Workplace sexual harassment is pervasive

Apr 03, 2022 Features / Columnists, Peeping Tom

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Kaieteur News – Many years ago, I had a conversation with a friend who had migrated to the United States. He related an incident in which he had to fire an employee over sexual harassment complaints made by a female member of staff.
The employee badgered the girl about going out with him. In the old days that would hardly have been considered as sexual harassment. But now, persistence in asking a co-worker out on a date constitutes sexual harassment.
Sexual harassment is considered as “an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.”
Unwelcome touching of persons is now considered as sexual harassment and even sexual assault. So all those men who like to touch females when they are speaking to them, had better be on their guard.
The PPP/C once had a minister who when he saw a female would stare at the person, moving his eyes deliberately up and down her body. Staring or leering at persons also qualifies as sexual harassment.
Others acts, which are considered as sexual harassment, include sexual comments or innuendos, probing questions about a person’s marriage or sexual life, comments about the person’s attractiveness or sending sexually explicit messages and mails.
Many Guyanese do not yet fully appreciate that much of the behaviour which they consider as being ‘wicked’ actually is now branded as sexual harassment. And this includes comments even private conversations and light exchanges.
Sexual harassment is rampant on social media. Last month, President Joseph Biden issued a proclamation on sexual assault. In that proclamation, he noted that one in every three women, below the age of 35, were subject to sexual harassment online.
Sexual harassment is pervasive within Guyanese offices, including within the government. And the harassment is not confined to the demand for sexual favours by those who exercise authority over their subordinates. It is also to be found in the ordinary exchanges of conversations between the opposite sex and which often are laced with sexual innuendos.
A co-worker may simply be making a compliment. But depending on what was said and how it is said, it may now be deemed as sexual harassment.
If a young lady upon entering an office is greeted by a co-worker with the words, “Good, morning, you look sprightly today. Like you get something last night”, this is considered as sexual harassment. But years ago, it would have been inconceivable for anyone to file a sexual harassment complaint over such a statement.
Addressing the problem of workplace sexual harassment is not going to be easy. Those who are committed to the eradication of the problem recognise the need for a complete overall of the workplace culture and environment and for clearly defined and implemented regulations on sexual harassment in the workplace.
Guyana is far from near when it comes to taking action to curbing workplace sexual harassment. While the laws of Guyana provide that sexual harassment constitutes unlawful discrimination, the definition of sexual harassment, under the Prevention of Discrimination Act, is limiting. Unlike the laws in other developed countries’ jurisdictions, sexual harassment is defined under that Act as, “unwanted conduct of a sexual nature in the workplace or in connection with the performance or work which is threatened or imposed as a condition of employment on an employee or which creates a hostile working environment for the employee.”
Guyana must pass a separate Sexual Harassment Act which would update and outlaw all forms of sexual harassment including harassment contained in electronic communication. There is equally a need to ensure that homophobic comments are designated as sexual harassment.
Whatever the limitations of our sexual harassment laws, the government has a duty to act upon allegations of sexual harassment. It is disappointing to have read the comments attributed to the President of Guyana concerning allegations made against one of his Ministers.
Regardless of whether an allegation is criminal or not, and in spite of the difficulties of establishing the jurisdiction in which the alleged harassment took place, the President has a duty to investigate and to take appropriate action.
During the era of Cheddi Jagan a contractor signed over a motor vehicle to the son of a Minister. No criminal act was established. The minister said it was a sale. Cheddi did not sweep the matter under the carpet. He investigated the matter and determined that the transaction was improper. He ordered that the vehicle be handed back to the contractor.
If the President is not prepared, at the minimum, to investigate the allegations which are now in the public domain, the complaint should be forwarded to the foreign embassies.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

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