Equality commission: Employers must protect workers against sexual harassment

The National Commission for the Promotion of Equality (NCPE) has stated that employers are bound to take action against employees who are found to have engaged in sexual misconduct, regardless of pending court proceedings.

In a statement on Monday, the NCPE said public and private employers have a legal duty to protect their employees from sexual harassment, especially following internal investigations which confirm the abuse.

Last week, ADPD was among those outraged following the reinstatement of Clint Axisa by Transport Malta following his suspension after he was accused of sexually harassing employees.

The NCPE noted: “Employers cannot simply leave the matter up to the Courts and refrain from taking action to protect the safety and wellbeing of their employees.”

The commission quoted the law regarding the matter, which states that “persons responsible for any work place [...] shall not permit other persons who have a right to be present in, or to avail themselves of any facility, goods or service provided at that place, to suffer sexual harassment at that place.”

The NCPE reminded that sexual harassment is a form of gender-based violence and that the crime often goes heavily unreported due to fear of retaliation by the perpetrator.

The commission appealed to employers to take sexual harassment seriously while pro-actively showing that they are willing to protect their employees.

“Failure to do so will not only endanger their employees but also discourage other persons experiencing sexual harassment from coming forward and reporting their case,” the NCPE concluded.