Jade Williams, policy and advocacy specialist at Jamaicans for Justice (JFJ), says the human rights lobby welcomes the implementation of the new sexual harassment act but more is needed to address sexual harassment in informal work settings and the streets.

The Sexual Harassment (Protection and Prevention) Act, implemented on July 3, is an initiative of the Ministry of Gender. The act stipulates that workplaces and various institutions must create a sexual harassment policy that outlines steps to create an environment free from sexual harassment.

In an interview with Our Today, Williams shared that the act is a step in the right direction because it awards the complainant multiple opportunities to seek redress.

“What is most impactful is that there is the opportunity for the complainant to take their complaint to the Sexual Harassment Tribunal, and there are several instances in which they can do that. So, the complainant is not limited to internal mechanisms to address the issue, or even if they had gone through those internal mechanisms and the result was insufficient, they will be able to seek further redress through the Tribunal. I think that is a significant step in the framework that we have,” said Williams.

According to the new act, if an employer fails to take action when a report is made, the complainant can take the matter to the Sexual Harassment Tribunal. The complainant, if dissatisfied with the outcome at the tribunal, can also see redress by bringing the issue to the Supreme Court.

Williams noted that the establishment of a tribunal is particularly beneficial to domestic workers, especially since it is harder for instances of sexual harassment to be monitored in informal workspaces.

“We do have a large population of just generally informal workers that aren’t necessarily working under the supervision of an institution, but rather another individual. So, I think what would be most instructive coming out of the application is to see how well those cases, in particular, are adjudicated. Because I think that the internal mechanisms of an institution that is already fully established will be easier to monitor than the mechanisms for individuals, small business employers, or even people that employ domestic workers,” said Williams.

She noted that while the act clearly outlines disciplinary actions that must be established in institutions and formal workplaces and provides a framework for a sexual harassment policy, it is less clear on what measures are available in informal settings.

Additionally, she noted that the act does not state the type of redress offered to a complainant if they report the matter to the tribunal.

“I’d really want to see what kinds of redress the tribunal ends up ordering, particularly in those cases with informal workers, as there is a clear mechanism, for example, to dismiss someone who may have been found to be guilty of harassment in an institution, or for there to be disciplinary actions taken in an institution. But where it is that informal employer-employee relationship, it is less clear what exactly the measures would be. So, if there’s any criticism of the legislation, that would be it,” she told Our Today.

SEXUAL HARASSMENT ON STREETS ‘A PROLIFIC ISSUE’

Williams said the JFJ is also advocating for the implementation of legislation that addresses sexual harassment on the streets, which the lobby organisation believes is a pressing issue.

“We do think that there need to be specific provisions to address street harassment as it is one of the more prolific forms of harassment that women experience in Jamaica, in particular. So, we hope that through the implementation of this act and seeing its gaps and how it is properly applied, we would be able to see where we can maybe develop those provisions to address street harassment as well,” she shared.

Under the new Sexual Harassment Act, workplaces and institutions have one year to create a sexual harassment policy statement to be shared with employees, members of institutions, and clients where applicable.

Williams said this awards institutions sufficient time to implement the policy and give notice to their employees. Additionally, she says institutions should ensure that the policy is shared with their clients because they are also bound under the act.

– Send feedback to [email protected]