Employment Sexual Harassment (Prevention) Act 2017

Brief Description

The Employment Sexual Harassment (Prevention) Act 2017 came into force in December 2017. The Act aims to: 
- Make provision for the protection of employees in both the public sector and private sector from sexual harassment at their workplace. 
- Provide a framework for the reporting of sexual harassment cases by employees and a method of resolving such cases.
- Establish a procedure for the hearing and determination of matters related to sexual harassment; and provide for related matters. 

Sexual harassment, under the legislation, includes the use of sexually suggestive words, comments, jokes, gestures or actions that annoy, alarm or abuse a person. It also includes the initiation of unwanted physical contact, unwelcome sexual advances or requests. The main features of the Act are: 
- The requirement that all employers must establish and communicate a policy on sexual harassment to employees .
- Empowerment of the Chief Labour Officer and Labour Officers to go into workplaces and inspect to find out if the policy is in place.
- The provision of a framework for the reporting and lodging of complaints and for the investigation, hearing and determination of sexual harassment complaints. 
- Strict confidentiality, except to the extent necessary for the purposes of the Act.
- A procedure for the hearing and determination of matters related to sexual harassment.