April 16, 2008 — Sexual harassment in the workplace is against the law and should be reported, Acting Assistant Labor Commissioner Glen J. Smith told about 10 people assembled Wednesday at the Westin Resort and Villas for a workshop on the subject.
"Don't be hesitant to file a complaint," Smith said.
The workshop was sponsored by the St. John Community Crisis Center.
To start, Smith defined sexual harassment. Scenarios included unwelcome sexual advances, as well as requests for sexual favors when agreeing or rejecting the request affects employment, creates unreasonable interference with work performance or creates an intimidating, hostile or offensive work environment.
"You have the right to work in a hostile-free workplace," Smith said.
In his presentation, Smith outlined many situations that fall in the sexual-harassment category. They include something as simple as deliberate touching and whistling to commenting about a person's body in a sexual way. At the extreme end, they include viewing pornography and indecent exposure.
Smith pointed out that discussing the weekend's sexual exploits with a coworker within the hearing of another worker constitutes sexual harassment.
However, there is a fine line between a polite compliment and sexual harassment. Someone noting that a person looks nice is probably just making a compliment, Smith said.
While the territory has a law that covers workplaces that employ up to 15 people, Smith said the federal law takes over for workplaces that have more than 15 workers.
However, failure to file complaints or follow through after initial inquiries is endemic. People are afraid they'll lose their jobs, Smith said.
Smith showed a disturbing video that detailed the story of one young woman named Lorraine who worked as an office clerk. She was sexually assaulted by her boss, a man with a family and a hobby of raising dogs.
"The can be pillars of their community," said Community Crisis Center Director Shelley Williams.
When Lorraine files a complaint, she finds that some people prefer to stand behind her boss.
Veona Stevens, who works in Sen. Ronald Russell's legislative office, said women employees in his office are warned that they'll be propositioned by older men at the Legislature.
"Everyone knows it and is aware that it happens," she said.
Women are advised to just say no. Situations such as this one are cultural, and the only way to put an end to them is to "chip away" at it, Williams said.
Smith agreed that the "West Indian culture" accepts such behavior.
"In the Virgin Islands, there still seems to be some sort of lackadaisical attitude in the workplace," he said.
All employers need to provide information on sexual harassment to their employees, Smith said. Additionally, the employer must investigate all complaints.
Workers who want to report sexual harassment or employers who want the Labor Department to make similar presentations at their businesses should call 776-3700 on St. Thomas and 692-9686 on St. Croix.
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