Sexual Harassment

Sexual Harassment

A person commits an act of sexual harassment if he or she engages in any form of unwanted verbal or physical conduct of a sexual nature in circumstances in which a reasonable person would have anticipated that the other person would be offended, humiliated or intimidated.  Such a person will thus be liable to a fine of MWK1, 000,000 (one million) or up to five years of imprisonment.

The Government is required to take active measures to ensure that employers have developed and are implementing appropriate policy and procedures aimed at eliminating sexual harassment in the workplace, which will entitle all persons who have been subjected to sexual harassment in the workplace to raise a grievance about its occurrence and be guaranteed that appropriate disciplinary action should be taken against perpetrators; entitle a non-employee who has been subjected to sexual harassment to lodge a grievance with the employer of the perpetrator where the conduct giving rise to the complaint has taken place  at the work place or in the course of the perpetrators employment; entitle all employees, job applicants and other persons who have dealings with the workplace to be treated with dignity; and oblige the person in charge of the workplace to implement the policy and procedures and impose disciplinary action against employees who do not comply, deal seriously, expeditiously, sensitively and confidentially with all allegations of sexual harassment; protect employees against victimization, retaliation for lodging grievances and from false accusations; explain the procedure which will be followed by persons who are victims of sexual harassment; communicate the sexual harassment policy and grievance  procedures effectively  to all employees and designate a person outside of line management whom a person who has been subjected to sexual harassment may approach for confidential advice or counseling.

Source: §6-7 of the Gender Equality Act 2013

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