Imani Duncan-Price | Protect domestic workers from sexual harassment

On July 3, Jamaica will enforce the Sexual Harassment Act, which is primarily aimed at ensuring that environments for work, institutions, and accommodation are free from sexual harassment. Notably, thanks to the strong advocacy of the Jamaica Household Workers Union, this new law also protects domestic workers by recognising the homes they work in as a workplace as well. This recognition is crucial as the domestic work sector has silently endured abuse for far too long.

While some employers maintain respectful and harmonious relationships with their domestic worker employees, others are abusive and disrespectful in various ways. Many domestic workers endure this harassment and abuse silently, fearing the loss of employment. Due to the isolated nature of their work in someone’s home, domestic workers, who are predominantly women, are particularly vulnerable to sexual harassment, which is unacceptable.

SEXUAL HARASSMENT

Sexual harassment is a pervasive issue faced by domestic workers. Some employers in the region believe they have the right to exploit their domestic workers, disregarding the fact that domestic work is legitimate work and deserves respect. Unfortunately, many other Caribbean countries lack any sexual harassment laws, or existing laws fail to recognise domestic workers as legitimate workers, leaving them unprotected. The National Union of Domestic Employees continues to fight for recognition and protection of domestic workers in Trinidad & Tobago, where they face such challenges. They deserve our full support.

Jamaica’s implementation of the Sexual Harassment Law represents a significant step forward. It is encouraging that this law is supported by both the People’s National Party and the Jamaica Labour Party. Countries like Guyana are even considering using Jamaica’s law as a foundation for formulating their own. However, we must ensure that the law’s provisions effectively protect all individuals, especially domestic workers.

HOME AS A WORKPLACE?

Under this new law, every enterprise in Jamaica will be required to establish a written Sexual Harassment Workplace Policy within 12 months of the law’s enforcement. Many larger private sector companies have been preparing for this requirement for the past two years. The Bureau of Gender Affairs has also conducted sensitisation sessions across the country to assist different entities in preparing for these changes.

While employers of domestic workers are not obligated to have a written policy in their homes, they are still expected to be aware of and respect the law. In the coming year, it is my hope that there will be broader national education regarding this new Sexual Harassment Law, with a specific focus on its impact on the nearly 100,000 domestic workers in Jamaica.

Live-in workers are the ones most affected by harassment of all kinds across the Caribbean, including Jamaica. Domestic workers have shared numerous experiences of the men in the household consistently “accidentally” brushing their bodies by their bottoms or their breasts as they move around the kitchen. When some domestic workers muster the courage to give a stern look, the men feign innocence and say it’s because the kitchen is small. Others have reported being shocked when the husband kissed her on the neck with the wife in the next room. Another was bent over cleaning the oven and the male employer came up behind her and grabbed her waist and rubbed against her. She was so startled, she hit her head in the oven. All of these were unwanted advances done by men who used their power advantage as the employer. This is physical harassment under the new law in Jamaica.

Many domestic workers have endured comments about their bodies looking “fit” and “good”, breasts being firm or why they have to go home on the weekends. When some say please don’t talk to me like that, the male employers respond that they are “compliments”. All of this is verbal harassment under the law.

When employers refuse to fix the locks on doors of the rooms where domestic workers sleep and then peep at them when they are changing their clothes or come in to their rooms with demands for sexual pleasure, it’s all wrong. Some employers even intimate to the domestic worker that the son can “bruk him ducks” with her and that she will benefit. This is psychological harassment and voyeurism under the law.

So much worse has been shared by domestic workers, but those actions fall squarely under the Sexual Offences Act. Too often it goes unreported. Domestic workers just leave the job. I hope with this new law it prevents the slippery slope from moving from sexual harassment to the violence of sexual offence.

JUSTICE FOR DOMESTIC WORKERS

The new law places a greater responsibility on employers to create a workplace free from sexual harassment. Employers must now take all reasonable measures to prevent sexual harassment among their workers. The process of hearing and addressing complaints of sexual harassment is well defined for formal workplaces and institutions under the new law. They are mandated to create a complaint/grievance procedures or committee to handle reports of sexual harassment from employees. Where matters cannot be addressed internally in the company, they can turn to the newly established Sexual Harassment Tribunal.

While the Sexual Harassment Law does recognise domestic workers, there is no clear process as to how domestic workers can access protection and justice in Jamaica. As the employer is often the harasser in the case with domestic workers, this must be thought through effectively. Recognizing this gap, the government is currently defining the process to support domestic workers accordingly. Grenada and Barbados with their Sexual Harassment laws that also protect domestic workers can serve as useful examples.

The Sexual Harassment Tribunal can play a crucial role in this instance. The Tribunal can be structured to receive, hear, and address sexual harassment complaints directly from domestic workers and other employees in informal workplaces. There must be effective structures set up to hear from the accused and the accuser given the power dynamics involved in these employer-employee relationships. It is critical too that the timelines stipulated in law that relates to the formal office workplace for hearings and resolutions also be applied to the matters with domestic workers. Once the domestic worker finds the courage to make a complaint, they will be out of that job with no income, so timeliness is important. It is essential that this tribunal operates in an accessible manner, making it easy for domestic workers to engage with the process. Too often government processes are intimidating, slow and cumbersome.

Speaking out about sexual harassment in a formal workplace is already challenging. It becomes even more daunting when the harasser is your employer within a household, especially when the prevailing culture tends to favour employers over domestic workers. I have faith that the Jamaica Household Workers Union will remain vigilant and supportive of their members and the wider community of domestic workers, ensuring that complaints are addressed in a timely and effective manner by the Sexual Harassment Tribunal. They are committed to continuing their efforts to aggressively educate domestic workers on the laws and offer support through their 24-hour hotline number 876-377-7567.

As Jamaica proceeds with the implementation of this law, it can serve as an example for other Caribbean countries to follow and improve upon. For instance, when crafting their versions of the Sexual Harassment Law, other countries can include a provision requiring all employed domestic workers to have a contract with their employer that includes a zero-tolerance statement on violence and harassment in the workplace. Such a contract would also establish the basis for including other crucial elements of job descriptions and benefits like paid vacation days, paid sick leave, employer contributions to the National Insurance Scheme, and more. This new law can pave the way for accessing benefits provided to domestic workers under other laws, such as the National Insurance Act.

Let’s ensure that the Sexual Harassment Law works for everyone in all types of workplaces.

Imani Duncan-Price is the Caribbean coordinator for International Domestic Workers Federation; affordable housing developer and former Senator. Send feedback to columns@gleanerjm.com and imaniduncan@gmail.com.