Men sexually harassed too

WOMEN are not the only victims of sexual harassment in the workplace.

Acting Labour Ministry permanent secretary Natalie Willis made this statement during a public hearing of the Human Rights, Equality and Diversity Committee at Tower D of the Port of Spain International Waterfront Centre last Friday. Committee chairman Dr Nyan Gadsby-Dolly asked whether women alone were the victims of sexual harassment in the workplace.

Willis replied, "Sexual harassment can be via male to male, male to female, female to male, female to female." Gadsby-Dolly said it should now be clear to everyone that "anyone can undergo sexual harassment in the workplace. Willis said for conduct to be deemed as sexual harassment it must be "unwelcome by the recipient." Sexual harassment is defined as bullying or coercion of a sexual nature and the unwelcome or inappropriate promise of rewards in exchange for sexual favours.

Gadsby-Dolly asked whether compliments could be deemed sexual harassment. The ministry's acting chief labour relations officer Sabina Gomez said it could if there is "sexual content or innuendo." While people have a penchant for picong, Gomez said jokes of a sexual nature which make people uncomfortable can be described as sexual harassment. Should a person apologise for making such a remark, Gomez said the matter could be nipped in the bud. "Not everything has to go to litigation," she explained.

Equal Opportunities Commission (EOC) legal services director Haran Ramkaransingh said sexual harassment is a form of discrimination. He said it is one of several different forms of discrimination the EOC is empowered under law to deal with. Ramkaransingh said two out of four sexual harassment complaints before the EOC involve men making complaints against women who are senior to them. He added sexual harassment can undermine working relationships in an organisation.

Gadsby-Dolly and Independent Senator Hazel Thompson Ahye asked about a situation where a male employer is being harassed by a female employee. Gomez said the employer has the right to discipline the employee. Gadsby-Dolly wondered whether the employer could be exposing himself to "a counter-claim from an employee" in such a situation. Gomez explained it was important for the employer to put his claim in writing. She said if the company has a human resources department, it should provide guidelines about how to deal with these matters.

Hugh Wooding Law School tutor Jason Nathu said many people do not know their rights in sexual harassment situations. Employers Consultative Association (ECA) interim CEO Stephanie Fingal suggested there be mandatory referral of victims and perpetrators to psychosocial counselling. Fingal said in some cases the harasser may not be fired because he or she could be deemed "a key contributor" to the organisation. Willis said the National Workplace Policy on Sexual Harassment, which was announced recently in Parliament, caters for this. She disclosed the ministry would soon undertake an enhanced public awareness campaign about the policy.