DEFENCES TO CLAIMS ON SEXUAL HARASSMENT IN THE WORKPLACE

Abstract

Sexual harassment has been a persistent challenge in the workplace in Nigeria. As
a result of this challenge, employers are faced with several claims through litigation
and, consequently, may be held liable. Employers face legal, ethical and workrelated problems resulting from sexual harassment in the workplace. Depending on
the form it takes, sexual harassment violates the right and integrity of an employee
or the victim. In sexual harassment claims, several options are available to the
employer in defending against any allegations and applying measures to prevent
sexual harassment in the workplace. This article sets to explore the defences
available to an employer on Claims of Sexual harassment in the workplace. The
application of the defences is based on the nature and form of sexual harassment
and the steps taken by the victim to complain. It concluded by stating that an
employer is not liable for every claim of sexual harassment in the workplace.
Further, it recommended that employers need to make a sexual harassment policy
part of the terms of employment. Employers need to have an internal investigative
panel on sexual harassment, by having several mechanisms on reporting sexual
harassment cases and engaging the workers in regular training on the avoidance
and prevention of sexual harassment in the workplace.