Introduction
In general, sexual harassment is unwelcome sexual conduct, which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. Sexual harassment can take various forms. It can involve:
- unwelcome touching, hugging or kissing;
- staring or leering;
- suggestive comments or jokes;
- sexually explicit pictures, screen savers or posters;
- unwanted invitations to go out on dates or requests for sex;
- intrusive questions about an employee’s private life or body;
- unnecessary familiarity;
- insults or taunts based on your sex;
- sexually explicit emails or SMS messages;
- accessing sexually explicit internet sites;
- Quid pro quo (Something for something, nothing for nothing)
- behaviour which would also be considered an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
Sexual harassment in the work place is prohibited in Zimbabwe but it still persists. It is a phenomenon of the workplace which is perpetrated by both men and women, the old and the young. Predominantly, worldwide, the victims of sexual harassment are mostly women and Zimbabwe is no exception. Sexual harassment takes place often in the lives of young women, who are new job entrants. Preventing sexual harassment is paramount for preserving the dignity and well-being of individuals in the workplace. Each employee, has the right to work in an environment free from unwanted advances or offensive behaviour, ensuring their psychological and emotional safety.
Legal Framework
The Zimbabwean Constitution’s section 73 (1) (a) guarantees everyone a right to a safe workplace by declaring that “every person has the right to an environment that is not harmful to their health or well-being.” Sexual harassment violates workplace health and safety and impairs job performance. Workplace codes of conduct classify sexual harassment as an act of misconduct. Sexual harassment is considered a misconduct in the public sector under section 4 of the Public Service Regulations SI 1 of 2000, first schedule (section 2). Upon proof, it carries the penalty of termination from the public service.
Sexual harassment is considered an unfair labour practice under section 8(h) of the Labour Act [chapter 28:01]. Sexual harassment, as defined under the Act, is defined as unwanted sexually suggestive behaviour directed at an employee. In the workplace, it can also manifest as the presentation of pornographic material or sexually suggestive comments. According to Zimbabwean legislation, it is illegal to display pornography. Additionally, sexual harassment at work is now a crime under the Labour Amendment Act No. 11 of 2023, which amends section 6(4) of the Labour Act to protect employees’ rights to fair labour standards. Violations of this law can result in a fine of up to level 12, a maximum of ten years in prison, or both.
Sexual harassment is recognized as a type of violence and harassment under the International Labour Organization’s [ILO] Convention 190 of 2019, which is mostly reflected in the Labour Act. Other important international tools in the battle against sexual harassment include the European Union Directive, the African Union-Maputo Protocol, and the Convention on the complete Elimination of all Discrimination Against Women [CEDAW].
Causes and contributing factors
The primary root causes of workplace sexual harassment are power disparities and gender inequality. Inequalities in power, such hierarchies in the workplace, can lead to a situation where those in positions of authority feel entitled while others are afraid to question or speak out against them. Even while power disparities cannot be eliminated, organizations and companies could think about lessening their consequences by providing safe channels for managers and leaders to report illegal behaviour and by making it clear that they will be held responsible for their actions.
Male opinions of what a man should do in society are directly related to male animosity toward women in the workplace. Some males believe their traditional role is under threat due to the feminist movement’s push for economic equality. Consequently, sexual harassment is a type of violence that is thought to be self-defence. The issue of sexual harassment is related to the roles that men and women are assigned in social and economic life, which either directly or indirectly impacts women’s employment status. When the financial impacts of men’s and women’s labour are examined, it becomes clear that sexual harassment is a means for men who harass women to vent their anger and attempt to regain power over their economic rivals.
There has been a huge global inflow of women entering the workforce despite the barriers they encounter in finding work. Since many families are struggling to make ends meet if the woman and husband do not both work full-time, women’s participation into the economy has been driven by need. In addition, the proportion of women-led single-parent households is rising. A woman is the only provider for a significant portion of families.
As more women entered the workforce, there were two concurrent, ostensibly opposing responses to women in the workplace. Women were seen as a threat in historically male-dominated workplaces, and some males harboured resentment toward women. These instances involved overt discrimination against the women, which included sexual harassment to cause embarrassment and humiliation, lower pay, absence of promotions, and less valuable job assignments. Exploiting women’s presence and making sexual favours and submitting to sexual behaviour conditions of employment—that is, preventing being demoted, dismissed, or otherwise negatively impacted at work—was the second reaction.
Women usually work in low-level jobs and are hired, retained, and promoted based on the favour and approval of male [superiors]. The male sexual demands gain direct economic clout when one is subject to male bosses. Additionally, it denies women financial stability and autonomy, which could make it easier for them to oppose unjustified work demands.
Impact on victims and the workplace
Workplace sexual harassment has a significant impact on a company’s reputation, staff morale, and financial performance. It can have an effect on the entire business, not just the individuals directly involved. Sexual harassment has a negative effect on employee morale and overall productivity in addition to the targeted individual. There may be a culture of fear, uneasiness, and anxiety when workers observe or learn about harassment. Overall workplace productivity and innovation are hampered by this hostile environment, which also hinders teamwork and collaboration. Direct victims of sexual harassment may also face a range of emotional and psychological repercussions that affect their capacity to carry out their jobs well.
Redress mechanisms
Legal and organizational procedures known as “redress mechanisms” enable victims of sexual harassment in the workplace to report occurrences, pursue justice, and obtain protection or restitution. These methods usually consist of internal workplace procedures, though they can differ from nation to nation. Human resources departments or anonymous reporting channels are typically required by organizations to receive complaints. These channels may lead to formal inquiries wherein the accused and complainant are given an opportunity to be heard and decisions, including disciplinary action, are made based on the findings.
Victims may seek damages for mental suffering, reputational harm, etc. as external legal remedies. If it is deemed a criminal offense, courts have the authority to impose sentences. In the case of Rita Marque Mbatha v. Farai Zizhou and Confederation of Zimbabwe Industries HH 675/21, which was decided on December 1, 2021, the Zimbabwean High Court granted a woman who had been sexually harassed at work a whooping payout and a sizeable sum of USD 180 000.00 to be paid by the offender as compensation damages. In summary, the victim, a female employee, filed a lawsuit against her former male supervisor, who served as both the employer and the organization’s CEO, stating that she had been sexually harassed at work on several occasions.
Conclusion
In this situation, men who harass a woman at work are doing more than just making her feel uncomfortable. They are making her feel vulnerable, causing tensions that make her work harder, and making her reluctant to look for higher-paying positions where she might feel even more pressure. To put it briefly, sexual harassment fosters an environment of fear and oppression. Women who experience sexual harassment often experience the same victimization process as those who have been the victims of rape, abuse, or other crimes involving gender, often blaming themselves and questioning their own value.