Draft Policy on Sexual Harassment

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It is every employer’s obligation to prevent sexual harrassment in the work place. By adopting a strong visible policy on sexual harrassment the tree planting company demonstrates their concern and commitment to a no tolerance approach toward sexual harassment.

A general definition of sexual harrassment involves specific behavior that makes an individual woman or man uncomfortable and interferes with her or his ability to do their job. The Ministry of Labor and Consumer Services-Council of Human Rights states, “Any objectionable emphasis on the sex of an individual, sexually-oriented conduct verbal, physical or by innuendo”, as sexual harassment.

Sexual harassment exists when: -such conduct becomes a term or condition of employment.

-employment decisions are based on submission or rejection of sexual harrassment.

-sexual harrassment interferes with ones ability to do their job.

-sexual harrassment causes a work environment to become intimidating, hostile and offensive.

There are four steps involved in the process of handling a situation of sexual harrassment that can be followed.

1.) Confronting the harasser. By clearly communicating that his or her actions have caused offense and the individual experiencing the harrassment wants it to stop. If there is little to no response a letter can be written to the person responsible for the continuing in which case another copy of this letter is kept for lodging a complaint. The ombudsperson may be used at this point in emphasizing the seriousness of the situation and acting as an intermediary between the two individuals. The employee should have the choice of talking with a male or female company representative. The ombudsperson is unable to promise confidentiality with as employee when information relates to sexual harassment.

2.) Receiving support in the occurrence of sexual harassment is important and can involve talking in confidence with friend or going directly to the ombudsperson.

3.) Getting advice on how to proceed with a complaint.

4.) Filing a letter of complaint to the employer.

Zanzibar Ltd. has provided an ombudsperson to act as a non-biased intermediary between planters and between planters and management. It is essential that the company make it as easy as possible for an individual to come forward with a complaint.

Retaliation against an employee filing a sexual harassment complaint is illegal and will not be tolerated. A follow up of the incident will be done to ensure no one has suffered retaliation.

An attorney must review the policy and all employees are to sign the policy acknowledging that they have received and read it.

It is the obligation of all employees to report sexual harassment that they either experience or witness.

Sexual harassment is prohibited by the Human Rights code and the Labour Relations code and can cost an employer penalties including compensation for lost wages, expenses incurred by person harassed and in addition a payment not exceeding 2,000.$.

Most common situations where sexual harassment occurs:

Verbal harassment- Creating an intimidating atmosphere for the employee either by those people in managerial positions or other employed tree planters. Asking personal questions. Discussing the individuals sexual behavior. Calling another employee derogatory sexual names.

Physical harassment- Inappropriate touching, grabbing, demands for sexual favors, sexual assault.

Gender harassment- Comments by either employee or employer about the ability of either gender to do their job. Displaying violent or degrading images of either women or men. Using language that assumes that certain occupations are always held by one gender. Talking about women or men as sexual objects.