Sexual Harassment Bill
Overview
What is Sexual Harassment?
Sexual harassment is unwanted or unwelcomed behavior of a sexual nature that is offensive, humiliating, or intimidating; or that creates a hostile environment. This conduct can be verbal, physical or by gesticulation (offensive gestures). It may be subtle or direct; and can occur in-person/face –to-face, or electronically/online, in audio, digital images or written format. Anyone can experience sexual harassment, regardless of their gender, sex, social status, age or other personal characteristics.
What is the Sexual Harassment Bill?
The proposed Bill seeks to provide for the prevention of sexual harassment through a stand-alone piece of legislation. Stand-alone (unique) legislation means an entirely new law or number of laws created because existing legislation does not cover the full scope. This Bill, when it becomes an Act, will serve to aid victims and to ensure perpetrators are held accountable, as well as to generally address this societal problem.
Why is the Bill being put forward?
The Bill’s aim is to help prevent instances of sexual harassment in a number of settings, as well as to introduce a process to make a sexual harassment complaint, and lastly to provide legal remedies and relief in such cases.
Who does the Bill affect?
The Sexual Harassment Bill protects everyone living, visiting or working in the Cayman Islands.
Consequently it applies to employers, employees, volunteers, students, interns, clients, customers; members of qualifying bodies, associations, charitable/not-for-profit organizations; churches; individuals involved in the transaction of goods, services, facilities, real or personal property; landlords and tenants; and any third party to the aforementioned.
Where will the provisions and requirements of the Bill be applicable?
The Bill seeks to protect people by creating safe work spaces, anywhere services/goods are offered and received by segments of the public. This includes institutions (such as nursing homes, care homes, prison, medical facilities, schools and colleges); residential and business accommodations; facilities (such as any place providing financial services, recreation, entertainment, food, transport, care services, religious activities); among other places.
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.
When will the Bill come into effect?
The Bill is currently in the public consultation phase. Once it is finalised by the Cayman Islands Parliament and becomes legislation, an appropriate period to allow preparation by the affected entities will be allowed prior to its commencement date.
How can someone make a complaint?
The Bill contains specific requirements for a variety of entities, including employers, to put in place policies and procedures that will deter and address sexual harassment within their establishments.
Where such conduct is not adequately addressed within the entity/workplace/location (as the case may be), the affected person will have the option to file a complaint externally through a specified process outlined by the legislation, within eighteen months from the date of the alleged act(s) of sexual harassment. The complaint will be investigated by the Department of Labour. Thereafter, the matter may be reported to and subject to a hearing by the Gender Equality Tribunal, which will have the power to make a case determination/decision and legally binding order. A decision of a court or a tribunal is often called a 'judgment', 'case', 'determination' or 'finding'.
Characteristics of the Bill
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, 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.
How Your Information Will/Might Be Used
Feedback will be used to improve and clarify concepts, procedures or provisions of the Bill.
The public consultation process seeks to ensure that there is a high level of awareness and understanding of the rationale and aim of the legislation amongst the general public and the entities which will be impacted.
Frequently Asked Questions
Why is the Cayman Islands Government introducing a Sexual Harassment Bill?
Local anecdotal data and formal surveys from as far back as 2006 have indicated the pervasiveness of sexual harassment in this community. Unfortunately, while this is not uncommon in the Caribbean region or in the Global context, more efforts are needed to prevent and eliminate these incidences. Sexual harassment is discriminatory, is prohibited, is illegal and is a violation of a person’s rights. Historically the concept has been contained in other legislation; however this Sexual Harassment Bill 2023 as a stand-alone piece of legislation seeks to make available an explicit law and procedures to aid victims, ensure perpetrators are held accountable, and to generally address this societal problem which can limit a person’s ability to feel safe, secure, and productive while navigating their tasks and activities of daily life.
Who does the Sexual Harassment Bill affect?
The proposed Sexual Harassment Bill protects ALL persons living, visiting or working in the Cayman Islands.
What acts are considered Sexual Harassment?
The proposed Bill specifically defines actions which constitute sexual harassment. Some of these types of conduct are as follows:
i. making an unwelcome —
- sexual advance towards a person;
- request for sexual favours from a person;
- sexual comment to a person;
- sexual comment about a person within the person’s hearing;
- sexual gesture to a person;
- sexual contact with a person;
- sexual innuendos to a person;
ii. providing a person with unwelcome — sexual images or graphics; audio of a sexual nature;
iii. transmitting unwelcome electronic messages of a sexual nature to a person;
iv. exposing a third party to the conduct described above .
v. making it appear to the person seeking employment that the offer or terms of employment is contingent on that person’s acceptance of or submission to sexual advances from the prospective employer.
[Clause 3.(3)]
Which persons or entities does the proposed Bill apply to?
In particular, it places specific responsibilities on employers , employees, institutions (including educational institutions); members of qualifying bodies, associations, charitable/not for profit organisations ; employment agencies ; persons involved in the transaction of goods, services, facilities, real or personal property; landlords and tenants; and any third party to the aforementioned.
[Clauses 5 -17]
Are churches and charitable organisations exempt from having a policy for its employees or volunteers?
No.
Does the proposed Bill apply to “Street or Public” harassment?
No.
However, it prohibits a person offering a service/goods to members of the public to sexually harass a customer or client.
Does one incident count as Sexual Harassment?
Yes.
The prohibited conduct described in the Sexual Harassment Bill shall constitute sexual harassment irrespective of whether the conduct was committed on a single occasion, and regardless of the method used to commit the behavior. [Clause 3 (4) (a) & (b)]
A comprehensive Sexual Harassment Policy should state that all incidents of sexual harassment or inappropriate sexual conduct should be reported to the appropriate authority figure. That authority figure is responsible for intervention at the earliest opportunity and appropriately dealing with the matter, in the first instance.
