Sexual Harassment at the Workplace – Labour Law Series (Part 6) The Law Behind the Hustle

 

 Sexual harassment in the workplace remains one of the most uncomfortable yet necessary conversations for employers, employees and MSME owners alike. Although often trivialized, misunderstood or dismissed entirely, sexual harassment is not only a moral issue, it is a legal one. The Labour Act, 2003 (Act 651) of Ghana explicitly prohibits any form of sexual harassment at the workplace and it places responsibility on both employers and employees to create a working environment that is respectful, safe and free from all forms of harassment.

According to the Labour Act, sexual harassment includes any unwelcome, offensive or inappropriate conduct of a sexual nature that creates an intimidating, hostile  or humiliating work environment for the person on the receiving end. This may manifest in several ways, such as unsolicited physical contact, suggestive comments, sexually charged jokes, inappropriate gestures, indecent exposure or any behavior that makes another employee feel uncomfortable, threatened or compromised. It also includes situations where job opportunities, promotions or favourable treatment are offered in exchange for sexual favours. The fact that the behaviour is “common,” “playful,” or “meant to be funny” does not take away its illegality when it is unwelcome or makes someone feel violated.
 
It is important to understand that sexual harassment is not limited to one gender. While women are statistically more affected, men too can be victims and this truth must be acknowledged without hesitation or shame. It can occur between colleagues at the same level, between an employer and an employee, or even from a client or customer. Regardless of who initiates it, what matters most is that the act is unwanted and makes the victim feel unsafe or disrespected in a space where they are supposed to earn a living.
 
From the employer’s perspective, whether you run a large company or a small business with just two employees, the law expects you to take active steps to prevent, identify and address any form of harassment in your workplace. Turning a blind eye to harassment, especially after a report has been made can result in serious legal consequences. Employers have a duty to investigate complaints thoroughly, take appropriate disciplinary action when necessar  and provide a reporting system that ensures confidentiality and protection from retaliation. Beyond that, employers should consider putting in place clear policies on workplace conduct, conducting regular staff training, and fostering a culture of accountability and respect.
 
Ultimately, addressing sexual harassment is not just about avoiding lawsuits, it is about building workplaces where people feel safe, respected and empowered to work with dignity. A single act of harassment, if left unchecked, can damage not only the well-being of the victim but also the integrity, reputation and long-term sustainability of the business. Every business owner, team leader, or manager, regardless of size or industry must understand that taking sexual harassment seriously is not optional. It is a legal obligation and a moral responsibility that must not be ignored.