Sexual Harassment (Protection and Prevention) Act, 2021

The Sexual Harassment (Protection and Prevention) Act, 2021 (the “Act”) went into effect on July 3, 2023. The Act provides a legal framework to prevent and address concerns about sexual harassment in the workplace, in the course of business transactions, and in daily interactions. The Act defines sexual harassment as “the making of any unwelcome sexual advances towards a person by another person” that is “(a) offensive or humiliating” to the harmed person, or “(b) has the effect of either disrupting the work performance of the harmed person, or creating an intimidating, offensive or hostile work environment.” The prohibition against sexual harassment applies in workplaces, schools, correctional institutions, places of safety, nursing homes, and medical and psychiatric facilities, The Act requires (1) employers and institutions to implement and enforce anti-sexual harassment policies and to protect victims of sexual harassment, and (2) the Jamaican government to establish a Sexual Harassment Tribunal (“the Tribunal”). The Tribunal is an independent body, part of the Ministry of Culture, Gender, Entertainment and Sport, designed to hear and resolve sexual harassment complaints. The Tribunal is authorized to hear formal complaints of sexual harassment, make legally binding decisions, issue monetary awards, and mandate corrective measures such as policy enforcement and staff training. The Tribunal is mandated to be composed of 14 appointed members, seven of which must be women. 

Topics

• Employment discrimination
• Sexual harassment

Geographical location

• Central America & the Caribbean
• Jamaica

Keywords

• sexual harassment in the workplace
• degrading treatment
• equal protection

Year

• 2023

External URL

• Sexual Harassment (Protection and Prevention) Act, 2021

Type

• Legislation

Jurisdiction

• Jamaica