Sexual harassment in the workplace can leave workers facing an uncomfortable choice between protecting their livelihood and speaking out against unwanted conduct. But in Guyana, the law provides protections for employees who experience sexual harassment, and workers have avenues through which complaints can be made.
The Prevention of Discrimination Act, Cap. 99:08 specifically defines sexual harassment and applies to employers and employees in both the public and private sectors. The Act defines sexual harassment as unwanted conduct of a sexual nature in the workplace or in connection with work that is threatened or imposed as a condition of employment, or that creates a hostile working environment for an employee.
That means sexual harassment is not limited to physical touching or sexual assault. Depending on the circumstances, unwanted sexual conduct connected to employment can fall within the law when it is used as a condition of employment or creates a hostile workplace.
The Act also prohibits discrimination in employment on several grounds, including sex, pregnancy and marital status, among others.
When the alleged harasser is a superior
The problem can become particularly difficult when the person accused of harassment is a supervisor, manager, senior executive or someone with influence over hiring, promotion, assignments or continued employment.
Workers may fear losing their jobs, being transferred, being denied opportunities or being labelled as troublesome if they make a complaint. Those concerns can discourage employees from reporting misconduct and allow inappropriate behaviour to continue.
A worker experiencing harassment should therefore avoid relying solely on verbal complaints where a written process is available.
Document what happens
One of the most important steps is to create a contemporaneous record of incidents.
Workers should record the date, time, location and nature of each incident, identify anyone who may have witnessed it and preserve relevant emails, text messages, social-media communications and other records.
Where a complaint is made, the employee should retain a copy and record when it was submitted, to whom it was submitted and what response was received.
Workers should also avoid deleting potentially relevant communications, even when the messages are embarrassing or distressing.
Use workplace procedures
Where an employer has a human-resources department, harassment policy, designated complaints officer or other established procedure, an employee can use that mechanism.
However, workers should recognise that an internal complaint is not necessarily the only avenue available.
The Ministry of Labour and Manpower Planning provides assistance to employees and employers and has responsibility for labour administration, dispute resolution, conciliation and mediation. The Ministry also conducts labour and occupational safety and health inspections and enforcement.
The Ministry provides an online complaint mechanism and lists its head office at 82 Brickdam Street, Georgetown, with 226-6115 available for assistance.
When harassment becomes a criminal matter
Not every act of workplace harassment is necessarily a criminal offence. However, conduct involving sexual assault, rape, threats of violence or other criminal behaviour should not be treated solely as an employment dispute.
In such circumstances, the worker should consider reporting the matter to the Guyana Police Force and seeking appropriate legal advice.
Workers should also consider obtaining independent legal advice where the alleged harasser is a senior official, where there is a conflict of interest within the organisation or where the employee believes the internal process is compromised.
Employers also have responsibilities
The issue is not solely about what an individual worker should do. Employers have a responsibility to maintain a workplace in which employees can work without unlawful discrimination and harassment.
The Ministry of Labour says its mandate includes promoting sound industrial relations and providing advisory support to unions, employers and state agencies.
The Equal Rights Act also provides that women and men have equal rights and legal status in political, economic and social life and prohibits discrimination on the basis of sex in employment, appointment and promotion.
Ultimately, workers should not have to choose between enduring sexual harassment and protecting their employment. Knowing the law, documenting incidents, reporting through appropriate channels and seeking outside assistance when necessary can help create a record, protect the employee and ensure that allegations are properly addressed.
