Sexual Harassment in the Workplace

Norah Gift Amala • May 11, 2023

Understanding Types, Legal Frameworks, and Effective Solutions.

A workplace is ideally meant to foster productivity, growth, and individual fulfillment of employees as they, in turn, contribute to the realization of the overall desired goal of an entity. The ideal workspace should be respectful, inclusive, and with an aura secure enough to keep a worker excited and motivated enough to report to work to give their best.


Employees are however robbed of the right to experience safety when the environment turns toxic, toxic enough that they are demotivated and unwilling to give their best, and in the extreme, wish to quit the space. A toxic work environment is characterized by hostile and negative atmospheres that impact the well-being and productivity of the employees and causes them to battle with stress, anxiety, and fear among other impacts. 


Sexual harassment is one of the practices that leads to toxic work environments. This is any unwelcome conduct of a sexual nature that results in physical, psychological, or sexual harm, that might reasonably be expected or be perceived to cause offense or humiliation, when such conduct interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive work environment (Edlund, 2020). Everyone in the workplace is prone to sexual harassment, this includes workers in both low and high-managerial positions, service providers, and persons that interact with the workspace. 


Quid Pro Quo (something for something) harassment and Hostile environment harassment are the two types of sexual harassment (June 2012). 


(Kiwalabye, 2017) throws light on the various manifestations of sexual harassment in the workspace, that are either subtle enough to be ignored or direct enough to leave unnoticed. These take the forms of, but are not limited to; 

  • Unwanted sexual attention, 
  • Any unwelcome physical touch 
  • Sexual remarks on a person’s body or clothing, 
  • Sexual questions or jokes, 
  • Sexual assault and rape at the workplace,
  • Receiving career threats upon refusing to accede to date or sexual favors, 
  • Verbal sexual harassment such as someone being addressed in a sexually offensive manner
  • Displaying sexually explicit materials in the workplace without educational or work-related motives. 


How Sexual Harassment at workplaces impacts workers 

Sexual harassment in the workplace may cause victims short-term and long-term negative effects. It leads to depression and post-traumatic stress. Individuals may feel humiliated, lose self-esteem, and more. It may also lead to workplace problems like higher turnover, absenteeism, and decreased work performance (Yie & Ping, 2021). 


The authors further stipulate that employees of various genders that have experienced sexual harassment experience negative emotions ranging from embarrassment, shame, depression, a decrease in self-esteem, and lack of job satisfaction to compromised safety.

In addition, sexual harassment at work may result in the likelihood of conducting substance abuse, experiencing Post-Traumatic Stress Disorder (PSTD), and in the extremes, development, and execution of suicidal tendencies (Yie & Ping, 2021)


Legal Frameworks on sexual harassment: 

National frameworks 


Regional-level Policy and legal framework


International frameworks 


While having a robust sexual harassment policy in a workspace is plausible, it is not an absolute mechanism to completely wipe out the vice of sexual harassment in the workspaces. A regular review and update of the policy are needed to ensure it responds to the changing context of sexual harassment so it remains effective, informative, and relevant but also aligns with the current ideal practices and expectations in the workplace. 


Responding to sexual harassment in the absence of legal and policy frameworks

In a rare situation that there isn’t a legal or policy framework to respond to a sexual harassment situation, most likely in an informal setting, these outlined interventions can be used to deal with the situation head-on;

  • Speaking Up! Should you encounter any form of sexual harassment, there is power in airing it out. Openly speak about how you feel about the situation. It is important because there are subtle forms of sexual harassment that may go unnoticed 
  • Confide in a colleague you trust 
  • Document the sexual harassment incident. Gladly it’s an era of technology, taking videos, and making use of camera recordings are important in reporting the case 
  • Leverage the support mechanisms of other work entities. These could be partners, networks, or companies/organizations that have established legal or policy frameworks that address sexual harassment. These could avail information and support a victim on the required steps needed to take to reach justice and healing.


