Under the new Sexual Harassment (Protection and Prevention) Act, employers or heads of institutions are obligated to create a sexual harassment policy statement that outlines how employees will be protected from sexual harassment and procedures to address an issue should it arise.

The act, implemented on July 3, 2023, states that employers or heads of institutions such as schools and prisons have one year to create a policy statement and share it with their employers or members of the institution.

Part Two, subsection three of the act, states that employers are obligated to make a ‘reasonable effort’ to create an environment free from sexual harassment. Heads of institutions also have a duty to ensure that students, residents, wards, inmates, patients, or members are not sexually harassed.

Additionally, the act states how the sexual harassment policy should be outlined and publicized and the information that must be contained in the document.

Part Two, subsection three of the act, states that the sexual harassment policy should include the following:

• A statement that defines sexual harassment is similar to the definition cited in the act.

Sexual harassment, as defined by the act, is “the making of any unwelcome sexual advance towards a person, by another person, which is regarded as offensive or humiliating by the person towards whom the sexual advance is made; or has the effect of interfering with the work performance of the person to whom the sexual advance is made; or creating an intimidating, offensive or a hostile work environment, and references to the term sexually harass shall be construed accordingly”.

• A statement that says workers, employers, and other members of the institution have the right to a harassment-free environment.

• A statement that says appropriate disciplinary actions will be inflicted if a person is guilty of the offence and a list of disciplinary actions for anyone who commits the offence.

• A section that outlines the procedure to make a complaint and how the matter will be addressed.

• A statement informing a person of their right to seek redress from the Tribunal under the Act.

The tribunal is a body that will serve as another means of redress that a victim can access if they feel their employer has failed to act on a complaint.

• A statement that says the employer or the person to who a complaint is made cannot disclose information about the case to anyone unless the information disclosed is to help facilitate an investigation or disciplinary actions. The policy should also state that if an employer shares information about a complaint that is not in the furtherance of an investigation or disciplinary action, the victim has a right to seek redress from the Tribunal.

• A statement that says all internal procedures must be exhausted before a complaint is made to the tribunal.