Sexual Harassment at Work; Facts & Remedies

Sexual harassment?

“Sexual harassment” is regarded as any behavior of a sexual nature that affects the dignity of women and men, considered as unwanted, unacceptable, inappropriate and offensive to the recipient.

?At Work, sexual harassment creates an intimidating, hostile, unstable or offensive work environment and have a depreciating effect on human dignity, quality of work and business growth.

Forms

Physical- unwelcome touching, hugging, massaging, kissing, Physical violence or unnecessary close proximity. Worst form (Attempted Rape & Rape)

Verbal- sexual comments or jokes, making promises in return for sexual favours, intrusive questions about a person’s private or sex life or a person discussing their own sex life, propositions and sexual advances, sexual posts or contact on social media, spreading sexual rumours about a person and sending sexually explicit emails or text messages.

Non-Verbal - suggestive looks, staring or leering, displaying sexually graphic pictures, posters or photos and sexual gestures.

Sexual harassment is a manifestation of sex-based discrimination and the new phase of gender-based violence include that the Male gender as victims of harassment including sexual harassment.

The power imbalance between the perpetrator and victim gives the perpetrator the opportunity to take undue advantage by making benefits conditional, such as a pay rise, a promotion, or even continued employment. The victim is compelled to acceding to demands to engage in some form of sexual behavior. This creates hostile work environment impeding productivity and growth.

The tripartite Effect – Victim- Workplace & Society

Sexual harassment at work is a specie of sexual discrimination with negative impact on the Victims, the workplace and the Society at large.

The Victim

Sexual Harassment is a lonesome evil permeating the fabric of our society and diminishing the human dignity especially Women, who are the victims most of the time.

Victims of sexual harassment are faced with the following challenges;

• The fear and stigma that comes with seeking redress.
• Who to approach for reporting/ lack of an established procedure for reporting.
• The fear of losing your job
• Fear of losing professional standing and personal reputation
• The fear and possibility of being victimized.
• The harasser gets a recurring opportunity to do more damage.
• Weak institutions to give the needed support

Most victims of sexual harassment pursue a personal remedy by quitting the job and seek employment elsewhere. The tragedy is that the victim carries the stigma along and there is nothing to keep harassers at bay.

The victim suffers Physiologically, emotionally, and physically.

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When the Harasser is the BOSS

There is no better opportunity to talk about the shared experience of Favour Kalu, a Nigerian Female footballer currently plying her trade in Athletico FC d’ Abijan Cote d’ voire.

She explained that one of her biggest challenges is sexual harassment and give some details about harassment from coaches and teammates alike and the offer to advance her career by some coaches on the condition that she submit to their demands.

Favour’s story is one out of many who are subject to sexual harassment at work

Sexual harassment cam has negative impact on her work and impede career development.

The Habitual harasser doesn’t take NO for an answer and always keeps coming with persistent pressure until the victim either surrenders or gives up the job. An evil obsession propelled by power to oppress and dominate others in a work environment and beyond.

There is no Doubt that sexual Harassment and Harassment related to sex undermines gender equality at work, creates unfair practices in employment, and adversely impacts the dignity and well-being of workers.

And where the Harasser is the Boss- their must exist formidable institutions to provide the protection for alleged victim, resolve sexual harassment claims and provide the needed support for victims.

The effects of harassment on individuals are damaging, long-lasting and profound. Employers can and must take action to change culture and behaviors and eradicate harassment in the workplace.

WORKPLACE

The cost of condoning sexual harassment at work is not limited to loss of productivity, lower worker morale and commitment to work.

An organization vulnerable to incident of sexual harassment or any form of harassment often experience decreased productivity: The motivation for employees to thrive is gone due to the hostile work environment. A decline in performance equals a decline in revenue for such an organization.

The reputational hazard that follows when an organization fails to address sexual harassment and all forms of harassment at work is enormous.

Sexual harassment is no stranger to great organizations and countries- the case of Vishaka and Others v State of Rajasthan in India revolutionized the stand of the government on sexual harassment at work. The Bill Clinton and Monica Lewinsky- a scandal that had an immense impact on politics and governance in the United States in the mid-1990s shows that no organization or country is immune from this evil.

The foregoing proves that sexual harassment at work is global concern and Nigeria has her fair share of the worries to deal with. Sexual harassment at workplaces in Nigeria is more profound than we share. Most victims of sexual harassment have to bow to the pressure of now and keep their sad story for the future.

THE SOCIETY

Institutions makes societies and the posture of theses institution dictates the minimum acceptable standards. The inability of Institutions to take a solid stand of issues like sexual harassment have created an atmosphere of lawlessness, impunity, and depression for victims.

This creates a society where victims of this atrocities don’t have anyone to report to and be assured of confidentiality and prompt actions. Sometimes the victims of sexual harassment are blamed for the long silence.

This is resulting in a decline in the dignity of people and their motivation for productivity.

Neglecting the need to address sexual harassment in your workplace can have devastating consequences on your employees, business and society.

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We need to turn the question around to look at the harasser, not the target. We need to be sure that we can go out and look anyone who is a victim of harassment in the eye and say, 'You do not have to remain silent anymore. - Anita Hill

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Laws & Conventions

Nations of the world have adopted The Violence and Harassment Convention, 2019 (No. 190) C190. On the 8th of November 2022, Nigeria became a signatory to the Violence and Harassment Convention, 2019 (No. 190);becoming the 22nd country in the world, and the 6th African country, to ratify Convention No. 190

Members agreed to adopt laws and regulations to define and prohibit violence and harassment in the world of work, including gender-based violence and harassment.

Members agreed to adopt laws and regulations to define and prohibit violence and harassment in the world of work, including gender-based violence and harassment.

The articles of the convention:

• Recognizes the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment.
• Admits that violence and harassment in the world of work can constitute a human rights violation or abuse, and that violence and harassment is a threat to equal opportunities, is unacceptable and incompatible with decent work.
• Task Members on the important responsibility to promote a general environment of zero tolerance to violence and harassment in order to facilitate the prevention of such behaviors and practices, and that all actors in the world of work must refrain from, prevent and address violence and harassment.
• Acknowledges that violence and harassment in the world of work affects a person’s psychological, physical and sexual health, dignity, family, and social environment.

Nigeria among other nations of the world is expected to bring the fruit of this convention to the service of her people by introducing laws specifically addressing workplace harassment at work, provide a formidable grievance procedure that protect alleged victims and the enforcement of laws prohibiting sexual harassment and all forms of harassment at work and beyond.

Where do we go from here

• Regardless of the size of an organization, effective measure must be taken to prevent sexual harassment at the workplace.
• Every employer should adopt, promote, implement and monitor a policy on sexual harassment within workplace regulations, collective agreement or other legal regulations of the company. The policy should be jointly developed with the trade union to ensure its effective implementation.
• Zero tolerance policy for sexual harassment or any form of abuses is a path to safe working environment ideal for business growth and career development.
• Condoning sexual harassment at work gives the harasser a recurring opportunity to exhibit such unacceptable and inappropriate sexual behavior towards co-workers.
• Sexual Harassment Policies should be hinged on the rules of Natural Justice.
• The policy on sexual harassment at workplace should be effectively communicated to employees at workplace.
• Ensure that alleged victims of sexual harassment do not have fear of victimization or feel that their grievances are being ignored or trivialized.
• Creating a reintegration plan for confirmed victims of sexual harassment.????????
• Creating a sexual harassment free work environment is a collective responsibility of an employer, employee, trade unions, employers’ association and the Government.
• Adequate provision for Prevention, Prohibition and Redressal of sexual harassment to cover employees in the informal economy
• Educating the public on the evils of sexual harassment and the established protocol for reporting sexual harassment.

REFERENCES

• Constitution of the Federal Republic of Nigeria 1999.
• Declaration on Fundamental Principles and Rights at Work- International Labour Office.
• Handbook on Sexual Harassment of Women at Workplaces, (Prevention, Prohibition and Redressal) Act, 2013 Ministry of Women and Child Development, Government of India- The New Dawn Project, November 2015.
• Technical guidance - Sexual harassment and harassment at work. Equality and Human Right Commission.
• The Violence and Harassment Convention, 2019 (No. 190) C190.
• The Violence Against Persons (Prohibition) Act 2015?
• Ms Lisa Wong; Senior Specialist in Non-Discrimination, Fundamental Principles and Rights at Work Branch, ILO Geneva Code Of Conduct On Sexual Harassment In The Workplace -May 2015.
• https://punchng.com/teammates-coaches-tried-to-sleep-with-me-female-footballer/ accessed on the 17th, September,2023.

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