INTRODUCTION FOR SEXUAL HARASSMENT-PREVENTION & ERADICTION IN THE WORKPLACE

The Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace was introduced on 1 March 1999. The aim of this Code was to provide guidelines to employers on the establishment of in-house mechanisms at the organization level to prevent and eradicate sexual harassment in the workplace. Since it was only a Code, it did not have enforcement powers. Cases of sexual harassment at the workplace continue as the victims tend to blame themselves despite knowing that they are innocent. While victims live with their wounds, the perpetrators go around like nothing has happened. The amendments to the Employment Act 1955, with effect from 1 April 2012 and the introduction of a whole new chapter on this unpleasant misconduct provide enforcement powers and relief to victims of sexual harassment.

OBJECTIVE SEXUAL HARASSMENT-PREVENTION & ERADICTION IN THE WORKPLACE

• Understand the provisions of the law on misconduct of sexual harassment.
• Learn what constitutes sexual harassment.
• Understand when a sexually based conduct is sexual harassment.
• Learn the difference between the various types of sexual harassment.
• Learn how to combat sexual harassment in the workplace.
• Understand the grievance procedure for acts of alleged sexual harassment.

COURSE CONTENT

LEGAL PROVISIONS
• Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace (1/3/1999).
• Section 81A to 81G, Employment Act, 1955 (w.e.f. 1/4/2012).

SEXUAL HARASSMENT
• Unwelcome / Uninvited Sexual Conduct.
• Recipients Does Not Initiate or Reciprocate.
• Recipient Feels Threatened / Intimidated.
• Not Flattering Behaviour.
• Not Pleasant.
• Not Confined to Male/ Female Interaction.

TYPES OF SEXUAL HARASSMENT
• Action (s) Accompanied by an Employment Threat or Benefit.
• Action (s) Creating a Hostile Work Environment.

CATEGORIES OF SEXUAL HARASSMENT
• Sexual Coersion.
• Sexual Annoyance.

SEXUALLY BASED CONDUCT = SEXUAL HARASSMENT
• Pin-up in the Workplace.
• Asking Co-Worked For a Date.
• Rude Treatment of Women.
• Verbal Abuse and Jokes.
• Employment Responsibilities or Employment Relationships.

FIVE FORMS OF SEXUAL HARASSMENT
• Verbal Harassment.
• Non-Verbal / Gestural Harassment.
• Visual Harassment.
• Psychological Harassment.
• Physical Harassment.

CATERGORY OF SEXUAL HARASSMENT MISCONDUCT
• The classification is dependent on how great the impact of the misconduct is on the victim :

• • Minor Misconduct.
  • Major Misconduct.
  • Serious Misconduct.

EMPLOYER’S DUTY / LIABILITY
• Provide Safe and Conducive Working Environment.
• Must Act on Acts of Sexual Harassment Reported.
• Institute Disciplinary Action Against Harasser.
• Responsible for Acts of Sexual Harassment of their Employees, Agents and Visitors to the Workplace.

SEXUAL HARASSMENT COMPALINT PROCEDURE
• Treat Every Complaint as Serious.
• Investigate Every Complaint.
• Avoid Credibility Judgment.
• Avoid Assumption of Complainant Being Overly Sensitive.
• Do Not Leave it to Parties to Work it Out.
• Ensure label of complain is specific and not misinterpreted as “unprofessional conduct “or “inappropriate conduct”.

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