Sexual harassment in the workplace is a pervasive issue that affects employees across various industries and sectors. Unfortunately, it is not talked about enough. It not only violates an individual’s rights but also creates a hostile environment that hinders professional growth and well-being.
In recent years, there has been a growing awareness of the importance of addressing this problem. This article explores the various aspects of tackling sexual harassment in the workplace and outlines a comprehensive approach to combat it.
Sexual harassment is a form of discrimination based on sex or gender. It can take various forms, including unwelcome advances, comments, or requests for sexual favours, as well as creating a hostile work environment through offensive jokes, comments, or imagery.
Even as this is something that largely affects women most of the time, it is essential to understand that both men and women can be victims of sexual harassment, and both can be perpetrators.
A survey by Stop Street Harassment in 2018 showed that an alarming 81 percent of women and 43 percent of men have been harassed in their lifetime. Of the 996 women surveyed, 38% were harassed in the workplace.
Whether it’s assault or an offhand comment that makes somebody uncomfortable, sexual harassment in the workplace should not be tolerated.
Key Facts on the Impact of Sexual Harassment
- 38% were harassed in the workplace
- 25% of women have experienced sexual harassment at work
- 65% had trouble being enthusiastic about their jobs
- 62% had trouble getting along with co-workers
- 49% had trouble performing tasks at work
- 69% experienced symptoms of anxiety
- 60% experienced symptoms of depression
- 34% experienced symptoms of PTSD
- 75% of workers are not aware of sexual harassment Laws in Nigeria
In Nigeria, it is as prevalent as in other countries. What most people don’t understand is, that it is not always until physical touch happens before one can say they have been sexually harassed. Circumstances, situations, and, the body language of the individual play a predominant role in the interpretation of sexual harassment.
Someone once asked me if body language like a wink can be an issue. I will say it depends on the parties or stakeholders involved. A wink from a roadside hawker at Ojuelegba in Lagos is different from a wink from somebody who could fire you or has any other mutually understood circumstantial dominance over you.
Apart from this terrible act, the consequences of sexual harassment generally are profound. Victims often experience physical and emotional distress, a decrease in job satisfaction, and compromised mental health.
For organizations, the repercussions include reduced productivity, higher employee turnover, and potential legal consequences. Tackling this issue is not just a matter of ethics; it is a crucial aspect of maintaining a healthy and productive work environment.
A report by Stand to End Rape Initiative (STER) titled examining the prevalence, context, and impact of workplace sexual harassment in Nigeria, was based on the responses of 493 participants who had maintained some form of employment within the last 12 months.
According to the report, most participants in this study were between 18 and 30 years old. The findings showed that of the 493 participants, 259 participants (64%) have experienced one or more instances of sexual harassment.
How then do we tackle sexual harassment at the workplace?
1. Strong Policies and Training: Organizations should have clear and comprehensive anti-sexual harassment policies in place. These policies should define what constitutes sexual harassment, establish reporting mechanisms, and outline the consequences for perpetrators. The penalty must be strict and severe enough for every employee to know how forbidden such an act is.
2. Encourage Reporting: Victims are often victimized and stigmatized and this is why they often speak out. In 2017, BBC surveyed 2,000 respondents and showed that most victims of sexual harassment didn’t report the violation. Either in fear of retaliation or if the harassment was played off as a joke, more than half of all victims stayed silent.
Reporting means they are ready to face the possible public humiliation of everyone in the office knowing they “snitched”. It is vital to create an environment where victims feel safe reporting incidents of sexual harassment. This means providing multiple channels for reporting, ensuring confidentiality, and protecting whistleblowers from retaliation. They are victims and not prey.
3. Swift and Fair Investigations: When an incident is reported, organizations must promptly and fairly investigate the matter. A well-defined investigation process should be in place to ensure that both the accuser and the accused are treated impartially. It is sadly not uncommon to see cases where people are falsely accused.
4. Support for Victims: The side effects of harassment aren’t palatable. Victims of sexual harassment should receive emotional and psychological support. Employee assistance programs and counseling services can help them cope with the trauma and stress associated with the experience.
A report released by the U.S. Equal Employment Opportunity Commission (EEOC) in 2020 showed that 55.8% of the complaints received during 2020 were related to retaliation after reporting a sexual harassment incident. Retaliation discourages victims from reporting and fosters a toxic work culture.
It comes in many forms, including a demotion, exclusion from staff activities, or unfavorable reassignment. So instead of putting victims through retaliation, offer support. According to an article in Business Day newspaper on a survey carried out by Stand To End Rape initiative with 493 participants, 75% of participants who were sexually harassed reported experiencing mental health problems.
Specifically, 69% experienced symptoms of anxiety, 60% experienced symptoms of depression, and 34% experienced symptoms of PTSD. Also, there are organizations like The Mirabel Centre, the Hands Off initiative, and the Women at Risk International Foundation that offer help and support to victims of sexual harassment and abuse.
5. Accountability: Holding perpetrators accountable for their actions is crucial. This should include disciplinary actions, counseling, or even termination, depending on the severity of the offense.
Tackling sexual harassment in the workplace is not a single-faceted endeavor but a multifaceted approach that involves policies, culture, and community engagement. By taking proactive measures and fostering an inclusive and respectful environment, organizations can contribute to eradicating sexual harassment and creating workplaces where every employee feels safe and empowered.
Ultimately, this comprehensive approach will not only benefit individuals but also the organizations themselves by promoting a healthy and productive work atmosphere. Unfortunately, there is no legislation present in Nigeria that specifically covers workplace sexual harassment.
However, the Constitution of the Federal Republic of Nigeria contains the fundamental human rights of all persons in Nigeria. The fundamental human rights are sacred and must be respected by all persons. In most cases of sexual harassment, the fundamental human rights of victims are threatened and violated. Specifically, the right to dignity of the human person and the right to freedom from discrimination.
Workplace sexual harassment often infringes on the fundamental human rights of victims. This means that in matters of sexual harassment, there is a violation of fundamental human rights and as such victims can approach a Court, or the National Industrial Court to enforce their fundamental human rights.
There is no provision in the Labour Act that prohibits sexual harassment or any other kind of harassment during employment.
The Penal Code and the Criminal Code criminalize sexual harassment with serious punishments. Also, the Criminal Law of Lagos State has provisions criminalizing sexual harassment and punishes offenders with 3 years imprisonment.
The criminal code also contains provisions on sexual harassment that can be found in sections 351 to 361 of the Act. It has varying punishments for sexual harassment. The penal code is applicable in the northern part of Nigeria. The penal code refers to sexual harassment as indecent assault and has provisions for the offense in sections 281, 282, and 285 of the Penal Code.
The sexual and gender-based violence laws specially criminalize sexual harassment. The Violence Against Persons Prohibition Act is sexual and gender-based (operational in Federal Capital Territory, Abuja) and is now effective in most states in Nigeria.
In summary, while there is a lot to be done, employers have the responsibility to protect employees from workplace sexual harassment and the government should create laws specific to workplace harassment.
The government can also mandate that any organization registering with the Corporate Affairs Commission (CAC) must have a sexual harassment policy as one of the requirements.
This is a fight for all and together, we shall overcome.