Can’t I joke with my co-workers anymore?
Sexual harassment encompasses a wide range of inappropriate, unwelcomed, and unwanted conduct or acts. [Clause 3. (3) (a) – (i)] If the joke is of a sexual nature it can be considered sexual harassment. While it is possible that the person being accused of sexual harassment may have intended for their conduct to be taken as a joke, this is not enough to preclude them from impeding on the rights of another person to enjoy an environment that is free of sexual harassment.
Does the proposed Bill cover social media, digital/electronic methods of sexual harassment?
Yes.
Sending, transmitting or providing any unwelcome electronic messages with sexual content (sexual images or graphics; audio of a sexual nature) is prohibited. [Clause 3. (3) (b)]
Why does the relationship between the person alleging sexual harassment and the person who is alleged to have engaged in the act of sexual harassment matter?
Abuse is often a matter of power and control. The closeness of the relationship between victim and perpetrator, in addition to the differential level of power or authority between the persons, can affect: the likelihood of the number of instances of sexual abuse/harassment, the duration of the behaviour, the level of coercion necessary to gain compliance, and how long it takes the victim to report the behaviour. Consequently, all such circumstances would be taken into account during an investigation. [Clause 3 (2)]
Are employers of individuals (e.g Domestic Helpers, Caregivers, Landscapers, etc) also required to issue a Sexual Harassment Policy Statement?
Yes.
Every employer will be required to issue a policy statement to their employees, regardless of the number of employees. [Clause 4. (1)]
In these circumstances of household employment, who can an employee go to report their employer if they are subjected to sexual harassment?
The employee can submit their complaint to the Department of Labour & Pensions.
Is there a time period to make a complaint?
Yes.
The stipulated time period is within eighteen (18) months from the date of the alleged act of sexual harassment to which the complaint relates; or in the case of a series of acts, from the date of the last incident. However, the Tribunal has the discretion to accept a complaint made after the expiration of the eighteen month period under certain conditions. [Clause 20]
Will employers be provided with a policy template?
Yes.
The proposed Bill includes a Sexual Harassment policy template in its attached schedule that can be used and amended to suit the specific individual/entity.
Will the legislation come into effect immediately?
No.
An appropriate period to allow preparation will be allowed prior to a commencement date.
How will claims of Sexual Harassment be investigated?
Complaints will be investigated by Officers of the Department of Labour and Pensions. A report will be submitted to the Gender Equality Tribunal (GET) who will make a determination on the case. The GET is a quasi-judicial body which can conduct a hearing and make legal orders. [Clauses 20-24]
What are the penalties, and some of the orders which the Gender Equality Tribunal can make?
The findings of the Tribunal may stipulate that the complainant’s allegations are substantiated or unsubstantiated; or frivolous or vexatious.
Consequently, the Tribunal, may make any one or more of the following orders —
- that the respondent not repeat or continue the sexual harassment;
- that the respondent shall perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant;
- that the respondent shall pay damages to the complainant by way of compensation not exceeding twenty thousand dollars ($20,000) for any loss or damage suffered by reason of the conduct of the respondent;
- that where the complaint relates to sexual harassment by a fellow employee, that the employer shall take appropriate action to ensure that the sexual harassment ceases and to report to the Tribunal, within a specified time period, on the action taken;
- that the respondent pay the legal fees and any other costs of the complainant not exceeding ten thousand dollars ($10,000);
- that the complainant pay the costs incurred by the Tribunal and those of the respondent not exceeding ten thousand dollars if the Tribunal finds that the complainant’s actions are frivolous or vexatious;
- that it would be inappropriate for any further action to be taken in the matter; or
- any other order or declaration as may be appropriate having regard to all circumstances surrounding the complaint; or
- Dismiss the complaint.
[Clause 25 (2) & (3)]
What happens if the person/entity does not comply with the order of the Tribunal?
A person who fails to comply with an order of the Tribunal commits an offence and is liable on summary conviction to a fine of five thousand dollars ($5000) or imprisonment for a term of one (1) year or both.
[Clause 25 (5)]
Events
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Town Hall - George Town Public Library | George Town
From 15 Aug 2023 at 18:30 to 15 Aug 2023 at 19:30Public Consultation Meeting
Panelists:
- Ms. Karlene Bramwell,Senior Policy Analyst, Gender Affairs Unit
- Dr. Alexandra Bodden,Psychologist and Small Business Owner, Member – Business and Professional Women’s Club
- Ms. Lauren Knight, Deputy Chief Officer (Strategic Operations & Governance), Portfolio of the Civil Service -
Town Hall - East End Civic Centre | East End
From 23 Aug 2023 at 19:00 to 23 Aug 2023 at 20:00Public Consultation Meeting
* This schedule is to allow time for residents' commute to the eastern districts. -
Town Hall - Theoline L. McCoy Primary School Hall | Bodden Town
From 28 Aug 2023 at 18:30 to 28 Aug 2023 at 19:30Public Consultation Meeting
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Town Hall - Shirley Kidd Memorial Hall at Sir John A. Cumber Primary School | West Bay
From 30 Aug 2023 at 18:30 to 30 Aug 2023 at 19:30Public Consultation Meeting
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Town Hall - Aston Rutty Centre | Cayman Brac
From 4 Sep 2023 at 18:00 to 4 Sep 2023 at 19:00Public Consultation Meeting
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Town Hall - Craddock Ebanks Civic Centre | North Side
From 6 Sep 2023 at 19:00 to 6 Sep 2023 at 20:00Public Consultation Meeting
* This schedule is to allow time for residents' commute to the eastern districts.
Audiences
- Consultation
Interests
- Bill
- Public Consultation
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