Sexual Harassment in the Workplace

Sexual harassment is defined as unwelcome and inappropriate behaviour of a sexual nature that creates a hostile or intimidating work environment. It is a conduct which has been prohibited by the labour laws of many countries, however, it still persists. The Constitutional Court in South Africa in McGregor v Public Health and Social Development Sectoral Bargaining Council & Others stated that sexual harassment can be seen as the “most heinous misconduct that plagues a workplace.” The primary piece of legislation in Zimbabwe regulating employment and labour issues is the Labour Act [Chapter 28:01]. Although the Act does not explicitly define 'sexual harassment,' Section 8(h) of the Labour Act [Chapter 28:01] stipulates that it can be deemed an unfair labour practice act by an employer if he or she, “engages in unwelcome sexually-determined behaviour towards any employee, whether verbal or otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying pornographic materials in the workplace.”. There are two primary types of sexual harassment namely:

·     Quid Pro Quo Harassment: This occurs when employment decisions are influenced by the acceptance or rejection of sexual advances.

Hostile Work Environment Harassment: This involves behaviour that creates an intimidating or offensive work atmosphere. This might include unwanted advances, derogatory comments, or other inappropriate behaviour that undermines the dignity of employees.

The Impact of Sexual Harassment

The effects of sexual harassment can be profound, impacting both individuals and organizations. Victims may experience significant emotional distress, including anxiety, depression, and decreased self-esteem, which can affect their job performance and career advancement. The psychological impact of harassment can be long-lasting, influencing individuals' overall well-being and professional trajectory.

The repercussions of sexual harassment include decreased employee morale, higher absenteeism, and increased turnover. These issues can undermine productivity and lead to legal and reputational damage. Addressing sexual harassment is therefore not just a legal requirement but a critical aspect of maintaining a healthy and effective workplace.

Ethical Responsibilities in Zimbabwe

Employers are required to create and enforce policies that prevent and address sexual harassment, ensuring that they are in line with both national laws and international standards.

Ethically, organizations in Zimbabwe must promote a culture of respect and equality. This involves developing comprehensive policies, providing regular training, and ensuring that employees can report harassment safely.

Strategies for Prevention and Intervention

1. Developing Clear Policies: Organizations should create and communicate clear anti-harassment policies that define unacceptable behaviour, outline reporting procedures, and specify consequences for violations.

2. Providing Training and Education: Regular training is essential to educate employees about sexual harassment, its impact, and reporting mechanisms.

3. Implementing Effective Reporting Mechanisms: Organizations must establish accessible and confidential reporting channels. Employees should be assured that their reports will be taken seriously and handled without retaliation, creating a safe environment for raising concerns.

4. Conducting Thorough Investigations: Organizations need to conduct impartial and thorough investigations. It is crucial to ensure that all parties are treated fairly and that appropriate actions are taken based on the investigation’s findings.

5. Supporting Affected Employees: Providing support services, such as counselling and legal assistance, can help mitigate the effects of harassment and support affected employees in their recovery and continued professional development.

Conclusion

Addressing sexual harassment in the workplace is a significant challenge in Zimbabwe, requiring a committed and proactive approach from all levels of organizations. By understanding the nature and impact of harassment, fulfilling legal and ethical responsibilities, and implementing effective strategies for prevention and intervention, organizations can create a safer and more respectful work environment.

Precise Management and Research Consultancy is conducting a survey on Sexual Harassment. Kindly click the link below to participate.

https://forms.gle/rZXfoFnBxV1E25gm8.