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Dear Harold,
I am a married woman in a very uncomfortable position at work. Our new Chief Executive Officer has been making passes at me since he joined the organisation mid last year. He recently told me that he is attracted to me and would double my pay, increase allowances (house and commuter) and even move me to a higher job group if I give in to his advances. I told him I could not have an affair with him because I love my husband and children. He sarcastically told me love could not be eaten.
I am so disturbed by his incessant sexual advances that I no longer look forward to going to work, especially after he threatened to sack me over alleged insubordination. It is even surprising as he turned to me after making similar unfulfilled promises to a single colleague who gave in to his demands and is yet to be promoted. Can I sue him?
Brenda, Nairobi.
Dear Brenda,
Yes, you can sue your boss for this behaviour, as it amounts to sexual harassment, which is an offence under Section 23 of the Sexual Offences Act of 2006.
According to the law, any person in a position of authority who makes unwelcome sexual advances is guilty of sexual harassment. If found guilty, such a person is liable for imprisonment of at least three years, a fine of over Sh100,000 or both. You only have to prove that the incessant advances interfere with your work — either promotion or working environment. This, however, is not easy unless there are incessant short texts messages, documentary proof or an eye witness who has either seen or heard your boss making advances and can testify on the same in court.
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