What Counts as Workplace Harassment?

In Nigeria, the workplace should be a space of productivity, respect, and growth. Yet, for far too many employees, it becomes a source of dread and discomfort due to unwelcome behaviour. If you are experiencing intimidation or aggression at work, you’re not alone, and it’s vital to understand your rights. Understanding what counts as workplace harassment is the first step towards protecting yourself and fostering a healthier professional environment.

Workplace harassment isn’t just about isolated rude comments or a one-off disagreement. It’s typically defined as unwelcome verbal, physical, or psychological conduct that humiliates, offends, or creates a hostile, intimidating, or offensive work environment. Such behaviour undermines an employee’s dignity and can severely impact their well-being, job performance, and career trajectory. It’s a serious issue that demands attention and action.

Understanding the Different Forms of Workplace Harassment

Harassment can manifest in various ways, and it’s important to recognise these different forms to identify when your rights are being violated.

Sexual Harassment

This is perhaps one of the most recognised forms of harassment. Sexual harassment involves unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature. This could include:

• Unwanted touching, hugging, or kissing.
• Leering, suggestive gestures, or inappropriate staring.
• Sending or displaying sexually explicit images, emails, or messages.
• Making offensive sexual jokes, comments, or propositions.
• “Quid pro quo” harassment, where employment benefits (like promotions or raises) are offered in exchange for sexual favours, or threats of negative consequences are made if favours are refused.

Bullying and Psychological Harassment

This category involves repeated, unreasonable behaviour directed towards an employee or a group of employees, which creates a risk to health and safety. It’s often about power and control. Examples include:

• Verbal abuse, insults, or yelling.
• Constant unfair criticism or belittling remarks.
• Spreading false rumours or malicious gossip.
• Excluding someone from important meetings or communication.
• Assigning impossible deadlines or excessive workloads with the intent to undermine.
• Undermining work, deliberately withholding information, or blocking opportunities.

Discrimination-Based Harassment

Harassment often intersects with discrimination. This occurs when an employee is subjected to unwelcome conduct because of their race, tribe, religion, gender, age, disability, marital status, or any other protected characteristic. While Nigeria’s legal framework for discrimination can be complex, general principles of fairness and human dignity apply. This type of harassment might involve:

• Offensive jokes, slurs, or stereotypes targeting a specific group.
• Displaying offensive materials related to a protected characteristic.
• Treating someone differently or poorly based on their background.

Online and Cyberbullying Harassment

In our increasingly digital world, harassment isn’t limited to physical spaces. Online harassment includes:

• Sending intimidating or offensive emails or messages.
• Posting derogatory comments about a colleague on social media.
• Sharing private information or photos without consent.

What Generally Does NOT Count as Workplace Harassment

It’s also important to distinguish harassment from legitimate workplace interactions. Not every unpleasant interaction constitutes harassment. For instance:

• Legitimate Performance Management: Your employer or manager has the right to set performance standards, provide constructive criticism, and manage your work, even if it’s challenging.
• Isolated Incidents: A single, minor offensive comment or an isolated disagreement, while perhaps unprofessional, may not meet the threshold of repeated, severe, or pervasive conduct that defines harassment.
• Reasonable Directions: Your employer can give you reasonable instructions about your job and enforce workplace policies.

The key elements are often whether the conduct is unwelcome, repeated (or severe enough if a single incident), and creates an objectively hostile work environment.

Your Rights and Taking Action in Nigeria

While Nigeria may not have a single comprehensive “Workplace Harassment Act,” various laws, common law principles, and international labour standards protect employees. Employers generally have a duty to provide a safe working environment. If you are experiencing harassment, consider these practical steps:

1. Document Everything

Keep a detailed record of every incident. Note the date, time, location, what happened, who was involved (harasser and witnesses), and how it made you feel. Save any relevant emails, messages, or documents. This documentation is crucial evidence.

2. Communicate Clearly (If Safe)

If you feel safe and comfortable, tell the harasser directly and clearly that their behaviour is unwelcome and needs to stop. Sometimes, people are unaware their actions are offensive, though this does not excuse the behaviour.

3. Follow Internal Company Policy

Many organisations have internal policies and procedures for reporting harassment. Report the incident to your Human Resources department, your immediate supervisor (if they are not the harasser), or a higher-level manager. Do this in writing if possible, and keep a copy of your report.

4. Seek External Professional Advice

If your company has no policy, if internal reporting mechanisms fail, or if you fear retaliation, it is crucial to seek legal advice from a qualified professional. A legal expert can help you understand your rights, assess the strength of your case, and guide you on the best course of action, which may include formal complaints or legal proceedings.

No one should have to endure workplace harassment. A safe and respectful workplace is not a luxury; it’s a fundamental right that contributes to both individual well-being and national productivity. Standing up against harassment is not just for your benefit, but for the benefit of all employees and the integrity of the professional environment in Nigeria.

If you believe you are experiencing workplace harassment and need to understand your options, reaching out for expert legal guidance can make all the difference. We are here to listen and provide the support you need.

Start a workplace harassment case review.