Sexual Harassment

For Employers: Sexual Harassment in Uganda, Can an Employee be Sexually Harassed?

What is sexual harassment?

It refers to intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors.

How can an employee be sexually harassed?

An employee is sexually harassed if that employee’s employer, or a representative of that employer:

(a) Directly  or  indirectly  makes  a  request  of  that  employee  for  sexual intercourse, sexual contact or any other form of sexual activity that contains:

i. an implied or express  promise  of  preferential  treatment  in employment;

ii. an implied or express threat of detrimental treatment in employment;

iii. an implied or express threat about the present or future employment status of the employee.

(b) Uses language whether written or spoken of a sexual nature.

(c) Directly  or  indirectly  makes  a  request  of  that  employee  for  sexual intercourse, or sexual intimacy.

(d) Uses visual material of a sexual nature.

(e) Shows physical behaviour of a sexual nature which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that, either by its nature or through repetition, has a detrimental effect on that employee’s employment, job performance, or job satisfaction.

What should an employee do when sexually harassed?

The employee can lodge a complaint with a labour officer and the labour officer shall have the power to make all of the orders he or she could have made if the complaint was about an unjustified disciplinary penalty or unjustified dismissal.

What is the employer expected to do?

Every employer who employs more than twenty five employees is required to have in place measures to prevent sexual harassment occurring at their workplace.

It refers to intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors.

How can an employee be sexually harassed?

An employee is sexually harassed if that employee’s employer, or a representative of that employer:

(a) Directly  or  indirectly  makes  a  request  of  that  employee  for  sexual intercourse, sexual contact or any other form of sexual activity that contains:

i. an implied or express  promise  of  preferential  treatment  in employment;

ii. an implied or express threat of detrimental treatment in employment;

iii. an implied or express threat about the present or future employment status of the employee.

(b) Uses language whether written or spoken of a sexual nature.

(c) Directly  or  indirectly  makes  a  request  of  that  employee  for  sexual intercourse, or sexual intimacy.

(d) Uses visual material of a sexual nature.

(e) Shows physical behaviour of a sexual nature which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that, either by its nature or through repetition, has a detrimental effect on that employee’s employment, job performance, or job satisfaction.

What should an employee do when sexually harassed?

The employee can lodge a complaint with a labour officer and the labour officer shall have the power to make all of the orders he or she could have made if the complaint was about an unjustified disciplinary penalty or unjustified dismissal.

What is the employer expected to do?

Every employer who employs more than twenty five employees is required to have in place measures to prevent sexual harassment occurring at their workplace.

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