling to define and even to deal with it.
An abridged definition of sexual harassment is any unwelcome physical, verbal or non-verbal conduct of a sexual nature, it includes demeaning comments about a person's appearance, indecent remarks, questions about a person's sex life and attempts to punish refusal to comply with sexual requests.
Sexual harassment may manifest itself through a demand by a person in authority for sexual favours in exchange of company benefits — salary increase, promotions, trips et cetera — or any unwelcome sexual advances which interfere with an individual's work performance, making the environment hostile, abusive or offensive.
INSTITUTE POLICY
The Employment Act provides that every employer engaging 20 or more employees shall develop and issue a policy statement against sexual harassment upon consultation with all employees or their representative.
The policy should contain a definition of sexual harassment and a statement that every employee is entitled to protection from sexual harassment in the workplace and an explanation of the complaints procedure by an employee who is experiencing sexual harassment in the workplace.
It makes it the employers’ principal responsibility to ensure that the vice is not condoned in the workplace.
The Act treats the offence as a misconduct for which disciplinary measures will be taken against perpetrators.
In most instances, the perpetrators are people in authority and employees shy away from using the internal reporting mechanisms established for fear of reprisals.
Some organisations have appointed an external party to allow employees have comfort when reporting.
FAIRNESS
Most companies require employees to sign confirming having read the policy on employment and thereafter on a regular basis.
Some offer training to employees so as to enlighten them on what constitutes harassment and how to handle and report any complaint for action.
Whereas most complaints are often by females complaining about harassment by their male colleagues, it is important to note that the law is gender neutral since 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.
I take this opportunity to appreciate my readers and wish them a prosperous 2020!
Jane Muiruri - Senior HR Manager, Nation Media Group; [email protected]
