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Prevention of Sexual Harassment and Sexual Assault in the Workplace
The document provides an outline for a workshop on preventing sexual harassment and assault in the workplace. It includes definitions of sexual harassment and assault under Guyanese law. It discusses behaviors that constitute harassment, how harassment can occur, and the impact on victims. It emphasizes the importance of having policies against harassment, reporting mechanisms, and fair investigations. The goal is to raise awareness and prevent harassment through education.
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Prevention of Sexual Harassment and Sexual Assault in the Workplace
- 1. Prevention of SexualHarassment and Sexual Assault in the Workplace Prepared by : Vidyaratha Kissoon (July 2021) Email : [email protected] (Creative Commons : Share with attribution)
- 2. About these slides ● Theseslides provide content which could support awareness and training about sexual harassment prevention in the workplace in Guyana. They have been used in workshop settings. Please feel free to use ● Thanks to Carlotta Boodie-Walcott and Sherlina Nageer for some of the content
- 3. Outline ● Understanding what issexual harassment ● Legal Definitions – sexual harassment, sexual assault ● Behaviours which constitute sexual harassment ● How it happens ● Impact on the persons experiencing sexual harassment ● How do we prevent? ● Reporting and investigation ● Quick knowledge check
- 4. Understanding what issexual harassment Invite participants to brainstorm what they think is sexual harassment
- 5. Legal definitions The Preventionof Discrimination Act (Guyana) (PDA) defines sexual harassment as “unwanted conduct of a sexual nature in the workplace or in connection with the performance of work which is threatened or imposed as a condition of employment on an employee or which creates a hostile working environment for the employee.”
- 6. Legal definitions ● PDA Section4 – Omission of action to stop harassment is also discriminatory
- 7. Legal Definitions PDA Section8 ● “Any Act of sexual harassment against an employee committed by an employer, managerial employee or co-workers shall constitute unlawful discrimination based on sex with the meaning of section 4 of this Act” ● Fine not exceeding 20,000 GYD
- 8.
- 9. Legal definition -SexualAssault ● Sexual Offences Act (2010) Section 4(1) 1) A person (',the accused") commits the offence of sexual assault if- (a) the accused - (i) touches another person ("the complainant' ) in a sexual way; (ii) causes the complainant to touch the accused in a sexual way; (iii) causes the complainant to touch a third party in a sexual way; or (iv) otherwise indecently assaults the complainant within the meaning of any other law; (b) the complainant does not consent to the touching or the act which would constitute sexual assault; and (c) the accused does not reasonably believe that the complainant consents. – Penalty is imprisonment
- 10. Behaviours ● Examples of conductor behaviour which constitute sexual harassment and are deemed prohibited include, but are not limited to: Physical Conduct – Unwelcome physical contact including massaging, pinching, stroking, kissing, hugging, fondling, or inappropriate touching. – Physical violence, including sexual assault. – Physical contact, e.g. touching, massaging neck or shoulders. ● The use of job-related threats or rewards to solicit sexual favours. ● Stalking or unwanted pursuit including following, monitoring, surveillance via various media. These behaviours have been written into a policy document in at least one local company
- 11. Behaviours Verbal Conduct – Commentson a colleague’s appearance, sexuality or gender in a derogatory or objectifying manner or a manner that makes them uncomfortable. – Sexual comments, stories and jokes – Sending unwanted sexually explicit photos, emails, or text messages . – Sexual advances. – Repeated and unwanted social invitations for dates or physical intimacy. – Whistling or catcalling.
- 12. Behaviours ● Non-Verbal Conduct – Displayingsexually explicit objects, posters, calendars, reading materials or messages that are sexually demeaning or pornographic. – Sexually suggestive gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience. – Staring in an intimidating or obviously suggestive manner or in a way that makes a Team Member uncomfortable.
- 13. How can ithappen? The film ‘The Boss’ shows a scenario. The film is on YouTube at https://youtu.be/H5owCNvik0E The film depicts sexual harassment and might be disturbing for some viewers . (Training activity : Show the film and discuss the points )
- 14. Some points fromThe Boss The power difference between the boss and the employee The reference to the hiring to show the vulnerability Recognising the vulnerability of the worker The body language to prevent the employee from leaving – false imprisonment The sexual assault behaviours – touching the ears, the kiss, the hug The gaslighting afterwards – “this did not happen”
- 15. Why does ithappen? Sexual harassment as a form of gender based violence Different from harassment based on race, age, ability, or any other status Does not always mean/involve sexual attraction
- 16. Gender A set ofsocial, psychological and emotional traits, often influenced by societal expectations that classify an individual as feminine, masculine, androgynous or other. Gender can change over time, is influenced by culture and other factors
- 17. Gender Gender is associatedwith concepts of sex, gender identity, gender expression and sexual orientation Check the Genderbread Person video at https://youtu.be/-cdsGFnNp6Q
- 18. Gender based violence Sexualand gender-based violence (SGBV) refers to any act that is perpetrated against a person’s will and is based on gender norms and unequal power relationships.
