Public consultation on Cayman’s long-awaited sexual harassment legislation will begin next Tuesday, and the group that has pushed for the law for more than a decade is calling for community support to get it on the law books.
“As the Bill moves into public consultation we encourage every single member of the public to take it personally,” Mahreen Nabi, vice president on the Business and Professional Women’s Club said in a comment to the Cayman Compass on Wednesday.
Premier Wayne Panton, in a statement Tuesday night, announced that over the next four weeks the second round of consultation on the draft bill will be held starting 15 Aug. at the George Town Public Library.
The community can participate in-person and virtually in the town hall, which will from 6:30pm to 7:30pm.
‘High time’ Cayman joins regional counterparts
Nabi said the club is pleased to see forward movement on the bill, which will finally provide a legal definition of sexual harassment for the Cayman Islands.
“It is high time we get this in place and get on par with regional counterparts like Jamaica who published their legislation in 2021,” Nabi said, adding that the legislation will provide unmatched empowerment for those who have experienced sexual harassment to take action against perpetrators, while removing any ambiguity around what defines it.
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Panton, in the statement, said he was pleased with the level of engagement and support received during the first round of public consultation on the Bill.
“It shows that our country expects the Government to address sexual harassment in a robust and well thought out way. Our Government recognises the scale and scope of this legislation and therefore felt it necessary to ensure that everyone had an opportunity to give feedback – particularly the business community who will be asked to ensure many of the provisions of the bill are upheld,” he said.
Panton urged the public to acquaint themselves with the proposed bill.
Nabi pointed out that for over 15 years BPW has advocated tirelessly for this legislation.
“We are hopeful that once it is in place it will ensure that regardless of gender, age or orientation, all people who visit or reside on our islands will be formally protected against unwanted and unwelcome conduct of a sexual nature,” Nabi said.
A Compass series in 2021 highlighted the need for the legislation.
“Although an unpleasant thing to think about, statistics show over half of men and women experience some form of sexual harassment in their lifetime,” Nabi said.
In March this year, a White Paper was issued, with public consultation open until 15 April.
The government statement said that consultation resulted in “significant responses from over 300 individuals and organisations”.
A summary of the public feedback can be viewed here.
“The decision to hold the Town Hall and district meetings is to share some of the proposed changes to the White Paper based on the feedback received and to facilitate some additional public consultation on this very important bill of national concern,” it added.
Provisions of the law
The Bill states that it seeks to provide for the prevention of sexual harassment and the introduction of remedies in circumstances where a person makes a complaint.
Although the Bill does not apply to “street” or “public” harassment, it prohibits a person offering a service and/or goods to members of the public from sexually harassing a customer or client, a government statement said.
The draft law defines sexual harassment as making unwelcome sexual advances, comments or gestures to a person; sending a person unwanted sexual images or graphics; making it appear a person will receive preferential treatment or other advantages at work if the person submits to sexual harassment; or directly or indirectly engaging in any other form of unwelcome conduct of a sexual nature.
It provides that every employer shall formulate a policy statement concerning sexual harassment in the workplace and outline what that policy should include.
The proposed law makes it an offence to victimise a person who has made a sexual harassment compliant, with a fine of $5,000 or imprisonment for one year or both.
Under the proposed law, complaints may be made to the Gender Equality Tribunal in writing, setting out the details of the alleged sexual harassment.
However, this is subject to the exhausting of any internal mechanisms and procedures that are made available to that person, as provided for in the sexual harassment policy statement in their place of employment/institution/educational institution.
A complaint shall be made within 18 months from the date of the alleged act of sexual harassment and, in the case of a series of acts of sexual harassment, within 18 months from the date of the last alleged act of sexual harassment was committed, the law proposes.
The Bill has the following features:
- provides a definition, and examples of conduct and circumstances which would constitute sexual harassment,
- requires every employer regardless of the size of the company, to formulate a policy statement,
- prohibits employers and employees from committing acts of sexual harassment,
- outlines the employer and employee obligations and duty,
- imposes sexual harassment liability on an employer under certain circumstances,
- requires institutions to have a policy to protect employees, students, children, residents or clients,
- prohibits sexual harassment in the provision of accommodations, goods, services or facilities, including landlord and tenant transactions,
- requires qualifying bodies, organisations, employment agencies, and professional and civic associations to have a sexual harassment policy,
- provides a procedure to make complaints of sexual harassment to the Gender Equality Tribunal, and for the hearing and resolution of such complaints including orders and costs that may be imposed,
- prohibits victimisation of a person as a result of making a complaint,
- provides for confidentiality and a limitation on publication of details pertaining to cases appearing before the tribunal, and
- provides a sample sexual harassment policy which an entity may adopt or modify as appropriate for use.
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