The procedure for handling sexual harassment complaints (Act, 2023)

Upon receipt of a complaint, the labor officer shall promptly investigate a complaint by taking the following steps;

  • Register the details of the complaint in the form prescribed in the Second Schedule
  • Interview the complainant to ascertain the facts of the matter;
  • Obtain from the committee the written report of their investigation and decision on the complaint;
  • Notify the employer of the complaint and direct the employer to respond to the complaint;
  • Investigate the complaint to ascertain the facts to the extent practicable, throughout the investigation and consult the union office where a union exists in the establishment
  • In case of a labor officer not being a labor Commissioner, dispose of the complaint or refer it to the Labor Commissioner in case of deadlock;
  • Inform the employer and complainant of the decision in writing;
  • Inform the employer that he or she will not engage in retaliation against the complainant or anyone else who cooperates with the investigations;
  • Order the employer to separate the complainant and the person alleged to have harassed to avoid further harassment without adverse discrimination affecting their working conditions; and
  • Continuously monitor the interim measures that are being taken by the employer throughout the investigation and after that


The emotional gap in legal and policy frameworks 

Policies and laws alone cannot be completely effective tools to prevent and respond to sexual harassment. Victims of sexual harassment, who are absolute emotional beings, are at the core of response and intervention, and policies cannot fully address the emotional scars that sexual harassment can have on an individual, both at the workplace and in spaces beyond work. It’s plausible that these policy and legal frameworks provide guidelines and consequences for the vice. They also may not be enforced adequately and under the fact that they are frameworks, the language therein could be limiting enough for the victims to hold back on reporting for fear of retaliation of the unseen or unclear consequences. 

It is therefore most important to have support systems in workplaces that are preventive, restorative, and responsive. These systems may include; 

  • Establishing sexual harassment committees in the workplace to register complaints, investigate and respond to the complaints. 
  • Readily available counseling services,
  • Training of all individuals (employers, employees service providers, and all individuals that are affiliated with the workspace) on sexual harassment


Employers should therefore be in a position to identify and respond to situations that depict sexual harassment and take measures to prevent sexual harassment and generally promote a safe working environment for all workers in the space.


References 

Act, E. (2023). Employment ( Sexual Harassment ) Regulations, 2012.

Edlund, C. (2020). Prevention of Harassment, Sexual Harassment, Discrimination, and Abuse of Authority Policy. UNWomen, 1–18. https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/About Us/Accountability/UN-Women-Harassment-sexual-harassment-discrimination-and-abuse-of-authority-policy-en.pdf

June, I. (2012). Sexual harassment in the world of work. 190, 789. www.ilga-europe.org/resources/glossary

Kiwalabye, F. (2017). Sexual harassment at the workplace : A case study of the Uganda police force. Youth Crime Watch Uganda/IgnitusWorldwide Uganda, P13.

Williams, T. H., & Williams, N. M. (1999). Preventing and responding to sexual harassment. Family Practice Management, 6(9), 32. http://search.ebscohost.com/login.aspx?direct=true&db=cin20&AN=1999073011&site=ehost-live

Yie, C. E., & Ping, N. T. S. (2021). Sexual Harassment in Workplace: A Literature Review. The International Journal of Humanities & Social Studies, 9(8). https://doi.org/10.24940/theijhss/2021/v9/i8/hs2108-023



