Developing an Anti-Sexual Harassment Policy in Jamaica- Key Considerations

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The national conversation over the last few months was dominated with talks about compliance with the Data Protection regime. However, the deadline for compliance with the new Anti-Sexual Harassment legislation which came into effect last July has creeped up! Yes, employers and “institutions” so-called, have until June 30th to be fully complaint with the Sexual Harassment Prevention and Protection Legislation. 

What I noted in my review and in my research of the concept is that sexual harassment as a concept is extremely complex and even more so in a Jamaican context and where there are, within the business/organisation’s culture, pre-existing notions of permissible behaviour.

Based on my knowledge and understanding of the regime and the related concepts, below are a few key practical considerations:

  1. before settling on a sexual harassment and prevention policy, ensure that you receive comprehensive advice on the legislation as a whole and its implications. Do not simply cut-and-paste from draft policy annexed to the legislation;
  1. as a preliminary step, engage in a much broader assessment of your business/organisation, the existing hierarchy and culture, while ensuring the policy takes these factors into account;

  1. be prepared to increase your budget spend to ensure that your management teams are adequately trained and afforded practical guidance on the concept and how to respond in the context of the legislation and your organisation; and
  1. ensure that the policy you develop for your business/organisation fits neatly within your existing employee management and disciplinary policy frameworks.

NOTICE

The above does not constitute legal advice. LMC highly recommends that you engage an experienced employment law professional to advise and support you throughout the process.

About the Author:

Nickardo is an Employment and Industrial Relations Specialist with vast experience in contentious and non-contentious employment law solutions.

You may book a consultation with him by sending your request to info@lawsonmariechambers.com OR contact him by phone at 876-690-2402. He’d be happy to speak with you on these issues or generally, on other legal matters.

Intellectual Property Notice

This entry is the intellectual property of LawsonMarie Chambers. Reproduction or other use of this article or any part thereof is strictly prohibited without the express written approval of LMC’s Practice Head.

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Nickardo Lawson

Nickardo is a senior attorney with multi-jurisdictional experience providing representation and advisory support in general litigation, employment law, estates administration, and real estate/conveyancing. He is admitted to the Bars of Jamaica, Trinidad and Barbados.

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