Jamaica Sexual Harassment Act explained

 

Written by Damalio Powell

The Jamaican Sexual Harassment Act is an Act that was passed in the Upper House of Parliament on Friday, October 1, 2021. The law is gender-neutral and aims to protect and prevent sexual harassment against both men and women. 

So, what is sexual harassment? Sexual harassment is defined as unwelcomed sexual conduct that is viewed as offensive or humiliating by the receiving party. 

Previously Welcomed Sexual Conduct 

It’s important to note that the fact the aggrieved party had previously welcomed such conduct does not prevent their right to make a complaint in regard to other similar future behaviour.

Sexual harassment includes:

- Persistent unwanted sexual advances, such as inappropriate touching, which the receiving party indicates is unwelcome. 

- Any implicit or explicit threat directed to a person who refuses a sexual proposal. 

- Any promise of a benefit or a reward based on compliance to a sexual proposal. Continued or repeated commentaries about a person’s body or body parts.

- Any promise of a benefit or a reward based on compliance to a sexual proposal.

- Continued commentaries about a person’s body or body parts.

- Use of offensive sexual language.

- Any display of pornographic material.

- Any persistent unwanted social invitations.

Sexual Harassment from Direct Supervision  

Where the complainant is directly supervised by the alleged offender, the complainant should where possible, from time of notification of the offence, be placed under the supervision of another person.

Where should Sexual Harassment Complaints be Dealt with?

Most organisations prefer that the sexual harassment policy be situated in the Human Resource Department and therefore all complaints are thus directed to Human Resources and all investigations are also conducted by them. The Human Resources Department should activate the process through the taking of written statements.

The accuser should include in the statement: dates, how many times the incident happened, the nature of the behaviour, and the names of any witnesses.

In deciding whether or not the alleged conduct represents sexual harassment, the Human Resource Department should inspect the records of both offender and accuser and examine the context in which the alleged incident took place.

A Hearing should be conducted within a specific time period, with both parties through representatives being able to field questions to the other side.

Penalties

If allegations are proven to be true, penalties will be applied based on different levels of harassment. Repeat offenders should be given more serious sanctions than first-timers.