SEXUAL harassment is the reason several Jamaican workers, and females in particular, have had to leave their jobs. Still, there are others who hang on to their positions despite the harassment, given a lack of alternatives.

However, the precise number of cases are unknown because they are usually hushed up.

“It (sexual harassment) is similar to domestic violence and incest; it is extremely prevalent,” said Joyce Hewett, past president and co-ordinator for public education and legal reform at Woman Inc. “But people hush it up. I call it the ‘ostrich syndrome’. When ostriches want to avoid certain situations, they bury their heads in the sand.”

Hewett added that workers are oftentimes denied promotions for which they have worked for years because they refused to give in to their boss’s sexual demands.

“I know of many, many cases where women just leave their jobs. The aggressor is usually someone of a higher level and because we don’t address the situation, it just continues and the man usually gets away,” she said. “Normally numerous persons have been harassed by this person. It’s like a serial killer, he has a number of victims.”

Following a sexual harassment survey carried out by the Bureau of Women’s Affairs in 2005, a draft policy on sexual harassment was submitted to the Office of the Prime Minister in 2006 for Human Resource Council consideration. In 2008, a draft policy was re-submitted to Minister Olivia Grange, who has responsibility for gender affairs.

Last year, Grange indicated that Jamaica’s draft National Sexual Harassment Policy should be passed in the 2009/10 financial year, while noting that people did not know how to report sexual harassment or where to seek redress. The policy should serve as a guide to other organisations in creating their own sexual harassment policies, she said at the time.

Senator Dwight Nelson, the Minister of National Security, supported the speedy enactment of sexual harassment legislation in Jamaica, pointing out that sexual harassment is a public health issue.

“Jamaica’s health services are unduly burdened because of violence against women,” he said at a forum. “Many big men in Jamaica were brought up to believe that they should not sow their wild oats outside, but they were encouraged to use their domestic helpers.”

To date the policy has still not been approved and neither is there legislation against sexual harassment.

“If the harassment is of such a degree that it is a crime — sexual abuse or rape — then the criminal law comes into play. But if it is not of a criminal nature you have no remedy in the law. Only if organisations have a policy can it be dealt with,” Margarette Macaulay, an attorney and women’s and children’s rights advocate.

She was quick to add that while organisations may put in place policies to address the issue, they are not binding.

“Policies do not bind people; it is the law that binds people. We have been promised it for a long time and it is long overdue. We are way behind other Commonwealth countries,” she said.

She said that because there is no law that victims can use, they can twist the arms of the organisation and say ‘if you don’t do something, I will go public’, and so the matter is sometimes settled quietly.”

But the attorney said this is not enough. Hewett agreed with her.

“We want a sexual harassment law,” she said. “A policy has no teeth. You cannot hold a corporation or employer liable without a law.”

Without legislation, sexual harassment is not considered illegal. However, those who sexually harass others can be charged under the Employment Liability Act. Under the act, organisations can be held liable if they do not provide a safe environment for their employees.

“It cannot be considered a safe environment if employees are being harassed. It is up to the organisation to draft a policy for their employees but up to us to draft the legislation,” explained Hewett.

Sexual harassment

* Sexual harassment can affect any worker (usually females) of any socio-economic status.

* Sexual harassment is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favours.

* If the worker is approached once and says ‘no’ and the aggressor leaves him/her alone, it is not considered harassment. However, if despite the worker’s refusal, the aggressor persists, then it becomes harassment.

* Acts of sexual harassment include patting employees on the bottom or other private areas, making sexual comments to the employee and/or threatening to fire the individual if he/she refuses to grant sexual favours.