How Do You Know When It Is Sexual Harassment In The Workplace?
Phoebe received a call from the Director of her unit late one night. He was out of the country and at the end of an oddly lighthearted conversation he said ‘ I got you some gifts, I will let you know the place you can come pick them up and tell me more about your goals’.
The next time the Director called, she left the call unanswered.
She has heard stories of how insulated, powerful people can escape accountability after sexually assaulting young employees in Lagos and didn’t want any of it.
He called two other times and didn’t bother her again.
She expected him to address the unanswered calls when he returned to the office, but that never happens. There was no decipherable change in his attitude towards her at first and she began to think she probably imagined it; the lengthy conversation and calls.
What did change was the scrutiny her work received, subtle changes in the department which meant she now reported directly to the director, then the queries and memos for the slightest slip-ups?
Her friends say she is lucky to still have a job after giving an ‘Oga’ the cold shoulder. But she still wonders; did the director even make a pass at her? Phoebe is not quite sure.
Many women, like Phoebe, have had subtle passes made at them by superiors, sometimes turning it down doesn’t come with any consequences, the boss moves on like it never happened, the subordinate wonders if their mind is playing tricks on them. Other times they wound the ego of the predator.
According to a 2016 study, around 75% of people who experience workplace harassment cannot bring it up with a manager, supervisor, or union representative. One major reason is that employees fear that they will face a backlash at work. However, another reason for under-reporting is that employees who are subjected to inappropriate behaviour aren’t clear on when it crosses the line into illegal harassment.
What is Sexual Harassment?
Today’s workplaces have become more laid back, everyone connects on social media, TGIF and movie nights characterize the modern workplace. Personal boundaries can be crossed easily and the assaulter may get away with it.
Sexual Harassment is unwelcome sexual advances, requests for sexual favours, other verbal or physical sexual harassment” and “offensive remarks about a person’s sex.”
The Criminal Law of Lagos State prohibits harassment and prescribes that any person who sexually harasses another is guilty of a felony and is liable to imprisonment for three years. However, no provision in the Labour Act prohibits sexual harassment or any other harassment during employment. However, the Constitution of the Federal Republic of Nigeria 1999 (as amended) confers on the NIC jurisdiction on matters connected with or pertaining to the application of any international convention, treaty or protocol of which Nigeria has ratified relating to labour, employment, workplace and industrial relations matters.
While overt forms of sexual harassment still happen in the workplace, more subtle forms of harassment are on the rise. For example, any of the following actions can be sexual harassment if they happen often enough or are severe enough to make an employee uncomfortable, intimidated, or distracted enough to interfere with their work.
Inappropriate Behavior in the workplace
· Repeated hugs and unwanted touching, such as a hand on the knee, or an employee’s shoulder
· repeated compliments of an employee’s looks
· discussing one’s sex life in front of an employee
· asking an employee about his or her sex life
· making sexual jokes and encourage others to share jokes that are sexual
· sending sexually suggestive text messages or emails
· giving unwanted gifts of a sexual or romantic nature
· sexually offensive remarks, gestures or facial expressions, including staring at the person’s body up and down
Mandy works as a receptionist in Lagos. One day her boss asked her to pull up her blouse as he wanted to see her bra size, he claimed he wanted to gift his friend a bra and didn’t want to make mistakes. Mandy wonders if it is sexual harassment. He now compliments her figure from time to time.
What to do
· Check your organization's policy, you will be shocked how easy it is to bring the situation under control when you know exactly what the policy says about sexual harassment.
· Talk to the person;. While this may upset the assaulter, it helps that you talk about how their behaviour affects you.
· Document your interactions with this person, and if talking doesn’t help speak to your organization's HR.
· Some organizations lack the structure of an effective HR department, you can make a sexual harassment claim under discrimination legislation to an external organization
Like Mandy and Phoebe, many people face hostile work conditions but are unsure of their rights.
