The ‘soots’ of sexual harassment


Legislation to deal with sexual harassment in the workplace is long overdue in this country. But, although the Law Reform Commission raises the issue in its 2002-2004 report, the Commission "favours mediation rather than legislation and suggests that guidelines be issued to both employers and employees which would assist in modifying behavioural patterns."


The Commission rightly recognises the issue as a sensitive one. Legislative measures which try to modify basic human drives must be cautiously introduced, and this is especially the case when the behaviour involves that most complex and contradictory aspect of human behaviour — sex. Yet would mediation really help solve this vexing problem?


A certain kind of sexual harassment, after all, is part of Trinidadian culture. The "soots," the "pssts," and the lewd comments that women get every day on the streets is certainly harassment which is sexual in intent. But it can be argued that it would be useless to pass legislation to deal with such behaviour. It is unlikely that police officers would respond to such complaints — indeed, policemen are often culprits themselves — and, in any case, certain types of unwholesome behaviour are best controlled by social disapproval rather than laws.


However, sexual harassment in the workplace is an altogether different matter. When women are harassed in the public streets, it is mostly their equanimity which suffers. But sexual harassment in the workplace affects women’s productivity and even threatens their livelihood. It also contravenes the norms expected in a working environment, so cultural acceptance certainly is not a factor here. And, because of the nature of the offence, it is doubtful that mediation would prove effective.


After all, the women who suffer most from sexual harassment are working-class females. Typically, the harassment comes from their male superiors, who often take matters beyond harassment to the point of demanding sexual favours in return for the women keeping their jobs. It has been reported that this practice is common in the Unemployment Relief Programme, as well as in certain social service departments where women depend on State assistance.


The Commission cannot seriously believe that mediation will have any impact in such situations. Only if the predators believe that they risk running afoul of the law, and being punished for their transgressions, will they cease and desist.


But will the Patrick Manning Administration bring this kind of legislation to the Parliament? It only recently came to light that the Government reportedly paid a settlement to a female employee of the Estate Management and Business Development Company who had accused the CEO of sexual harassment. The CEO, Mr Uthara Rao, continues to hold his post. So there is little doubt that the Government would be accused of blatant hypocrisy if it brought a Bill to criminalise sexual harassment at this time.


On the other hand, such a Bill may help demonstrate that the Government is not indifferent to women’s rights. We hope that the women of the ruling PNM, in particular, will bring pressure to bear on the Cabinet to consider such legislation. And we hope that they will be supported by those men who would not want their daughters, sisters and wives to be subjected to such unwelcomed attentions.

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"The ‘soots’ of sexual harassment"

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