Workshop: Focus on Sexual Harassment

1. EMPLOYEE WELLNESS DAY PASSPORT INVITATION “FOCUS ON SEXUAL HARASSMENT”05 December 2008

2. Defining Sexual Harassment • Conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats of a sexual nature, unwelcome sexual invitations or requests, demands for sexual favours, or unwelcome and repeated innuendoes or taunting about a person's body, appearance or sexual orientation, constitutes sexual harassment when:a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status or academic accreditation, orb) submission to or rejection of such conduct by an individual is used as a basis foremployment, or for academic performance, status or accreditation decisions affecting the individual, orc) such conduct interferes with an individual's work or academic performance, ord) such conduct creates an intimidating, hostile or offensive working environment.  

3. Understanding Sexual Harassment • Appreciate that you and your company can be held liable if your employees engage in sexual harassment • Know that any unwelcome sexual activity tied to employment decisions or benefits is sexual harassment • Recognize that sexual harassment may include jokes, vulgar language, sexual innuendoes, pornographic pictures, sexual gestures, physical grabbing or pinching, and other unwelcome or offensive physical touching or contact • Remember that every sexual harassment charge is extremely serious • Comprehend that employees who comply with unwelcome sexual advances can still be victims of sexual harassment • Realize that men as well as women may be sexually harassed • Understand that employees may wait a while before lodging sexual harassment charges

5. Addressing Sexual Harassment • Formulation of a Company Policy • A strong policy from the CEO against sexual harassment has been issued • A clear definition of sexual harassment using examples of inappropriate behaviour • Review of the policy with employees to take place on a regular basis • All new employees to be informed of the policy • Third-party suppliers and members shall be made aware of the company’s sexual harassment policy

6. Company Policy – Sexual Harassment Company Policy Includes: • An express commitment to eradicate and prevent sexual harassment; • A definition of sexual harassment including both quid pro quo and hostile work environment; • An explanation of penalties (including termination) the employer will impose for substantiated sexual harassment conduct; • A detailed outline of the grievance procedure employees should use; • Additional resource or contact persons available for consultation; • An express commitment to keep all sexual harassment complaints and personnel actions confidential • The above policy has been approved by the CEO and Board Members

8. Procedures of Sexual Harassment • There will always face the possibility, if not the probability, that sexual harassment will occur – need measures inplace • The HR Manager has been appoint the senior official to oversee the implementation of the policy • Supervisors and managers shall be undergoing training to recognize and prevent sexual harassment • A sexual harassment victim must shall not be required to address complaints to his/her supervisor who is involved in, condones, or ignores the harassment • Provide alternative routes for filing complaints – anonymous tip via the “ HR Notices” Box • All sexual harassment charges shall be kept confidential • By having procedures in place, the company greatly improves its position by having grievance procedures that encourage employees to come forward with sexual harassment complaints • Outlined procedures to use when reporting sexual harassment makes the process easier for employees to know how to act

9. There are 2 types of Procedures – Formal & Informal Procedures 1. Informal Procedures • All proceedings taking place under informal procedures shall be treated as confidential.If a complainant wishes to proceed to use the informal procedures, the following must occur:a) The complainant must provide the Advisor with a written complaint giving details of the alleged sexual harassment, as defined on page 1, including dates, times, places, names of individuals involved in the incident(s), names of any witnesses and any other relevant information.b) The complaint must be filed within six months of the incident(s).c) Within five working days from the receipt of the written complaint, the Advisor shall inform the respondent of the allegation(s) and shall provide the respondent with a copy of the written complaint.d) Within thirty working days of the action described in (c), the Advisor shall investigate the complaint and interview the complainant and the respondent. The complainant and respondent may be accompanied during the interview by counsel.  The options for resolution shall be of a voluntary or informal nature and shall not include the power of formal administrative action such as discipline. If resolution is achieved as a result of this informal process, a written copy of the resolution shall be signed by the complainant and the respondent.  A copy of the written complaint and the resolution shall be maintained by the Advisor in a confidential file for a period of six years from the date of the signing of the resolution, and shall be destroyed thereafter.

10. 2. Formal Procedures The complainant or the respondent may proceed to the formal procedures if:i) the respondent or the complainant does not agree to participate in the informal process, within ten working days of the rejection of the informal procedures, orii)  the informal process does not resolve the dispute within ten working days of the completion of the information process.If a complainant wishes to proceed to use the formal procedures, the following must occur:a) The Advisor shall forward a copy of the written complaint to the Rector.b) Within five working days of the receipt of the written complaint, as described in (a) above, the complainant and respondent shall be informed by the Rector regarding the arbitrator designated to resolve their dispute. Such arbitrator would be chosen from a list of arbitrators appointed by the Rector after consultation with the Committee on Gender Issues.c) Unless exceptional circumstances dictate to the contrary, the arbitration shall be held within two months of the date ofidentification of the arbitrator.d) The arbitrator shall determine whether the complaint is justified.e) There shall be an automatic right of appeal against the decision of an arbitrator, within a maximum of 60 days of the notice of the arbitrator's decision. Notice of intention to appeal will be in writing and shall identify the procedural or substantive reasons for the appeal.  The Advisor will refer the issue to three arbitrators identified by the Rector from the approved list.  The results of the appeal shall be final.f) It is recognised that the arbitration procedure is meant to provide an expeditious method of resolving complaints of sexual harassment.  It is intended therefore, to operate strictly within time limits prescribed for taking the various steps in this procedure. However it is recognised that it will not always be possible to do so; therefore the parties may agree in writing to extend any time limits specified. Furthermore, the arbitrator shall have the power to adjust time limits, provided that the arbitrator is satisfied that there are reasonable grounds for granting an extension and provided that granting an extension does not create prejudice to either party.g) Any formal disciplinary action shall be recorded and dispensed and/or acted upon, as per the existing procedures of the university.h) The costs of arbitration shall be the responsibility of the university.

11. Reasons for Enforcement Policy • Make sure employees who bring charges do not face retaliation • Safeguard the rights of the accused • Investigate all sexual harassment charges quickly and thoroughly • Maintain accurate records of the investigation and the findings • Take immediate action when sexual harassment is discovered or suspected • Discipline appropriately any employee found to have engaged in sexual harassment • Safeguard your employees from third-party work-related sexual harassment

12. Enforcement Policy • Most comprehensive sexual harassment policies and procedures are bound to fail if a company does not enforce them quickly, consistently, and aggressively • Companies must take sexual harassment seriously • Need to make certain that personnel responsible for enforcement conduct prompt, thorough, and documented investigations of all complaints, even those that appear trivial • Employers should also keep tabs on their supervisors. This can be accomplished by means of monthly meetings with higher management, unscheduled spot checks, or periodic sexual harassment training sessions. Depending onmanagement style, some businesses may find it useful to survey subordinates about sexual harassment issues, as a way to gauge supervisors attitudesabout the problem. • Companies may want to screen annual data on hiring, firing, promotions, and compensation packages for any pattern of overt gender discrimination that may also be occurring. • In dealing with problems, companies must avoid any measures that penalize the individual who has lodged a sexual harassment complaint. This can occur, for example, when a company transfers the complainant to a less desirable position as a way to avoid interaction between the victim and the accused

14. CONCLUSION • Sexual harassment in the workplace presents an ongoing and growing risk to businesses • Today, the time is right 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 will be offset by significant savings in legal fees and health-care costs • Not only is it the right thing to do, it is the smart thing to do • Happy employees leads to good productivity levels • Working together to help combat sexual abuse within the workplace

15. Thank YouThembekile SimelaneMarketing & Project Co-ordinatorNEPAD Business Foundation