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Saudi Arabia’s new anti-harassment Law went into effect on June 10, 2018 and makes it a criminal offence (punishable by a fine and/or imprisonment) for anyone to harass another by any statement, act, or signal of a sexual nature by whatever means, including the use of modern technology. There are steps employers may want to take in response to the new law to ensure compliance and avoid liability.
The law specifically requires employers in the public and private sectors to develop measures to combat harassment in the workplace by putting in place complaint mechanisms as well as raising awareness of harassment issues among employees and acceptable behaviours. In reality, this means employers are required to prepare compliant anti-harassment policies and train employees where applicable.
The law also requires employers to adequately enforce the rules and hold their employees accountable if they breach any provisions of the anti-harassment law.
The law permits the relevant authorities to impose penalties of imprisonment for up to 5 years and a fine of SAR 300,000 (USD 79,985: GBP 60,948: Euro 69,344) in cases of workplace harassment, both on the harasser and any accomplice to the harassment, which could arguably include an employer or manager who turned a “blind eye” to the harassment.
Comment
The anti-harassment law follows the lifting of the ban on women driving in Saudi Arabia and an increased expectation and hope that more women will enter the workforce. Employers may want to ensure that their anti-harassment policies and procedures are compliant with the anti-harassment law and make their staff aware of the measures that will be taken to combat harassment.
The anti-harassment law does not go so far as to say that employers will be held vicariously liable for the actions of employees; however, it is clear that employers will need to take disciplinary action against employees found to have committed harassment.
Written by Zahir Qayum of Al Tamimi & Co. and Roger James of Ogletree Deakins