By samantha 25 Jul, 2024
“Someone will ask, ‘Will it pay?’ If it will, one will steal. If it won’t pay, one won’t steal. It should be too expensive to steal. This is why corruption is happening on a grand scale. They must steal enough to stay out of jail.” - Auditor General John Muwanga, May 31, 2013 The catalyst for the current #March2Parliament protests is a series of high-profile corruption scandals that have exposed the misuse of public funds by top government officials; the most egregious allegations involving the Speaker of Parliament, Anita Among. The Speaker and a number of her staff are accused of breaching parliamentary rules by using private bank accounts to withdraw enormous amounts of money between April 2023 and January 2024, supposedly for Among’s official work including outreach, community projects, and expenses. Journalists also allege that Among oversaw the distribution of more than Shs1.7 billion in 2022 as “service awards” for parliamentary commissioners, who oversee spending and salaries in Parliament. (Wepukhulu, 2024) The #March2Parliament protests have articulated seven demands: the resignation of Anita Among as Speaker of Parliament, reduction in the number of MPs, immediate resignation of implicated MPs pending investigations into corruption allegations, comprehensive lifestyle audits of MPs with public disclosure, reduction of MPs' salaries and allowances to 3 million, and unrestricted exercise of Ugandans' democratic right to peaceful assembly without obstruction. 
By samantha 21 Jun, 2024
In the pursuit of sustainable development and gender equality, the role of intellectual property (IP) rights cannot be understated. Intellectual property encompasses a wide range of creations, from inventions and innovations to artistic expressions and cultural heritage. Yet, despite their significant contributions to the intellectual landscape, women continue to face barriers such as underrepresentation and bias, limited access to resources such as funding, mentorship, and networks that are crucial for navigating and succeeding in IP systems, and societal expectations and cultural norms that discourage women from pursuing careers in STEM or asserting their rights in IP systems, among other things. Closing the gender gap in intellectual property is not only a matter of equity and justice but also a crucial component of achieving the Sustainable Development Goals (SDGs).
By samantha 11 Jun, 2024
The menstrual cycle is an important part of many people’s lives. Despite this, misinformation, silence and shame abound around the topic. For menstrual hygiene day, I set out to write an article strictly about how you can use food to optimize your wellbeing during your period but I ended getting a lot more than that from my interview with Gilbert Nsanzimfura, a nutritionist with TMR International Hospital. He shared in detail about the 4 stages of the menstrual cycle, how you may feel, what you can eat and what you should avoid to get through each like a champ. Enjoy! Nutrition takes place for the entirety of mankind’s life, but for this article we are going to focus on nutrition for women of reproductive age. The menstrual cycle has 4 phases: Menstruation phase , Follicular phase , Luteal phase and Ovulation . Follicular phase: This is the phase between the first day after blood flow has stopped up to about the 13 th -14 th day when ovulation normally occurs. This stage involves a follicle stimulating hormone which facilitates the growth of follicles. These follicles will harbor a mature egg during the ovulation phase. Ovulation phase: This is where a mature egg (ovum) is released from the fallopian tubes. This is the shortest phase of the cycle, it can last up to 24 hours. This is called the excitement phase of the entire menstruation cycle. Luteal phase: It normally collides with menstruation and sometimes they are even confused to be the same phase. In the Luteal phase, the body is getting ready to start mothering an embryo; the egg is already released into the uterus for fertilization. This stage involves multiple hormones at the same time, including progesterone and oestrogen. These two hormones are very stubborn in that their reactions are very rapid. They both, each at a time, support the thickening of the uterine walls. This stage lasts about 10 to 15 days, from your ovulation day to the day you experience your first drop of blood flowing through the vagina if fertilization does not take place. Menstruation: This is normally the most distressing phase of the entire cycle. It lasts about 3-7 days although some might experience it for up to 10 days. Some women have them heavy, others light, others painful and others very painful. NUTRITION AND THE MENSTRUATION CYCLE First there are foods that need to be taken throughout each of these phases. These are foods you cannot do without, the first being Vitamins and minerals. The body cannot manufacture them on its own. The good news is that the body does not need a lot, this is why they are called micronutrients. Others are proteins, carbohydrates for energy and lipids. NUTRITION DURING THE FOLLICULAR PHASE At this point, your body has gone through changes. −You have lost blood, iron and minerals −Dizziness may be felt −You may feel weak Here it’s like building a house from ruins. You need to take all the food stuffs but mainly you need to replace the lost iron, the lost calcium and the lost magnesium. Foods to eat
By samantha 15 Apr, 2024
