The document provides an outline for a workshop on preventing sexual harassment and assault in the workplace. It includes definitions of sexual harassment and assault under Guyanese law. It discusses behaviors that constitute harassment, how harassment can occur, and the impact on victims. It emphasizes the importance of having policies against harassment, reporting mechanisms, and fair investigations. The goal is to raise awareness and prevent harassment through education.
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Prevention of Sexual Harassment and Assault in the Workplace
1. Prevention of Sexual Harassment and Sexual
Assault in the Workplace
Prepared by : Vidyaratha Kissoon (July 2021)
Email : Vidyak1@gmail.com
(Creative Commons : Share with attribution)
2. About these slides
●
These slides provide content which could
support awareness and training about sexual
harassment prevention in the workplace in
Guyana. They have been used in workshop
settings. Please feel free to use
●
Thanks to Carlotta Boodie-Walcott and Sherlina
Nageer for some of the content
3. Outline
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Understanding what is sexual harassment
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Legal Definitions – sexual harassment, sexual assault
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Behaviours which constitute sexual harassment
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How it happens
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Impact on the persons experiencing sexual harassment
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How do we prevent?
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Reporting and investigation
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Quick knowledge check
4. Understanding what is sexual
harassment
Invite participants to brainstorm what they think is
sexual harassment
5. Legal definitions
The Prevention of Discrimination Act (Guyana)
(PDA) defines sexual harassment as “unwanted
conduct of a sexual nature in the workplace or
in connection with the performance of work which
is threatened or imposed as a condition of
employment on an employee or which creates a
hostile working environment for the employee.”
7. Legal Definitions
PDA Section 8
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“Any Act of sexual harassment against an employee
committed by an employer, managerial employee or
co-workers shall constitute unlawful discrimination
based on sex with the meaning of section 4 of this
Act”
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Fine not exceeding 20,000 GYD
9. Legal definition -Sexual Assault
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Sexual Offences Act (2010) Section 4(1)
1) A person (',the accused") commits the offence of sexual assault if-
(a) the accused -
(i) touches another person ("the complainant' ) in a sexual way;
(ii) causes the complainant to touch the accused in a sexual way;
(iii) causes the complainant to touch a third party in a sexual way; or
(iv) otherwise indecently assaults the complainant within the meaning of any other law;
(b) the complainant does not consent to the touching or the act which would constitute
sexual assault; and
(c) the accused does not reasonably believe that the complainant consents.
– Penalty is imprisonment
10. Behaviours
●
Examples of conduct or behaviour which constitute sexual harassment and are
deemed prohibited include, but are not limited to:
Physical Conduct
– Unwelcome physical contact including massaging, pinching, stroking, kissing, hugging,
fondling, or inappropriate touching.
– Physical violence, including sexual assault.
– Physical contact, e.g. touching, massaging neck or shoulders.
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The use of job-related threats or rewards to solicit sexual favours.
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Stalking or unwanted pursuit including following, monitoring, surveillance via
various media.
These behaviours have been written into a policy document in at least one local company
11. Behaviours
Verbal Conduct
– Comments on a colleague’s appearance, sexuality or gender in a
derogatory or objectifying manner or a manner that makes them
uncomfortable.
– Sexual comments, stories and jokes
– Sending unwanted sexually explicit photos, emails, or text messages .
– Sexual advances.
– Repeated and unwanted social invitations for dates or physical intimacy.
– Whistling or catcalling.
12. Behaviours
●
Non-Verbal Conduct
– Displaying sexually explicit objects, posters, calendars,
reading materials or messages that are sexually demeaning
or pornographic.
– Sexually suggestive gestures, noises, remarks, jokes or
comments about a person’s sexuality or sexual experience.
– Staring in an intimidating or obviously suggestive manner or
in a way that makes a Team Member uncomfortable.
13. How can it happen?
The film ‘The Boss’ shows a scenario. The film is
on YouTube at https://youtu.be/H5owCNvik0E
The film depicts sexual harassment and might be
disturbing for some viewers .
(Training activity : Show the film and discuss the
points )
14. Some points from The Boss
The power difference between the boss and the employee
The reference to the hiring to show the vulnerability
Recognising the vulnerability of the worker
The body language to prevent the employee from leaving – false
imprisonment
The sexual assault behaviours – touching the ears, the kiss, the hug
The gaslighting afterwards – “this did not happen”
15. Why does it happen?
Sexual harassment as a form of gender based
violence
Different from harassment based on race, age,
ability, or any other status
Does not always mean/involve sexual attraction
16. Gender
A set of social, psychological and emotional traits,
often influenced by societal expectations that
classify an individual as feminine, masculine,
androgynous or other.
