So I became curious about the timeline for filing a claim for sexual harassment. Jamaica proposes 12 months. Is this an appropriate length of time? In this regard, the limitation period in other jurisdictions might provide a useful point of reflection.

Firstly, USA our immediate neighbour has a limitation period amounting to about 16 months. An employee must file claim within 180 days from last incident and a tribunal can extend this timeline to an additional 300 days.

Closer to home, in Barbados the limitation period is 3 months from the incident complained of. However, this timeline is not unusual as it is similar to the timeframe being used in the United Kingdom.

While New Zealand provides two distinct regimes for claims related to sexual harassment. If one proceeds under the labour laws then one must lodge complaint within 90 days of last incident. If complaint lodged under Human Rights Act, then the limitation period is 12 months.

Interestingly, Canada which had a 2 year statute of limitations on all civil matters including sexual harassment has amended their laws to eliminate limitation period for claims related to matters of a sexual nature inclusive of sexual harassment. Thus, no limitation period!

So why are limitation periods useful? Firstly, evidence degrades over time, thus the calculation is that the earlier people are prompted by limitation periods to deal with matters, the better the outcomes as the evidence will likely still be cogent.

Secondly, the idea of “peace and repose,” essentially, persons should not be at risk throughout their lives to being sued for transgressions. So if the aggrieved doesn’t act within a period of time the person likely subjected to such action is free to move on with their lives.

Thirdly, that any wrong should be dealt with in the period it arose as societal values and norms evolve over time. So in an earlier time, what constitutes sexual harassment might have been accepted as part of the culture. However 20 years on that behaviour is deemed unacceptable.

Based on different limitation periods in a few states and their laws, my own view is that the mechanism in bill for dealing with sexual harassment is insufficient to support limitation period of 12 months. Especially so in JA where sexual harassment is part of our sub-culture.

Personally, bill should be further reviewed:
1. Clearer articulation of what constitutes SH to include means of technology
2. Provision for other employees to lodge complaint where persons in workplace benefit from unfair opportunities due to sexual favours(coerced or otherwise).

3. In relation to requiring policy on SH, firms or companies with more than 5 employees should have yearly mandatory courses/training on sexual harassment to sensitize and educate people to change their sexually predatory behaviour, if it exists.

4. An opt out provision for employees who can then decide whether to pursue the matter at the administrative level or opt out to put the matter immediately before the courts as both a criminal and civil matter.

5. Also the mechanism for dealing with complaints of sexual harassment by the Labour Ministry needs to be reviewed to provide greater clarity, as well as to empower a specific authority with greater powers than what is there.

Finally, advocacy should be directed at ensuring that there are adequate provisions under the law to deal with SH as a criminal matter as opposed to an administrative and/or civil matter solely. Sexual harassment is also a violent form of sexual violence.