Sexual Harassment: - managing this workplace risk.

I’m FINALLY spilling the sauce because preventing #sexualharassment , in the workplace, is a priority for employers, I think, given the business and legal implications when #sexualharassment occurs in the workplace, and of course, the desire to ensure all employees are safe at work - SHOULD I SPILL?

..…see how some FAILED to mitigate this potentially disastrous human capital risk - and why doing the OPPOSITE will make you wildly successful.

Employers Be-Ware !!

Scenario #1 In the case of?CAS v CS Ltd , the employee, disclosed that she was constantly sexually harassed by various staff members, including some in management. The lack of a sexual harassment policy, by the employer, added to her frustration and harassment. The court found the employer guilty of failing to have a sexual harassment policy in violation of section 6 of the Kenyan Employment Act.

Additionally, upon making her complaint, the employee was issued with a show-cause letter and later dismissed. The judge held that the reasons for dismissing the employee were not valid given that she was dismissed for seeking help at the employer’s head office. In this matter, the court found that the employee had been summarily dismissed and awarded her a compensation of approximately Kshs. 422,726.85.

Scenario #2 Similarly, in the case of?SRM v GSS (K) Limited & another , the employee disclosed she was being sexually harassed by an employee in top management and was dismissed after making her complaint. The court found the employer guilty of failing or ignoring to investigate the claim expeditiously, and impartially, as required by the company’s internal procedures.

The court held that the employer did not follow the process outlined within the business ethics policy. In this matter, the court found that the employee had been unfairly dismissed and awarded her compensation of approximately Kshs. 5,928,000.

Sexual Harassment

While everyone should understand the laws that can protect them in the workplace. Though some may think that having a law/policy in place will stop bad behavior - nah! nah! Combating sexual harassment requires an intentional, comprehensive focus - in a bit, I will sprinkle some thoughts on that too!

Legal shield - The Sexual Offenses Act

Section 23(1) of the Sexual Offences Act, No.3 of 2006, defines sexual harassment as “continuous unwelcome sexual advances, request for sexual favors, lewd verbal or physical gestures by someone in authority.”

It goes on, to discuss the victim’s response to inappropriate moves will also be used in the legal proceedings. It will be considered if an employee gives into their superior’s perverted demands to save their job, and especially if it creates an uneasy and offensive work environment for the victim.

?Employment Act

Sexual harassment is described in Section 6(1) of the Kenyan employment act as any instance in which a superior or co-worker asks an employee for a sexual favor, such as having intercourse, signing a sexual contract, or engaging in any sexual activity in return for better growth opportunities or favoritism among other employees.

?Additionally, the use of improper, suggestive language, written or verbal, is also classified as sexual harassment according to the Kenyan employment act.

Sub-clause two of the same section requires that every organization with 20 or more employees ought to have a sexual harassment policy, and the employer must ensure that the policy is implemented. Employers should, therefore, train their employees on the parameters of the policy.

Punishment?for?Sexual Harassers

The law of Kenya provides for a minimum of 3 years imprisonment or payment of kshs 100,000 or more as a fine for anyone declared a sexual offender. Be it a verbal or physical form of indecent behavior by a person in authority; the act will be punishable if the alleged perpetrator is proven guilty.

Why Policies Aren't Enough – and what to do?

Among the things, organization leaders can do to prevent sexual harassment include.

Focus on #organizationalculture

• A culture that stresses both respect and accountability is one of the best preventative shields against harassment of any type.
• The Organization’s sexual harassment policy should hold Board members, and Employees accountable to make sure that their own conduct is not unwelcome, and does not contribute to a #workplaceculture that is hostile or constitute illegal harassment.
• Additionally, supervisors and co-workers who sincerely respect one another will think twice before sending a co-worker into a situation that may expose the colleague to a hostile work environment - familiar? Further, they will not use verbally demeaning or offensive language with, or about, one another.
• Similarly, a culture that stresses accountability will help empower employees to raise concerns and underscore the organization’s commitment to investigate complaints thoroughly and promptly (includes providing feedback to person(s) who made a complaint - rather than leaving the person(s) wondering what steps were taken in response to the complaint(s)).
• Finally, the policy should clearly state the consequences, such as: “Violations of this policy will include discipline up to and including termination of employment.”

Employee Onboarding

• Set the organization expectations VERY EARLY in the game for ALL those joining - without exception!!
• New staff, / board members should learn about the organization's policy prohibiting harassment and retaliation and where to report concerns within their first days of employment/service.
• Sprinkle a discussion about sexual harassment during the orientation and easily pair it with discussions about the organization's code of ethics and/or statement of values. It is critical during the new employee onboarding, that an explanation on retaliation against any employee who raises a concern or complaint is expressly forbidden, explain the process for raising concerns / a complaint, and point out to whom concerns should be directed.?

Training

• Some harassment occurs because harassers are not sensitive nor aware that their conduct is offensive!
• Raising awareness about what constitutes “unwelcome” conduct (or conduct that creates a “hostile” environment) is often an eye-opening experience that serves as a building block for improved internal communications and more confident interactions between individuals in the workplace.
• Training can build awareness, about prohibited conduct, and familiarize everyone with the procedures that are in place to protect victims, investigate allegations, and address violations.

What does a “zero tolerance” policy look like?

Every organization – and those with 20+ employees in Kenya, it’s the law - should have a written policy against sexual harassment. You can customize the policy as appropriate, but at a minimum, while crafting and adopting your policy consider:

• Defining sexual harassment - lean heavily on what the law defines!
• Express “zero tolerance” for sexual harassment, among other forms of discrimination;
• Commit to a statement that those who violate the policy will be disciplined, up to and including termination of employment;
• Explain the process for filing a complaint in clear terms, including identifying the position(s) / person(s) to whom complaints should be directed;
• Commit to a statement that the organization will take all complaints seriously and fully investigate any complaint;
• Also, express “zero tolerance” for retaliation against anyone who complains about sexual harassment.

Reporting sexual harassment

• Staff should know they can report instances of sexual harassment in a safe way. When the process for reporting is too cumbersome, or just unclear, harassment is more likely to continue unreported, putting more individuals at risk.
• The policy should identify more than one individual to whom complaints may be directed. The primary concern is that a reporting process won’t be used if it requires an alleged victim to file a complaint with the person who is harassing the victim. Some organizations utilize the services of independent third-party to receive and investigate complaints.
• Consider putting in place an objective third-party reporting system such as a hotline that lets employees anonymously report suspected conduct.
• Yes, and do respond to all reports/complaints!! Will you!

In Conclusion - if there ever was such a word!

And...so..... if you don’t have a sexual harassment policy yet OR you’ve been at it for a few years and you’re itching to make that BIG leap and plug this exposure THEN go for it! .........this is your chance to steal our strategy!

I have literally?handed you our damn blueprint - just almost!!. ......

....eternal gratitude to all those generous Industrial relations minds over the years who molded this Industrial relation scalpel to cut through all the noise, and overwhelm, and to focus on the critical few things that get RESULTS.

Thanks... to the very informed team at the Federation of Kenya Employers , - do you remember them! - Abisai O. Ambenge , Linus Kariuki, Robert Muthaga, Maureen Onyango, late @HARRISON OGWENO OKECHE , and of course Andrew Masese WALTER MUSI MIHRM(K) GIDEON K. MUTURI .......and many more......