Persons Alleging Sexual Harassment Can File A Complaint with Their Employer

Jamaicans alleging that they have been sexually harassed by a fellow employee, client, peer or staff member in a position of authority can submit a written claim to their employer or institution head.

Principal Director for Gender Affairs in the Ministry of Culture, Gender, Entertainment and Sport, Sharon Coburn Robinson, explained that within two days of receiving the sexual harassment claim, the employer or institution head should notify the person who is the subject of the complaint in writing by electronic means or otherwise.

“HR (human resources department) has up to 14 days to start the proceedings or just to start the investigations,” she told JIS News.

Mrs. Coburn Robinson added that based on the “grievous nature” of sexual harassment, probes should progress without delay.

She further advised that an employer or institution head who does not take action will be liable for failure to act, and a person who is aggrieved by said inaction may make a complaint to the Sexual Harassment Tribunal.

Section 27 (4) of the Sexual Harassment (Protection and Prevention) Act, 2021, states that prior to making a complaint to their employer or institution head, an aggrieved party should exhaust the use of any internal mechanisms and procedures that are available.

This, as provided for in the policy statement issued by an employer or a person in charge of an institution.

Notwithstanding the provisions of Section 27(4), a person who alleges that he or she has been sexually harassed may make a complaint directly to the Tribunal.

“There’s a unit in the Bureau of Gender Affairs, the Sexual Harassment Investigation Unit, which is staffed with three sexual harassment investigative officers and one senior sexual harassment investigative officer. Those persons are trained to take the complaints in a non-discriminatory manner and feed that to the Tribunal,” Mrs. Coburn Robinson told JIS News.

Meanwhile, the Principal Director reminds Jamaicans that the legislation is gender neutral.

“Some persons think that it is designed to protect women, and so if a man says hi to a lady and compliments her, he’s going to end up at the Tribunal. That is not the case. The idea is not to penalise men. Whether you are male or female and you experience harassment, you can bring your case forward, and the whole idea of it is to create healthy workspaces,” she explained.

The Act, which took effect on July 3, addresses concerns about sexual harassment that are employment-related, occurring in institutions or arising in the landlord and tenant relationship.

It contains provisions for dealing with sexual harassment in the workplace, schools, correctional institutions, places of safety, nursing homes, and medical and psychiatric facilities, among other places.