In these Regulations, unless the context otherwise requires
"Act"
means the Employment Act, 2006 Act No. 6 of 2006;
"committee"
means the sexual harassment committee established in a work place;
"currency point"
is equivalent to twenty thousand shillings;
"harassment"
means verbal or physical abuse or behaviour that unreasonably interferes with work or creates an intimidating, hostile, or offensive work environment including intimidation;
"intimidation"
means physical or verbal abuse, or behaviour directed at isolating or humiliating an individual or a group or at preventing them from engaging in normal activities and includes-
(a)
degrading public tirades by a supervisor or colleague;
(b)
deliberate insults related to a person's personal or professional competence;
(c)
threatening or insulting comments, whether oral or written including by e-mail; and
(d)
deliberate desecration of religious or national symbols or both.
"retaliation"
means any unwarranted action against an employee or employer or any other person who may be involved in a sexual harassment complaint;
"sexual harassment in employment"
means-
(a)
a direct or implicit request to an employee for sexual intercourse, sexual contact or any other form of sexual activity that contains-
(i)
an implied or express promise of preferential treatment in employment;
(ii)
an implied or express threat of detrimental treatment in employment;
(iii)
an implied or express threat about the present or future employment status of the employee;
(b)
use of language whether written or spoken of a sexual nature such as unwelcome verbal advances, sexual oriented comments, request for sexual favours, jokes of a sexual nature, offensive flirtation or obscene expressions of sexual interest that are addressed directly to the person;
(c)
use of visual material of a sexual nature such as display of sexually suggestive pictures, objects or written materials or sexually suggestive gestures; and
(d)
showing physical behavior of a sexual nature such as unwanted and unwelcome touching, patting, pinching or any other unsolicited physical contact; which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that, either by its nature or though repletion, has a detrimental effect on that employee's employment, job performance or job satisfaction.
