#MeToo in Sint Maarten
December 17, 2024Author: Suhendra Leon
In 2024 our office has noticed an increase in request for advice in cases of sexual harassment at the workplace. I suspect that sexual harassment is a matter of all time in companies, also in Sint Maarten. However, the increase of request for legal assistance in these matters highlights that employees are becoming more active in and less willing to accept and ignore sexual harassment. For employers, this means understanding how to manage these complaints properly while respecting the rights of both the person making the accusation and the person being accused. For employees this means checking if you do not cross lines of what is appropriate at work.
Under Sint Maarten law, sexual harassment at work is clearly defined in article 7:646 of the Civil Code. It includes any verbal, non-verbal, or physical behavior with a sexual connotation that damages someone’s dignity, especially when it creates a hostile or offensive environment. The law also covers actions linked to a person's gender that make the work environment threatening, humiliating, or degrading.
Sometimes, behavior that may seem harmless or culturally acceptable in the Caribbean may still not be appropriate at work, especially in conjunction with other behavior. For example, compliments about someone's appearance or casual comments like "You should smile more" and after a while asking the person on a date. Physical gestures like patting someone on the back or shoulder can also cross a line, even if they are meant as gestures of goodwill. It’s important for both employees and employers to be cognizant of what is and isn’t appropriate in the workplace.
Employers are required by article 7:611 of the Civil Code to ensure a workplace where employees are safe and feel safe. If an employer fails to handle a harassment complaint properly, there can be serious consequences, both legally and within the workplace. Not only could it lead to financial liabilities, but mishandling such complaints can create a negative work environment, leading to lower morale, high absenteeism, and high employee turnover.
When a harassment complaint is made, the employer’s first step should be to listen carefully to the employee’s concerns and document everything. A fair investigation should follow, giving the accused person an opportunity to explain their side. The process should be confidential and respectful of everyone involved. If harassment is confirmed, the employer must take appropriate action. This might include corrective training, a formal warning, or even more serious steps like termination if the situation warrants it. It is also essential that there is no retaliation against the person who made the complaint. If the accused is staying with the company, the employer should also make necessary efforts to restore a peaceful work environment for both accused and accuser within the company.
Preventing harassment before it happens is always the best strategy and an obligation in providing a safe work environment. Employers should establish clear policies on what constitutes harassment and make sure all employees are aware of these guidelines. Regular training sessions can help keep everyone on the same page. Additionally, fostering a respectful and inclusive work culture is key to preventing issues before they arise.
If you have read all the above, you know that BZSE has lawyers that have the experience and knowledge to offer you legal assistance in the drafting and implementation of Sexual Harassment Policies and in cases of sexual harassment.
Disclaimer:
The information provided in this blog is intended for general informational purposes only and does not address the specific facts and circumstances of your individual situation. It should not be construed as legal advice. BZSE strongly recommends that you seek personalized legal advice tailored to your unique circumstances before making any decisions or taking any action.
More articles →
Under Sint Maarten law, sexual harassment at work is clearly defined in article 7:646 of the Civil Code. It includes any verbal, non-verbal, or physical behavior with a sexual connotation that damages someone’s dignity, especially when it creates a hostile or offensive environment. The law also covers actions linked to a person's gender that make the work environment threatening, humiliating, or degrading.
Sometimes, behavior that may seem harmless or culturally acceptable in the Caribbean may still not be appropriate at work, especially in conjunction with other behavior. For example, compliments about someone's appearance or casual comments like "You should smile more" and after a while asking the person on a date. Physical gestures like patting someone on the back or shoulder can also cross a line, even if they are meant as gestures of goodwill. It’s important for both employees and employers to be cognizant of what is and isn’t appropriate in the workplace.
Employers are required by article 7:611 of the Civil Code to ensure a workplace where employees are safe and feel safe. If an employer fails to handle a harassment complaint properly, there can be serious consequences, both legally and within the workplace. Not only could it lead to financial liabilities, but mishandling such complaints can create a negative work environment, leading to lower morale, high absenteeism, and high employee turnover.
When a harassment complaint is made, the employer’s first step should be to listen carefully to the employee’s concerns and document everything. A fair investigation should follow, giving the accused person an opportunity to explain their side. The process should be confidential and respectful of everyone involved. If harassment is confirmed, the employer must take appropriate action. This might include corrective training, a formal warning, or even more serious steps like termination if the situation warrants it. It is also essential that there is no retaliation against the person who made the complaint. If the accused is staying with the company, the employer should also make necessary efforts to restore a peaceful work environment for both accused and accuser within the company.
Preventing harassment before it happens is always the best strategy and an obligation in providing a safe work environment. Employers should establish clear policies on what constitutes harassment and make sure all employees are aware of these guidelines. Regular training sessions can help keep everyone on the same page. Additionally, fostering a respectful and inclusive work culture is key to preventing issues before they arise.
If you have read all the above, you know that BZSE has lawyers that have the experience and knowledge to offer you legal assistance in the drafting and implementation of Sexual Harassment Policies and in cases of sexual harassment.
Disclaimer:
The information provided in this blog is intended for general informational purposes only and does not address the specific facts and circumstances of your individual situation. It should not be construed as legal advice. BZSE strongly recommends that you seek personalized legal advice tailored to your unique circumstances before making any decisions or taking any action.
More articles →
