‘We cannot speak out’

At least two employees who say they were victims of sexual harassment at the Cannabis Licensing Authority (CLA) are challenging assertions made last month by the entity that it has been responsive to troubling findings in an internal survey done in 2022.

“I see what they are saying, but I know what I am experiencing,” said one of the employees, who spoke to The Sunday Gleaner over the last month on condition of anonymity for fear of victimisation.

“It is not enough to send emails with documents and post flyers. If I don’t feel confident enough, which I don’t, to report that I am suffering, then it means something is wrong with the environment and the leadership.”

The employee alleges being touched inappropriately and having to withstand verbal assaults from “some people in management”.

“You cannot speak out. It’s hard enough to get a contract renewed at that place. Imagine if I should report on some of the favoured ones!” said the second employee, who said her experience involved being touched on her breast and bottom, the subject of “offensive sexual jokes”, and being disrespected for refusing to engage.

The second employee said she was among the cohort of 22 per cent of the staff who indicated that they experienced sexual harassment at the agency in the staff satisfaction survey which has been obtained by The Sunday Gleaner.

The state agency, which started operations in 2016, regulates the ganja and hemp industry. It currently employs 65 persons.

Some 57 of the agency’s then-60 employees were targeted for the survey done by the Consumer Affairs Commission between August 29 and September 14, 2022. The final sample size ended at 50.

Some 58 per cent of the staff were female and 48 per cent were aged 26 to 35 years old.

The majority (76%) of the participants, more than 45, indicated that they did not experience any sexual harassment, physical harassment or verbal harassment.

However, 22 per cent, or at least 13 of the workers, said they endured sexual harassment. Four per cent reported that they were victims of physical harassment, while 34 per cent reportedly experienced verbal harassment.

A majority also indicated that they did not know of any employee at the CLA who was harassed.

Some 32 per cent said they knew of someone who was sexually harassed, four per cent knew of people being physically harassed, and 40 per cent said they knew someone who was verbally harassed.

THEY WERE NOT SATISFIED

Of those who indicated “yes” to experiencing or knowing anyone who experienced harassment at the CLA, the majority (sexual harassment (75%), physical harassment (100%), and verbal harassment (89.5%)) said that they were not satisfied with how the matter was handled.

The CLA has defended its response to the findings, noting that it is “committed to providing a safe working environment for all its employees; an environment that is free from harassment and discrimination on any grounds, including sexual harassment”.

The agency said prior to the survey, a webinar on how to identify sexual harassment was promoted internally.

The survey results were “perused in depth” by the senior management team and the Christopher McPherson-led board and several responses crafted, it said.

Those included the implementation of an internal education campaign and a sexual harassment prevention workshop for staff in July 2023 to familiarise staff with the sexual harassment law. It said material on the subject were printed and posted in common areas of the CLA.

The authority said a draft sexual harassment policy was commissioned by the board and will be ready in time for the national deadline of June 30.

In response to the finding that most of the affected persons were not satisfied with the agency’s treatment of the reports, the CLA pointed to its campaigns while noting that “there were no formal reports lodged after the 2022 survey”.

It did not provide any data sought on the number of reports received each year since it was established in 2015, and the nature of the complaints, among other things.

“Reports of abuse and harassment, if submitted, are confidential,” it said.

“The CLA has a robust [Human Resources] Unit which adheres to GOJ (Government of Jamaica) policies, procedures and guidelines,” the agency added in a May 10 response to The Sunday Gleaner.

JUNE 30 DEADLINE FOR WORKPLACE POLICIES

Details about the situation at the CLA come as the June 30 deadline draws near for public and private institutions to comply with the Sexual Harassment Act, 2021 by implementing a sexual harassment policy and other processes to deal with complaints.

The law defines sexual harassment as “the making of any unwelcome sexual advance towards a person, by another person, which is regarded as offensive or humiliating by the person towards whom the sexual advance is made or has the effect of interfering with the work performance of the person to whom the sexual advance is made; or creating an intimidating, offensive or a hostile work environment”.

The legislation is anchored at the Bureau of Gender Affairs at the Ministry of Culture, Gender, Entertainment and Sport, which said for the 12-month period ending March 2024, it supported approximately 100 organisations in developing their sexual harassment workplace policies and held sensitisation sessions with approximately 2,203 participants, of which 810 were males.

The law also requires a Sexual Harassment Tribunal to be established to deal with complaints and issue sanctions including ordering compensation to victims or reinstatement of a person to their job.

That tribunal is not yet in place.

Members have been selected but they are going through a fit-and-proper vetting at the national security ministry, according to a statement from Sharon Coburn Robinson, principal director of gender affairs at the Bureau of Gender Affairs.

Meanwhile, the ministry says a Sexual Harassment Investigation Unit with 18 employees has been established to respond to complaints.

Since the sexual harassment law came into operation, the ministry said it has received approximately 10 complaints.

“This figure also encapsulates complaints received directly from complainants as well as from organisations who are seeking help in dealing with the matter. Predominantly, the reports are from females in the workplace setting, majority of which are from the private sector,” said Coburn Robinson.

Experts have long noted that the culture of shame and fear of victimisation has contributed to the underreporting of harassment, especially by women.

President of the Jamaica Employers’ Federation Wayne Chen has called on the gender ministry to extend the June 30 deadline for policies to be implemented by institutions.

“Most large organisations already have sexual harassment policies in place or will be ready by the June 30th deadline. However, we found among the smaller enterprises, those with 25 employees and fewer, many, many, won’t be ready,” he said, proposing a three-month extension.

The federation comprises more than 200 members, with small enterprises accounting for about half.

Among the public entities that have indicated their implementation of a sexual harassment policy is the Jamaica Defence Force (JDF), which said its 2018 policy has been revised in line with the sexual harassment law.

It said the policy has been included in its Force Orders, which means that a member of the force can be charged under the Defence Act for any breach.

The force’s approach to sexual harassment has faced increased scrutiny in recent years with a number of officials forced to resign over allegations of sexual harassment.

“We have also embarked on the development of a programme of comprehensive sexual harassment and assault prevention training. All participants, staff, and personnel will undergo mandatory training on recognising, preventing, and responding to sexual harassment and assault,” the JDF said in a May 13 statement to The Sunday Gleaner.

It added: “Every report undergoes a meticulous investigation process. Subsequently, in accordance with the Defence Act, appropriate disciplinary measures, to include immediate dismissal, are instituted based on the outcome of the investigation.”

The Jamaica Constabulary Force (JCF) has not responded to questions on its efforts so far.

It has a policy and standard operating procedures for the management of sexual harassment in the force, which was published in a 2022 Force Orders publication, highlighting it for “strict compliance”. That was a revision of guidelines published in 2016.

A 2018 publication of the JCF’s Force Orders made it clear that “sexual harassment occurs in the Jamaica Constabulary Force in the form of unwanted physical contact such as actual touching, fondling, pinching, ‘cornering or trapping’ by leaning over a worker”.

It also said: “Numerous complaints have been received from some of our members of sexual harassment by senior officers.”

jovan.johnson@gleanerjm.com