Last week, we bid farewell and celebrated the incredible journey of our beloved storyteller, Ms. Patience Ahumuza, who is embarking on a new chapter in her life. While the news of her departure may hit you like a sudden gust of wind, leaving you bewildered and saddened, you will also be comforted to know that her departure is a feminist act of resistance - to REST and RECHARGE! Goodbyes are never easy, but we are extremely grateful to have crossed paths and worked with someone as remarkable as Patience. Her work has left an indelible mark on Femme Forte, and we will cherish the memories we've created together forever. Throughout her tenure, Patience has been the driving force behind our organization's voice on all socials, tirelessly advocating for gender equity and empowering voices that often go unheard. From amplifying marginalized voices to spearheading impactful campaigns, creating networks and bonds, teaching and growing with us, she has been instrumental in shaping Femme Forte's message outlook and impact. Besides being our storyteller, Patience also actively participated in programming, fundraising, and administration among other roles. Her leadership, empathy, and fierce determination have inspired us to push boundaries, challenge norms, and strive for a more just and equitable world. Her dedication, passion, and unwavering commitment to feminist values have left an indelible mark on our community and beyond. As Patience takes a break to reflect on her career direction, we honor and celebrate her courage to first of all acknowledge the need to take a break - rest is truly resistance, the courage to pursue her passions and dreams unapologetically and the love for work she does to serve and love women. While her absence will be felt deeply within our team, we stand behind her decision to prioritize her own health, growth and general well-being. We have no doubt that Patience will continue to make waves wherever her journey takes her in the feminist spaces. Her impact extends far beyond the confines of our organization, and we eagerly await the incredible contributions she will undoubtedly make in the future. As we bid her farewell, we express our deepest gratitude for the tireless dedication, unwavering passion, and invaluable contributions. While her physical presence will be missed, her legacy will continue to inspire us in our ongoing pursuit of equality and justice. Patience, as you embark on this new chapter, know that you take with you the love, admiration, and endless support of your colleagues and feminist community. May your journey be filled with joy, fulfillment, and boundless opportunities. With heartfelt appreciation and warm wishes, Femme Forte Uganda.
By Penelope Sanyu, Chief Steward 21 Feb, 2024
On 11th February 2022, I had a phone conversation with a young excited voice on the other side of the line, this voice, too curious and so eager to meet was asking to volunteer with Femme Forte Uganda. We were going through a transition around that time so I asked her to represent us at a meeting with one of our main partners ( knowing full well she was going to be frustrated and not want to return ) Alas! This was the beginning of what would be a long and beautiful learning journey for us both. Long story short, Ms. Norah joined the team as a volunteer and continued to grow through the ranks to this day. It's with mixed emotions that I bid farewell to Ms. Norah, a shining star in our feminist constellation for the past two years. As she embarks on an exciting journey of pursuing further studies, we raise a collective glass to her remarkable contributions and unwavering commitment to our cause. Norah joined us not just as an employee, but as a young, passionate advocate, a strategic thinker, and a ball of inspiration. Her dedication to our mission was evident in everything she did, from spearheading impactful campaigns to fostering a supportive and inclusive environment for our team.
By Norah Gift Amala 11 May, 2023
Understanding Types, Legal Frameworks, and Effective Solutions.
By Communications Officer 03 Apr, 2023
Dear friends of Femme Forte, we are thrilled to share the August/September newsletter, take the sweet trouble and fix your tight schedules to get familiar with our last two month’s activities. This write-up comes with feminine fondness and friendliness, please scroll relentlessly and get edified with our August endeavours.
By Sarah Ademun 12 Oct, 2022
Sexual and gender-based violence (SGBV) is any sexual act that is perpetrated against a person’s will. In Africa and Uganda in particular, it’s based on gendered norms, cultures, and unequal power relationships all being results of the patriarchal power structure in societies and individual relationships. It includes physical, emotional, psychological, and sexual violence and denial of ownership of resources or access to services. Violence consists of threats and coercion. SGBV inflicts harm on women, girls, men, and boys and is a severe violation of several human rights. Victims of SGBV in Uganda confront a political economy that undermines their access to justice, even as the rights agenda works to develop and implement laws, policies and interventions that promote gender equality and balance. This notion provides insights into the daily struggles of women who have fallen victim to the structural patriarchy that is engrained in Ugandan society. The acts of fighting sexual and gender-based violence in Uganda have become futile without the involvement of Mental Health, one cannot address social, economic, political injustice, discrimination, unfairness, oppression, abuse, and stereotypes without bringing in the context of Mental health which is sensitive to both men and women.  