Sexual harrasment policy explained

The National Council of Women has felt the need to explain the sexual harassment policy, enacted in Parliament in February, in the light of misleading comments on the policy.

Its president Grace Attard yesterday said the anti-discrimination government policy, a code of practice on measures to combat sexual harassment, was in line with EU directives and addressed the basic principle of respect for workers, whether in big or small companies.

Rather than being an extra burden on employers, as has been suggested, the policy enhances the workplace, which means more profitability for the enterprise, Ms Attard said.

In fact, a number of private companies have already set up sexual harassment policies.

The NCW is working hard to provide the correct information to avoid a negative attitude towards the policy, Ms Attard said.

The government policy did not only address the issue of women at the workplace, but also of men, persons with disability and those with a different sexual orientation, who suffered most.

It emphasises that employees, victims of sexual harassment, are often reluctant to complain, implying that an absence of complaints does not necessarily mean an absence of sex-ual harassment.

The policy recommends to employers that where informal resolution is inappropriate, or refused, the complainant should resort to formal procedures, which should instil confidence in the employee.

Sexual harassment may render the normal channels of complaint difficult to use due to embarrassment, or fears of damage to reputation. Formal procedures should, therefore, specify to whom the employee should complain.

Among the recommendations, one of the first steps in dealing with the problem of sexual harassment is the issuing of a policy statement, which expressly states that employees have a right to be treated with dignity.

The policy statement should clarify what is considered inappropriate behaviour at work.

It is recommended that managers explain the organisation's policy to their staff and take steps to positively promote the policy. They should also be supportive to members of staff who complain about sexual harassment, maintain confidentiality and ensure that there is no further problem after a complaint has been resolved.

According to the policy, an important means of ensuring that sexual harassment does not occur is through training for managers and supervisors, aimed at identifying the factors that contribute to a working environment that is free of sexual harassment.

The development of precise procedures to deal with sexual harassment in an efficient and effective manner is important.

The policy also recommends that employers designate someone to provide advice and assistance to employees subjected to sexual harassment.

They could be selected from personnel, or equal opportunities departments, for example. Often their role may be played by a representative of the employee's trade union, or women's support groups.

It is important to ensure that internal investigations of complaints are handled with sensitivity and respect for the rights of both the complainant and the alleged harasser, the policy outlines.

A time limit within which complaints are processed should also be in place, as well as strict confidentiality throughout any investigation.

It is recommended that violations of the organisation's policy, protecting the dignity of employees, should be treated as a disciplinary offence and disciplinary rules should make clear what is regarded as inappropriate behaviour at work.

It is also good practice to ensure that the range of penalties for violating the rule is clearly stated, the policy recommends.

Since sexual harassment is a form of employee misconduct, employers have a responsibility to deal with it as they do with any other form of misconduct and, since it is a risk to health and safety, employers have a responsibility to take steps to minimise that risk.

The complete text of the policy is available on the Info Women section of www.mcwmalta.com.