On-the-job sexual harassment

On-the-job sexual harassment is not a recent problem, yet the provisions in the law dealing with this type of discrimination have become quite topical.

The legislation dealing with sexual harassment is part of the Employment and Industrial Relations Act, 2002. This form of employment discrimination is also catered for in the law to promote equality for men and women that came into force on the December 9, 2003.

Therefore, it should be made clear that the articles on sexual harassment form part, and come together with, other forms of discrimination, such as discriminatory advertisement.

The legislation, incorporating measures aimed at ensuring that victims of sexual harassment, women or men, are given a remedy as victims of other types of discrimination, is a first step to deter harassment. It should also help to promote a working environment that is free of sexual harassment.

The legislation imposes a legal obligation on employers who will be required to prove, in response to an employee's complaint, that they had taken all possible preventive measures against sexual harassment. Employers may therefore protect themselves from liability by taking immediate and appropriate corrective action. They need to draw up comprehensive policies incorporating effective measures to prevent sexual harassment and to ensure quick intervention when it occurs.

Sexual harassment in the workplace presents an ongoing and growing risk to businesses. It is therefore time for businesses to begin to manage their risk in this area more wisely.

Preventing sexual harassment in the workplace requires a considerable investment of time and personnel.

In the end, however, these costs may be deemed to be offset by significant savings in legal fees and health-care costs.

Companies also stand to benefit from increased worker productivity. From a purely business perspective, a company only stands to gain if it takes a no-nonsense, hard-line position on sexual harassment. It is the right and smart thing to do.

Dr Borg is executive, EU and legal affairs, Malta Employers' Association.