Sexual and gender-based violence is one of the hard realities that women in Uganda are facing, this is mostly because of a lack of power and authority due to the patriarchy we are born in. This has culminated into limited access to assets and no social networks to be sure of belonging, gender inequalities, conflict, power imbalance, insufficient food at home and alcoholism, and lack of assertiveness for those who fled their countries due to war (refugees), as a result, they are prone and all vulnerable, as we can all imagine, there is not much a refugee woman can do to keep herself occupied or safe and the inadequate or limited operation of the rescue organizations also put them at a vulnerable position where they can easily be abused or taken advantage of, these organizations fail to keep up or provide appropriate help usually due to increasing numbers of refugees coming into the refugee camps], hence increasing the rate of SGBV and creates a big setback in the acquisition of women empowerment and sustainable development in general. SGBV denies women and girls [men too] the security and freedom to explore their full potential. As long as women and girls are not given a chance to explore their full potential and build up individually, they are forced to settle for less than they could have if they had the freedom and security to do it. Very little is being said about the impact of SGBV on the mental health of the survivors and very little is being done to find out the extent of SGBV on the mental health of its survivors. SGBV has serious consequences on the psychological health of the survivors and their families, depression, anxiety, post-traumatic stress disorder (PTSD), shock, memory loss, sexual dysfunction, and suicide are some of the psychological effects of SGBV on the survivors and their families. According to research, one-third of all cases of suicide among women, and 60% of all female murder victims are linked to sexual and gender-based violence. Different forms of SGBV also leave a deep emotional scar on many of the survivors. Research conducted by Advocate for Humans Rights revealed that hopelessness, loss of control, anger, suicide, behavior disorders, and eating disorder are some consequences of Sexual and Gender-Based violence. The most common types of SGBV prevailing in Uganda (especially, in the refugee camps) include; rape, female genital Mutilation, forced marriage, wife inheritance, wife battering, defilement, forced prostitution, and incest, and all of these practices are fueled by families that use their daughters as a source of money or resources to survive, young girls in child marriage and forced marriage to be able to get money from the men, law institutions also aid these acts by not seriously taking these cases of abuse into account and punishing the perpetrators, it is purported that when one reports the case to the police, they have to pay an amount between ugx5000-ugx50000 to the police as facilitation fees to officers to arrest the oppressor. With this, few women report these cases of abuse to the authorities considering the financial hurdles in their daily lives. The community also fuels these evil acts of Sexual and gender-based violence by blaming the women and cruising their dressing as the reason for their abuse. If a girl or woman was raped yet she was dressed in a trouser earlier, community members blame her and call her dress code indecent and hence the man goes free. In some communities, women believe that being beaten by their husbands is a sign of love, such beliefs have encouraged SGBV and some of such women have even lost their lives. All that has been shared above have resulted in Post-traumatic stress disorders, anxiety, depression, loss of self-esteem, suicide, sexual dysfunction, and behavioral disorder. Aside from the community, law institutions, families, women, and young girls have little understanding of sexual and gender-based violence and its effect on their mental health. The general public’s understanding of SGBV is limited, men are isolated from discussions on ending SGBV yet they are the main offenders, and the information on which actor should end the vice has not percolated deep to some parties. While men are cited severally to be perpetrators, they too can be fighters of SGBV if sensitization had them in a plan (s). As an extra factor, there is a scarcity of information on SGBV and Mental health. Poverty is yet another reason why SGBV is prevailing because women are following men for bare necessities such as sanitary pads, soap, and lotion and have ended up being abused by these men, they cannot even report it because they will be blamed for it. There is an unmet need for SGBV and mental health services in West Nile resulting in high numbers of women struggling with mental disorders. Several organizations fighting for women’s rights and health could be motivated to take on the task to sensitize the women in these communities about SGBV and its effect on their mental health, the laws that protect them from SGBV, and where they can seek help in case they are abused, and also refer them to where they can get services and some organizations can even decide to provide these services to these survivors of SGBV and their families. Though men and women suffer SGBV, the magnitude of women victims cannot easily be juxtaposed to that of men. There is a need for all concerned to be vigilant, implement policies and handle this conundrum with compassion if we are to realize palpable results.
Show More
Share by: