The proposed Sexual Harassment law: What you must know

Recently a Bill entitled "Sexual Harassment Act, 2015" was tabled in the Parliament of Jamaica. The Act's stated objectives are to create the necessary legislative framework for identifying and treating with issues of sexual harassment "which is employment related, occurring in institutions or arising in the landlord and tenant relationship".

The Bill defines "sexual advances" as distinct from "sexual harassment" which it defines as "the making of any sexual advance towards a person, by another person, which is reasonably regarded as unwelcome, offensive or humiliating by the towards whom the sexual advance is made, and references to the term "sexually harass" shall be construed accordingly".

The Bill lists the duties of an employer in regards to the Prevention of Sexual Harassment as:

1. An employer shall make every reasonable effort to ensure that his Workers are not sexually harassed in the course of their employment.
2. A person who is in charge of an institution shall make every reasonable effort to ensure that the students, residents, wards, inmates, patients or members, as the case may be, of that institution, not sexually harassed.

It also stipulates that a "policy statement" be issued and that steps be "reasonably" taken bring the policy statement to the attention to all stakeholders.

If there is one thing every employer must do...it is acquaint themselves with the contents of this Bill and start to sensitize there employees on what the law is likely to be. A word to the wise is sufficient.