Sexual Harassment

Building upon the findings of the Special Advisory Committee on Gender Violence in 2008, Cabinet issued a directive to conduct a comprehensive review of gender violence. This review was to be conducted by a committee established under the Portfolio of Legal Affairs, in collaboration with the then Ministry of Health and Human Services. Subsequently, the review was assigned to the Law Reform Commission (“the Commission”), which was tasked with addressing issues such as interpersonal and gender-based violence, incest, child abuse, and prostitution.

The Commission addressed these issues in stages, with this project focusing specifically on sexual harassment.

The Commission approached the examination as a legislative drafting project. In formulating its preliminary reform proposals, it drew from the Young Business and Professional Women’s Club Report on Sexual Harassment and Stalking and legislative precedents from several jurisdictions, including Australia, the Bahamas, Belize, California, Canada, and the United Kingdom.

The Commission produced a draft Sexual Harassment Bill, 2012, which was published for public consultation on 3rd August, 2012. The consultation period concluded on 27th September, 2012.

After analysing public input, the Commission submitted a Final Report, titled “Sexual Harassment”, to the Attorney General on 1st May, 2013, supported by a revised Sexual Harassment Bill, 2013.

The proposed Bill sought to address sexual harassment comprehensively by:

(i) defining sexual harassment and identifying the types of conduct that may constitute sexual harassment; 

(ii) requiring the formulation of policies dealing with sexual harassment conduct in a number of professional relationship settings;

(iii) providing for sexual harassment complaints to be made to the Gender Equality Tribunal; and

(iv) introducing protective remedies for victims or potential victims who have been or might be exposed to sexual harassment conduct within different interpersonal relationships.

The Final Report also recommended consequential amendments to the Gender Equality Law, 2011, to align definitions and expand the Gender Equality Tribunal’s functions.

The Anti-Sexual Harassment Act, 2025 was passed by Parliament on 6th February, 2025 and received assent on 18th February, 2025.

The Anti-Sexual Harassment Act, 2025 expands upon the Sexual Harassment Bill, 2013 in the following ways:

• expanded definition and scope of sexual harassment to include sexual advances, preferential treatment, indirect forms of conduct, and broader settings beyond employment;
• mandatory workplace policy obligations for every employer, with prescribed content and enforcement (versus more limited obligations in the 2013 Bill);
• creation of a robust tribunal and enforcement mechanism (the Anti-Sexual Harassment Tribunal) with powers to award compensation and enforce penalties;
• introduction of criminal sanctions (imprisonment, fines) for offenders and organisational non-compliance, rather than only civil liability;
• broader coverage of persons and settings including educational institutions, healthcare, public/professional relationships, in addition to employer-employee relationships;
• stronger procedural safeguards and deterrence including confidentiality protections, sanctions for false or vexatious complaints; and
• higher accountability for organisations, not just individuals, for failing to implement anti-harassment policies, with financial penalties, and reporting and investigation mechanisms.