Sexual Harassment at Work: Why Legislation Alone Is Not Enough
In a recent interview, Me Mokshda Pertaub, lawyer, gender advocate and women's rights activist, shared insights on why addressing workplace sexual harassment requires more than legislation alone.
Sexual harassment in the workplace is often discussed as an issue of individual misconduct. Yet the reality is far more complex. Behind every reported case lies a broader culture and often a system that fails victims who choose to speak up.
In a recent interview Me Mokshda Pertaub, lawyer, gender advocate, and women's rights activist, shared insights on the problem of sexual harassment in the workplace. A recurring theme emerged: sexual harassment is not simply a workplace issue – it is part of a continuum of violence that often begins much earlier in life.
The Problem Starts Long Before Employment
According to Me Pertaub, many forms of harassment become normalized during adolescence. Behaviours that are later recognized as harassment or abuse are often dismissed as harmless, flattering, or simply "part of growing up."
This normalization creates an environment where warning signs are overlooked and coercive behaviour becomes accepted. By the time young adults enter the workforce, during internships or their first jobs, they may already have come to accept inappropriate conduct as part of life.
The Fear of Speaking Up
When workplace sexual harassment occurs, the victim may fear reporting because of the personal cost of speaking up. Me Pertaub pointed out that victims may be apprehensive what people will say, damage to their reputation, losing their job, or being labelled a troublemaker.
In a small society, where professional networks are tightly connected, these concerns can be particularly acute. Employees may believe, sometimes with good reason, that reporting harassment will ultimately hurt their own careers more than those of the perpetrator.
As Me Pertaub noted, many victims choose silence not because the harassment is insignificant, but because they cannot afford the consequences of reporting it.
Preventing Sexual Harassment Cannot Rely Solely on Legal Sanctions
One important finding from the interview is that Mauritius already has a relatively comprehensive legal framework addressing workplace sexual harassment.
Legal protections can be found in The Workers' Rights Act, The Equal Opportunities Act and in The Criminal Code. Under these provisions, sexual harassment is clearly prohibited, and employers can be held responsible if they fail to take reasonable steps to prevent or address it.
As Me Pertaub emphasised, legislation alone is however not sufficient for tackling the problem. Preventing sexual harassment cannot rely solely on legal sanctions. Effective prevention requires awareness creation and working on changing perceptions. The interview highlighted a critical point: Organizations must actively create workplace cultures where inappropriate behaviour is clearly unacceptable.
Why Awareness at Workplaces Matters
Many misconceptions still exist around what qualifies as harassment. Employees may recognize physical misconduct but fail to identify verbal abuse, coercion, unwanted comments, intimidation, or persistent unwelcome advances. Formal policies at workplace level may exist but if these stay on paper, they do not have the intended effect.
Me Pertaub emphasises that creating greater awareness is necessary and that this should involve mandatory training for all employees, as well as communicating a clear zero-tolerance policy with information available in for instance staff rooms, orientation materials and internal communication. Without education, harmful behaviours often go unchallenged. Awareness has to be there, all the time, stressed Me Pertaub.
Training every employee
Reaching every employee is key to addressing the problem of workplace sexual harassment, said Me Pertaub. Effective training interventions can create understanding about the problem while also acting as a deterrent by clearly showing what is not accepted at the workplace. The training would need to cover:
- What sexual harassment is
- How it manifests in workplace situations
- Reporting procedures
- Consequences for perpetrators
- Rights and protections available to victims
Protecting victims
Addressing sexual harassment also means protecting the victims. Organizations must ensure that complainants do not face retaliation, isolation, or career penalties after making a report. A workplace that punishes complainants sends a message to everyone else: stay silent.
One challenge identified during the interview is that many organizations rely entirely on HR departments to investigate complaints. Victims may feel uncomfortable reporting misconduct through channels perceived as aligned with management interests. Therefore, independent complaint mechanisms would be a measure that can improve trust, fairness, and transparency.
Moving Forward
Sexual harassment in the workplace is not inevitable. It is a social and organizational problem that can be addressed through education, accountability, and cultural change.
The legal framework may already exist, but legislation alone cannot protect employees if individuals do not have a clear understanding of their rights or what behaviour crosses the line, if organizations fail to enforce policies, and if victims continue to fear the consequences of speaking out. Moving forward requires creating awareness and conveying a clear message of no tolerance.
By Brita Backlund Rambaree
Based on an interview with Mauritian lawyer and women's rights advocate Me Pertaub, conducted as part of research on sexual harassment in the workplace.