To qualify as a hostile work environment, the conduct must not only be offensive to the employee, but also to a reasonable person in the same circumstances. Renowned Bahraini lawyer Saad Al Doseri of Al Doseri Law shares his thoughts on the topic “The law covers the legal aspect of such an offence at the workplace. However, the law did not define what sexual harassment is. Though, it does state that sexual harassment can be through a gesture, verbal (eg. conversation, written communications), physical conduct, or any other means. Since the ways in which sexual harassment is committed cannot be limited, the law has kept the means of committing such an offence open-ended by stating any other means. The common understanding of sexual harassment changes from time to time and is subject to the culture of a country, its people and environment. Therefore, the law avoids defining sexual harassment, allowing the courts to apply the current common understanding. From my experience, I have witnessed many incidents and guided some clients on how to deal with such behaviour. For instance, I recall a female employee who resigned from her new job due to male co-workers who made her work experience extremely difficult, although there was no physical contact. The harassment included side talks about her personal life, trying to speak with her after working hours, prolonged staring and insisting on one-to-one meetings, whether necessary or not. Tolerating such behaviour for any reason, even to maintain the job, will likely encourage the offender and others to continue and be more aggressive. It could be challenging to deal with such an issue in small and mid-size organisations. There is no room to transfer from one department to another since there are all on the same premises. In larger organisations, usually, there would be policies in place and proper internal systems to protect the employees. Therefore, practical guidance and steps would depend on the workplace, individuals involved and the circumstances.” Do you believe that you have been subjected to sexual harassment in the workplace? Here’s what you should do: 1. Take action at once! At the earliest opportunity verbally, yet firmly, tell the perpetrator to stop. 2. If the instances of harassment do not stop, avoid situations of sole contact and stay with other people always. 3. Do not respond to informal communications like texts and block the perpetrator. 4. Report any inappropriate behaviour as soon as it surfaces repeatedly. 5. Start a detailed journal/diary of each incident detailing the date, time, witnesses, what happened, location and as many other details as possible. 6. Use your wearable technology or phone – remember you will have to prove that the harassment has taken place so gather as much evidence as possible. 7. Write down witnesses and their details. 8. Talk to colleagues discreetly and see if any other staff have been harassed and make careful notes of conversations for evidential purposes. 9. Consider approaching a local lawyer who can grasp the circumstances quickly and act on your behalf discreetly but assertively – not necessarily formally. JUST REMEMBER TO BE FEARLESS AND TAKE ACTION! www.bahrainthismonth.com October 2022 45 opinion
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