- 19. Forms of Genderbased violence Sexual harassment – work place, home, street Domestic violence/Intimate partner violence Rape, Sexual Assault, other offences Female Genital mutilation Denial of access to Sexual and reproductive health services Not all forms are illegal
- 20. Summary Video made forprevention of sexual harassment in schools Video : What Is Sexual Harassment? - YouTube
- 21. Impact of sexualharassment on the individual Emotional : debilitating stress reduction Reduced productivity in hostile environment Damaged employee relations Reinforcement of stereotype of women as sex object (dominance and objectification ) Risk of losing job
- 22. Impact of sexualharassment on the individual Emotional : debilitating stress reduction Reduced productivity in hostile environment Damaged employee relations Reinforcement of stereotype of women as sex object (dominance and objectification ) Risk of losing job
- 23. Impact of sexualharassment on organisation Bad relations among employees Lower productivity Potential financial loss and negative public image
- 24. How do weprevent? STOP Source must be confronted Target should speak up/out Observers have a role to play.. no innocent bystanders Persons in authority have to condemn sexual harassment The importance of awareness for prevention, and a policy in the company or organisation
- 25. Case studies ● Cheddi JaganInternational Airport (Click links for news reports – there may be updates ) – June 2018 – Woman reports to manager about sexual assault, one year later – June 2019 – Woman reports matter to police, CJIA locks woman out , claims that the management investigated and found nothi ng wrong.Media reports that ‘nothing new’ – July 2019 – CJIA says they contracted consultants to review policies and procedures – August 2019 – Charges filed – Jan 2020 – Case (sexual assault) dismissed in court - No further reports of a policy in the workplace ● Guyana Football Federation – March 2018 – allegations reported GFF responds, Board of Inquiry (BOI) convened (external), media reports that the reports are nothing new – November 2018 – BOI submits report – December 2018 – One Referee fired, the other suspended – no police matter reported – July 2019 – GFF sexual harassment policy in public domain
- 26. Reporting and investigation ● Managementmust recognise that there are many factors which prevent reporting and ensure these factors are addressed in a policy ● All reports should be treated in confidence. ● The complainant might decide not to go to the police, but the company can still investigate and take action as per its own policies ● All investigations should be done fairly and completed in a timely manner.
- 27. Checking our knowledge.. Decideif you think each statement is Truth, Lie or ‘It Depends’ 7 Statements – answer after each statement
- 28. Truth, lie, itdepends? 1. If nobody complains, it’s not sexual harassment.
- 29. 1. Lie. Peoplecan feel sexually harassed but not say anything. It’s up to each person to police their behaviour to ensure that it’s not offensive to others
- 30. Truth, lie, itdepends? 2. Only a man who is gay would sexually harass another man; or a woman who is lesbian would sexually harasses another woman.
- 31. 2. Sexual harassmentdoesn’t have to do with sexual attraction necessarily. Sexual harassment is often about power.
- 32. Truth, lie, itdepends? 3. Most people are ok with the sexual joking around. It’s not a problem if only one or two people are uncomfortable.
- 33. 3. No, it’sstill a problem, maybe even more so, if management engages in this kind of behaviour as well.
- 34. Truth, lie, itdepends 4. They’re just flirting with each other; that’s not sexual harassment.
- 35. 4. If allparties involved welcome the attention/contact, it is not sexual harassment. Remember though that people’s feelings can change over time and what is ok one time might not be ok another time.
- 36. Truth, lie, itdepends? 5. Complimenting member of the opposite sex on their looks/body is just a normal part of our culture. It’s not sexual harassment.
- 37. 5. It canbe, if anybody feels uncomfortable or expresses discomfort with the attention. It is important to remember that not everybody has the same attitudes/beliefs or looks at things the same way. Respecting each other’s differences is important to maintaining a safe and friendly work environment.
- 38. Truth, lie, itdepends? 6. The space is small so we cannot help brushing against our colleagues. As long as I apologize, it’s ok, right?
- 39. 6. No, apologizingis not enough. Preventing unwanted contact in the first place is best. Can warn co-workers to move out the way, give them enough time, etc, if you really care about not offending them.
- 40. Truth, lie, itdepends 7. Sexual harassment is a women’s issue only. Men can’t get sexually harassed.
- 41. 7. Men canbe victims of sexual harassment .
- 42. 7. Men canbe victims of sexual harassment .
- 43.