Sexual Harassment
What is the relevant legislation on sexual harassment?
(Constitution, Labour Code, Anti-Discrimination Law, sexual harassment law, criminal code)
The Decent Work Act and Penal Law of Liberia are the relevant legislations on sexual harassment.
Definition of harassment and sexual harassment?
The Decent Work Act defines Sexual harassment as any unwelcome, unreasonable, or offensive sexual conduct that impacts a person’s job based on their response to it or creates a hostile, intimidating, or humiliating work environment. It includes physical, verbal, or non-verbal conduct of a sexual nature and any behaviour based on sex that affects the dignity of men or women.
Furthermore, no person shall sexually harass a worker, either directly or indirectly, in any employment practice or during employment. In legal proceedings, the complainant must prove that the sexual conduct occurred, while the accused must demonstrate that the conduct did not influence employment decisions or create a hostile work environment.
Employer's responsibility towards prevention of sexual harassment?
Sexual harassment is considered a grave misconduct, and any person found guilty of this shall be terminated immediately.
Does the law provide for proper punishment in case of sexual harassment?
(fine or imprisonment or both/civil remedies and criminal liabilities)
According to the Penal Code, for a misdemeanour of the second degree, a definite term imprisonment should not be more than 30 days, fixed by the court.
Sources: §2.8, 2.13 (b) & 14.3 of the Decent work Act, 2015; § 14.28, & 50.7 Penal Law of Liberia, 1976