Gender can change over time, is influenced by
culture and other factors
17. Gender
Gender is associated with concepts of sex,
gender identity, gender expression and sexual
orientation
Check the Genderbread Person video at
https://youtu.be/-cdsGFnNp6Q
18. Gender based violence
Sexual and gender-based violence (SGBV) refers
to any act that is perpetrated against a person’s
will and is based on gender norms and unequal
power relationships.
19. Forms of Gender based violence
Sexual harassment – work place, home, street
Domestic violence/Intimate partner violence
Rape, Sexual Assault, other offences
Female Genital mutilation
Denial of access to Sexual and reproductive health services
Not all forms are illegal
20. Summary
Video made for prevention of sexual harassment
in schools
Video : What Is Sexual Harassment? - YouTube
21. Impact of sexual harassment on the
individual
Emotional : debilitating stress reduction
Reduced productivity in hostile environment
Damaged employee relations
Reinforcement of stereotype of women as sex
object (dominance and objectification )
Risk of losing job
22. Impact of sexual harassment on the
individual
Emotional : debilitating stress reduction
Reduced productivity in hostile environment
Damaged employee relations
Reinforcement of stereotype of women as sex
object (dominance and objectification )
Risk of losing job
23. Impact of sexual harassment on
organisation
Bad relations among employees
Lower productivity
Potential financial loss and negative public image
24. How do we prevent?
STOP
Source must be confronted
Target should speak up/out
Observers have a role to play.. no innocent bystanders
Persons in authority have to condemn sexual harassment
The importance of awareness for prevention, and a
policy in the company or organisation
25. Case studies
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Cheddi Jagan International Airport (Click links for news reports – there may be updates )
– June 2018 – Woman reports to manager about sexual assault, one year later
– June 2019 –
Woman reports matter to police, CJIA locks woman out , claims that the management investigated and found nothi
ng wrong.Media reports that ‘nothing new’
– July 2019 – CJIA says they contracted consultants to review policies and procedures
– August 2019 – Charges filed
– Jan 2020 – Case (sexual assault) dismissed in court - No further reports of a policy in the workplace
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Guyana Football Federation
– March 2018 – allegations reported GFF responds, Board of Inquiry (BOI) convened (external), media reports that
the reports are nothing new
– November 2018 – BOI submits report
– December 2018 – One Referee fired, the other suspended – no police matter reported
– July 2019 – GFF sexual harassment policy in public domain
26. Reporting and investigation
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Management must recognise that there are many factors which
prevent reporting and ensure these factors are addressed in a
policy
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All reports should be treated in confidence.
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The complainant might decide not to go to the police, but the
company can still investigate and take action as per its own policies
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All investigations should be done fairly and completed in a timely
manner.
27. Checking our knowledge..
Decide if you think each statement is Truth, Lie or
‘It Depends’
7 Statements – answer after each statement
28. Truth, lie, it depends?
1. If nobody complains, it’s not
sexual harassment.
29. 1. Lie. People can feel sexually harassed but not
say anything. It’s up to each person to police
their behaviour to ensure that it’s not offensive
to others
30. Truth, lie, it depends?
2. Only a man who is gay would
sexually harass another man;
or a woman who is lesbian
would sexually harasses
another woman.
31. 2. Sexual harassment doesn’t have to do with
sexual attraction necessarily. Sexual
harassment is often about power.
32. Truth, lie, it depends?
3. Most people are ok with the
sexual joking around. It’s not a
problem if only one or two
people are uncomfortable.
33. 3. No, it’s still a problem, maybe even more so, if
management engages in this kind of behaviour
as well.
34. Truth, lie, it depends
4. They’re just flirting with each
other; that’s not sexual
harassment.
35. 4. If all parties involved welcome the
attention/contact, it is not sexual harassment.
Remember though that people’s feelings can
change over time and what is ok one time might
not be ok another time.
36. Truth, lie, it depends?
5. Complimenting member of the
opposite sex on their
looks/body is just a normal part
of our culture. It’s not sexual
harassment.
37. 5. It can be, if anybody feels uncomfortable or
expresses discomfort with the attention. It is
important to remember that not everybody has
the same attitudes/beliefs or looks at things the
same way. Respecting each other’s differences
is important to maintaining a safe and friendly
work environment.
38. Truth, lie, it depends?
6. The space is small so we
cannot help brushing against
our colleagues. As long as I
apologize, it’s ok, right?
39. 6. No, apologizing is not enough. Preventing
unwanted contact in the first place is best. Can
warn co-workers to move out the way, give them
enough time, etc, if you really care about not
offending them.
40. Truth, lie, it depends
7. Sexual harassment is a
women’s issue only. Men can’t
get sexually harassed.