Equal focus for sexual harassment victims and accused

EQUAL focus must not only be placed on victims of sexual harassment in the workplace, but on those who have been wrongfully accused of malicious allegations.

This was the view today of David Brown, human employee relations manager at the National Maintenance Training and Security Company Ltd.

He was speaking at the TT Chamber of Commerce, Westmoorings on the topic, The Draft National Sexual Harassment is Everyone’s Business.

“I think legislation should be balanced, and if you are dealing with the victim of sexual harassment you also have to take into consideration the reverse of the sexual harassment and the victim, in the context of who was accused of something they did not do. There should be redress for that person in the legislation.

“Based on the person’s strength, there should be counselling for a person who has been accused. The organisation must have a role in ensuring they create an opportunity for the person to continue in employment as if the incident never occurred.”

Brown said the document does not pay attention to treating with sanctions against individuals who would have maliciously made complaints, against a male or a female, of sexual harassment.

He said it is very important to have a balance in the policy because people with malicious intent will be wary of making such accusations unless it is properly founded.

"Leaving the matter unattended will give other people the feeling that there was some truth to the initial allegation against the person."

President of the Association of Female Executives of TT, Yolande Agard-Simmons, said having reviewed the draft policy, which is “well crafted and provides great insight into engaging employers to create a harmonious, dynamic and equitable industrial relations climate,” the association believes there is room for further development.

Agard-Simmons said the association found sexual harassment to be an issue that has direct psychological and emotional effects on witnesses and they themselves can be victims of acts of sexual harassment not directly perpetrated upon themselves.

“As such, a policy that considers these effects and creates avenues for addressing the effects of sexual harassment on witnesses to the act, would ensure holistic protection of all people affected by the issue.

“Furthermore, with the presumption of innocence of all persons accused of perpetrating acts of sexual harassment, we believe that perhaps the policy can include measures to avoid abuse of the policy, so as to prevent innocent persons from being persecuted.”

She said within the policy there should be avenues for penalties for people making false allegations and for those people who use the policy maliciously.