According to the National Industrial Court (Civil Procedure) Rules 2017, “Sexual harassment” refers to unwelcome, rude, or threatening sexual behavior, as opposed to reciprocal sexual attention. Sexual attention can be considered harassment if it is persistent and offensive, and the perpetrator is aware of the unacceptable behavior.
Sexual harassment in the workplace is a severe problem that can have long-term ramifications for both the victim and the company. It can appear in a variety of forms, including:
- Verbal harassment (inappropriate remarks, jokes, or gestures)
- Nonverbal harassment (e.g., inappropriate touching, staring, or the presentation of objectionable imagery).
- Physical harassment (attack, impeding someone’s mobility)
- Psychological harassment (e.g., intimidation and bullying)
- Examples of sexual harassment in the workplace include the following:
- Unwanted touch or grab
- Sexual remarks or jokes.
- Showing sexually provocative photos or videos.
- Seeking sexual favors in exchange for job benefits.
- Make sexual advances or offers.
Discrimination is the act of treating persons or groups unfairly or differently based on race, gender, age, religion, tribe, disability, National origin, socioeconomic status, language, and cultural Beliefs
Discrimination can be:
- Direct: express exclusion or unequal treatment
- Indirect biases are subtle or disguised.
- Systemic: integrated into policies or practices.
- Institutional: sustained by organizations or systems.
Discrimination can lead to: Disparities in opportunity, treatment, marginalization, exclusion, stigma, and harm. Discrimination is a destructive habit that can have long-term consequences for individuals and society, and it is critical to identify and oppose it in all forms.
Thus, in Nigerian law, what are the legal actions that a victim of sexual harassment or discrimination may pursue? Under Order 14 of the National Industrial Court Civil Procedure Rules 2017, a victim of sexual harassment or discrimination can take the following steps:
- FOR SEXUAL HARASSMENT, ORDER 14 RULE (1) PROVIDE THAT: If a Claimant asserts sexual harassment at work, the victim through their counsel might specify the type of harassment in the complaint. The form of harassment may include:
- Sexual conduct, including inappropriate physical contact.
- Sexual contact, including touching, assault, and rape, as well as strip searches or gestures in the presence of the opposite sex, are considered accused.
- Sexual harassment includes verbal forms such as innuendos, hints, sexual advances, jokes, and inappropriate inquiries about a person’s body.
- Unwelcome and inappropriate inquiries regarding a person’s sex life, as well as unwelcome whistling at a person or group of people.
- Additionally, any document, material, or exhibit supporting the claim.
- Nonverbal sexual harassment includes unwelcome gestures, indecent exposures, and displays of sexually explicit content. Images and objects; and/or
- Quid pro quo harassment occurs when an owner, employer, supervisor, member of management, or coworker seeks to exert influence on employment, promotion, training, discipline, dismissal, compensation increases, or other incentives for employees or job applicants in exchange for sexual favors.
- FOR DISCRIMINATION ORDER 14 RULE 2 PROVIDE THAT: When a claimant in a court action alleges discrimination at work, the claimant must specify whether the alleged discrimination is based on any of the following grounds: ancestry, religion, gender, sex, marital status, family dynamics, genetic heritage, ethnic origin, political or ideological convictions, union affiliation, tribe, handicap or disability, health, pregnancy, and any other ground.
To succeed in any sexual harassment or discrimination lawsuit in the workplace, Order 14 Rule 3 of the Rules requires the victim to state in the complaint the activity that constitutes the alleged workplace discrimination or sexual harassment (including the mode, manner, correspondence, and communication).
WHAT STEPS CAN ORGANISATIONS TAKE TO PREVENT SEXUAL HARASSMENT AND DISCRIMINATION IN THE WORKPLACE?
To curb sexual harassment and discrimination in the workplace, organizations should consider the following steps:
- ESTABLISH A ZERO-TOLERANCE POLICY: Develop a clear policy that outlines consequences for inappropriate behavior.
- PROVIDE TRAINING AND EDUCATION: Offer regular workshops and training sessions to raise awareness and promote a culture of respect.
- ENCOURAGE OPEN COMMUNICATION: Create a safe and confidential reporting process for incidents and concerns.
- CONDUCT THOROUGH INVESTIGATIONS: Ensure prompt and impartial investigations into all reported incidents.
- TAKE APPROPRIATE ACTION: Impose appropriate disciplinary actions and consequences for perpetrators.
- FOSTER A CULTURE OF INCLUSIVITY: Promote diversity, equity, and inclusion initiatives to create a welcoming work environment.
- HOLD LEADERS ACCOUNTABLE: Ensure that management and leadership set a respectful tone in the workplace and are held accountable for their actions.
- MONITOR AND EVALUATE: Regularly assess and improve policies and procedures to ensure their effectiveness.
- SUPPORT SURVIVORS: Offer resources and support for those who have experienced harassment or discrimination.
- LEAD BY EXAMPLE: Demonstrate a commitment to a harassment-free workplace from top-level leadership down.
Remember, preventing sexual harassment and discrimination requires ongoing effort and commitment. By following these steps, you can create a safer and more respectful work environment.
