EXCERPTS FROM THE SEXUAL HARASSMENT ACT, 2021: Prohibited conduct

THE Sexual Harassment (Protection and Prevention) Act, 2021, which took effect on July 3, is being hailed as an important piece of legislation for ushering in concrete measures to protect the vulnerable and promote cultural change to end sexual harassment.

Here is an excerpt from Section 9 as it relates to Forms of Sexual Harassment and Related Prohibited Conduct:

9.—(1) An employer or a supervisor shall not sexually harass a worker.

(2) An employer or supervisor shall not make it appear to a worker that —

(a) the prospects or working conditions of that worker are contingent upon the worker’s acceptance or tolerance of sexual advances from the employer or supervisor; or

(b) the worker will suffer any form of disadvantage in connection with employment unless the worker accepts or is tolerant of sexual advances from the employer or supervisor.

(3) A worker shall not sexually harass a co-worker.

(4) A client shall not sexually harass a worker.

(5) A worker shall not sexually harass a client.

(6) A worker shall not sexually harass a supervisor.

(7) A worker shall not sexually harass an employer.

(8) A prospective employer shall not sexually harass a person who is seeking employment.

(9) A prospective employer shall not make it appear to a person seeking employment that —

(a) the offer of employment to that person; or

(b) the terms on which employment is offered, are contingent on that person’s acceptance of, or submission to, sexual advances from the prospective employer.