The National Commission for the Promotion of Equality (NCPE) insisted on Monday that employers are legally bound to protect their employees from sexual harassment.

Its calls come days after Times of Malta revealed that a Transport Malta official who was suspended over sexual harassment charges two years ago, has returned to work at a different public entity.

He was charged in 2022 with committing non-consensual sexual acts on a female co-worker and sexually harassing her and another woman.

The commission made no direct reference to the case, but said that employers in both the public and private sectors are bound to take action against persons who, following fair internal investigations, have been found to have engaged in sexual misconduct.

"This duty applies even if there are pending court proceedings against the individual accused of misconduct. This means that employers cannot simply leave the matter up to the Courts and refrain from taking action to protect the safety and wellbeing of their employees."

The commission explained that the law lays down that: “Persons responsible for any workplace, educational establishment or entity providing vocational training or guidance or for any establishment at which goods, services or accommodation facilities are offered to the public, shall not permit other persons who have a right to be present in, or to avail themselves of any facility, goods or service provided at that place, to suffer sexual harassment at that place.”

It is of paramount importance, it said, that employers take sexual harassment seriously and proactively send the message that they are implementing all necessary measures to safeguard their employees. Failure to do so will not only endanger their employees but also discourage other persons experiencing sexual harassment from coming forward and reporting their case.