PSOJ wants transparent sexual harassment tribunal
THE Private Sector Organisation of Jamaica (PSOJ) has made a number of recommendations to Parliament, which it says should ensure an effective, transparent tribunal that will adjudicate cases of sexual harassment in the workplace and specified institutions.
The PSOJ yesterday made the recommendations in its submission of proposed changes to the Sexual Harassment Act (2019), to the joint select committee that is now reviewing the Bill.
The organisation is of the view that the power of the tribunal to award any sum to a party should be capped at $2 million or two years’ salary, whichever is greater.
“Lack of limits/caps on awards can be a pernicious problem,” said the PSOJ in its submission.
The body also argued that the minimum qualifications for being a supporting tribunal officer — being female, or having experience in labour relations, and gender affairs — is insufficient to ensure an understanding of sexual harassment matters.
“Tribunal members and the officers who support them should be trained and certified in sexual harassment, gender awareness and sensitivity, diversity and inclusion, and intersectionality. Someone with mental health training and/ or expertise should be a part of the tribunal,” the group proposed.
PSOJ Vice-president Mariame Mcintosh Robinson told the committee that the organisation is recommending that all tribunal members be non-partisan, and that communication with the public on its performance would be critical.
She said, too, that the definition of sexual harassment should be expanded to include sexually colourful remarks and harassment imposed by way of the environment, such as the mounting of certain types of posters and graffiti.
“The current focus on sexual advances is much too limited and fails to recognise that a person may be victimised based on the hostile environment of sexual harassment and gender discrimination without a sexual advance being made to them directly,” the group said in its submission.
It also wants specific settings to be emphasised in the legislation, to include the household environment in the case of domestic workers, churches, and places where sporting activities are conducted, among other settings.
“The scope of the Act is too narrow, mostly dealing with institutions and workplaces, and briefly landlord/tenant relationships; the law needs to address a wider societal problem,” the PSOJ said, noting that in international best practice, such jurisdiction extends to everyone who can be harassed, or who can sexually harass.
It is also dissatisfied with the proposed 12-month period for bringing a claim, with no opportunity for an extension.
Mcintosh Robinson said the recommendation is for the statute of limitations to be aligned with the six-year statute for civil matters.