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As the #MeToo movement continues to expose men in positions of power across the world, for placing women in uncomfortable situations in and outside of the workplace, businesses and other institutions throughout Jamaica will soon face a tight deadline to establish sexual harassment policies to protect their staff or members.

The proposal is contained in a jont select committee report on the Sexual Harassment Bill which was tabled in Parlliament last month.

Addressing Parliament on Tuesday (July 6), Olivia Grange, minister of culture, gender, entertainment and sport, made note of the requirement for a sexual harassment policy statement to be instituted within a year of the new law coming into effect.

“Within 12 months from the date of commencement of the Act, every employer and person in charge of an institution shall ensure that the policy statement required under the legislation is prepared and shall take such steps as are reasonably required to bring the policy to the attention of each worker, client, student, resident, ward, inmate, patient, or member, as the case may require.”

Olivia Grange, minister of culture, gender, entertainment and sport

“It was considered vital that the policy statement of every organisation and place of institution be instituted within 12 months,” Grange said as she opened debate on the commitee’s report.

“This means that no workplace or institution has the luxury of choosing when to effect compliance with this part of the legislation. Within 12 months from the date of commencement of the Act, every employer and person in charge of an institution shall ensure that the policy statement required under the legislation is prepared and shall take such steps as are reasonably required to bring the policy to the attention of each worker, client, student, resident, ward, inmate, patient, or member, as the case may require.”

Anticipating concerns around the ability of businesses and other institutions to meet the deadline, Grange noted that the legislation includes a sexual harassment policy statement template which provides guidance on how they can construct their respective statements.

She said it would also be required that entities maintain a confidential register in sexual harassment cases, as “many complaints of sexual harassment are often made internally before any judicial involvement arises”.

Said Grange: “Under this legislation, an employer, or a person in charge of an institution has a duty to keep and maintain a register. Such a register will detail all information relative to a sexual harassment complaint to
include, the name of the parties to the sexual harassment claim; the particulars of the sexual harassment claim; the date on which the sexual harassment claim was lodged; any action taken by the employer or person in charge of an
institution in relation to the sexual harassment claim; and such other particulars relating to the sexual harassment claim as may be prescribed.”

She added that, under the legislation, an employer or person in charge of an institution would be required to ensure that the information contained in the register is kept in a secure manner and that the confidentiality of the information is preserved.

The employer or person in charge of an institution will be required to take all necessary and appropriate measures to protect the information contained in the register from unauthorised access, unauthorised use, and unauthorised disclosure; and ensure that any person who has access to the register adheres to those measures.

The joint select committee, in its deliberations, also widened the understanding of who might commit an act of sexual harassment to include clients, one student to another; and employees to employers.

An individual could also now be reported for committing an act of sexual harassment up to six years after the incident, rather than the 12 months originally proposed.

“Further, the committee recommends that the [Sexual Harassment] Tribunal be empowered to enlarge time — which means granting permission to a complainant who complains out of time to bring his or her matter to the Tribunal,” Grange said.

“Such permission should only be granted once the complainant can give reason as to why the complaint was not made in time.”

With the committee’s report approved across-the-board support within the Gordon House Chamber, debate on the legislation was suspended to allow those parliamentarians who were not present on the day an opportunity to make contributions at a later date.