I declined my boss's sexual overtures at a law firm; he's refused to approve my pupillage

Dear Vivian,

I am currently undergoing my pupillage at a prestigious law firm in Upper Hill, Nairobi. Unfortunately, my pupil master has been making unwelcome sexual advances, and despite my clear expression of disinterest, the situation persists. Shockingly, he is now threatening to sabotage my pupillage by refusing to sign crucial documents. This has left me deeply concerned about the potential impact on my ability to complete my pupillage. I'm seeking your guidance on whether there are legal avenues to address such harassment and safeguard my professional training.

Anonymous, Nairobi

Dear reader,

The legal profession is not spared from the scourge that is sexual harassment and bullying in the workplace. In Kenya, laws and regulations are in place to protect individuals from such misconduct. The Employment Act and the Sexual Offences Act are pertinent pieces of legislation that offer protection against sexual harassment in the workplace. There are, however, more specific policies such as the Sexual Harassment and Anti-Bullying Policy by the Law Society of Kenya that apply to those in the legal profession, including students.

The Sexual Offences Act criminalises any unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of a sexual nature. This includes situations where the implied or actual promise of preferential treatment or the threat of detrimental action is present, which seems to align with your unfortunate experience.

Your priority should be your safety and wellbeing. Document incidents, keep records of your communication with your pupil master and note down any witnesses or evidence that can support your case. In your specific context, it's worth checking if your law firm has established pupillage guidelines that include a complaints channel for scenarios such as yours. Many organisations have specific policies and procedures for addressing workplace harassment. You should, therefore, familiarise yourself with these guidelines.

Following the internal complaints procedure may offer a structured and effective way to address the issue within the firm. Should this not be possible, the Kenya School of Law has pupillage guidelines where complaints of that nature can be addressed. You may lodge your complaint by writing directly to the director of the school. The school then shall handle the complaints in accordance with the Complaints Handling Policy.

Remember, you have the right to a workplace free from harassment and taking a stand against such misconduct is not only an assertion of your rights but also a contribution to fostering a safer working environment for all. Seek support from colleagues, friends, or family and consider consulting with a legal professional who can guide you through the specific steps to address this issue.

In addition, if the situation becomes overwhelming, consider reaching out to support organisations or counsellors who specialise in workplace harassment issues. Many organisations provide confidential support services to individuals facing harassment and seeking such assistance can be instrumental in navigating through the emotional toll of such incidents.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).