Follow the policy on sexual harassment

THE EDITOR: On International Women’s Day, March 8, the Government presented in Parliament the National Workplace Policy on Sexual Harassment in TT. This policy outlined an ethical framework to prevent, prohibit and address sexual harassment at all levels in the workplace. It recognised that despite the prevalence of sexual harassment, very few people who experienced this were able to report and therefore get a remedy.

One of the things well known about the under-reporting of sexual harassment, like all forms of sexual violence, is that victims are reluctant to come forward because their complaints will be trivialised, ridiculed, ignored and/or disbelieved.

The policy therefore calls on employers to respond to complaints, reports, allegations and information about sexual misconduct “in order to stop prohibited conduct, prevent its recurrence and address any lingering effects in the workplace.”

Over and over the national policy reiterates the obligation and responsibility of each employer to address sexual harassment in a transparent and accountable manner.

In the wake of this policy clarity, the Express of April 21 has reported that someone recently appointed to be an Industrial Court judge has had allegations of sexual harassment made against him. He has denied these allegations. The report also quoted the Attorney General to the effect that he had not heard of the allegations.

But now that it has come to the Government’s attention, the appropriate response required by the national policy is that the information should be investigated without bias and with due diligence. The State must lead by example. It must be seen to be treating all information and allegations in relation to its employees with seriousness and in a timely manner.

The national policy also gives specific guidance on the procedure to be followed. Employers should interview the complainant and the alleged harasser separately; ensure equal and relevant access to information; interview other relevant third parties separately; determine whether or not the incident(s) of sexual harassment took place; produce a report detailing the investigations, findings and any other recommendations.

This case is particularly important given that the Industrial Court itself is an arbiter of good industrial relations practice and is a venue where sexual harassment cases are heard. Regardless of whether or not a formal complaint has been made, by virtue of the newspaper report, we have all now been given notice of “information.” The State’s duty to investigate has been triggered. This has to be done in accordance with due process and respecting privacy and confidentiality.

If there are in fact no such allegations or the allegations have no merit, then it is in the interest of the Industrial Court that an investigation confirms that. Likewise, if these allegations have merit, it is in the interest of the country and of those people affected that accountability is established.

The national policy says it best. Its aim is to “create a work place where issues of sexual harassment are prohibited, prevented, addressed and remedied expeditiously and with equity, accountability and integrity.”

Let’s start by applying the policy to this case.

ROBERTA CLARKE

president

Coalition against Domestic Violence