MANAGING WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION: AN ASSESSMENT OF KENYAN WORKPLACE

Authors

  • Olayo Julius Ochieng PhD, CHRP-K A Certified Human Resource Professional and Lawyer
  • Lewis Waithaka Kamau Governance Expert

DOI:

https://doi.org/10.47604/ijlp.1376

Keywords:

Discrimination, Harassment, Retaliation, workplace Training, Laws.

Abstract

Purpose: This paper sought to examine whether workplace training in mitigating discrimination, harassment and retaliation has been effective.

Methodology: This study adopted exploratory research methodology. Exploratory research design is used to investigate a problem which is not clearly defined. It is conducted to have a better understanding of the existing problem, but will not provide conclusive results. It explored studies conducted on the topic. This means that the study relied on desk-top review of the existing studies and documented case laws.  Further, it relied on the cases laws. A narrative analysis was done and at this point the information was interpreted by comparing the findings with the findings of other empirical studies. This information was interpreted together with the "˜Stories within stories' and related to the existing literature

Findings: The results found that while workplace training increases sensitivity, it is associated with less accuracy in detecting discrimination, harassment, and retaliation. This is based on the fact that there are many cases on the matter before the courts. Further, the study shows that there is no relationship between training and the ability of the manager to propose the required response after the act.

Unique contribution to theory, practice and policy: The study recommends that there is need for organizations to develop action plans that will measure the effectiveness of trainings. There is need to regularly review policies to ensure that they are modern realities such as online harassment. Finally the study recommends amendment of the current employment Act to exclusively require that employers must conduct training on the issues.

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References

Arthur Jr. W and others, "˜Effectiveness of Training in Organizations: A Meta-Analysis of Design and Evaluation Features.' 234

Bank W, "˜World Development Report 2013: Jobs' (World Bank Publications 2012)

Bisom-Rapp S, "˜An Ounce of Prevention Is a Poor Substitute for a Pound of Cure: Confronting the Developing Jurisprudence of Education and Prevention in Employment Discrimination Law' (2000) 22 Berkeley Journal of Employment and Labor Law

Brown J, "˜Training Needs Assessment: A Must for Developing an Effective Training Program' (2002) 31 Public Personnel Management 569 <https://doi.org/10.1177/009102600203100412>

Chappell D and others, Violence at Work (International Labour Office 2006)

Cunningham JB, Strategic Human Resource Management in the Public Arena: A Managerial Perspective (Palgrave Macmillan 2016)

De Cooker C and Sciences IIA, Accountability, Investigation And Due Process in International Organizations (Martinus Nijhoff 2005)

Di Martino V and others, Preventing Violence and Harassment in the Workplace (European Foundation for the Improvement of Living and Working Conditions 2003)

Druckman D and others, Enhancing Organizational Performance (National Academies Press 1997)

Equality and Human Rights Commission, "˜Sexual Harassment and Harassment at Work' (2020)

Hayes DK and Ninemeier JD, Human Resources Management in the Hospitality Industry (Wiley 2009)

"˜ILO: Workplace Discrimination, a Picture of Hope and Concern' <https://www.ilo.org/global/publications/world-of-work-magazine/articles/WCMS_081324/lang--en/index.htm> accessed 22 August 2021

International Labour Organisation, Skills for a Greener Future (2019)

"˜International Labour Organization' <https://www.ilo.org/global/lang--en/index.htm> accessed 22 August 2021

Jr SHF, "˜Measuring Progress on Industrial Relations.' 7

Nations FAOU and others, "˜The State of Food Security and Nutrition in the World 2019: Safeguarding against Economic Slowdowns and Downturns' (FAO 2019)

Parpart JL and Connelly, M. Patricia, Barriteau VE, Theoretical Perspectives on Gender and Development (International Development Research Centre 2000)

Timmis H, "˜Jobs in Kenya: Opportunities and Challenges' [2018] K4D Helpdesk Report 17 <https://assets.publishing.service.gov.uk/>

Whitley BE and Kite ME, The Psychology of Prejudice and Discrimination (Wadsworth Cengage Learning 2010)

Majrowski v Guy's and St Thomas's NHS Trust [2006] 3 WLR 125

Meritor Savings Bank, FSB v Vinson, 477 US 57 (1986)

Ol Pejeta Ranching Limited v David Wanjau Muhoro [2017] eKLR

Teachers Service Commission v WJ & 5 others [2020] eKLR

Convention Concerning Discrimination in Respect of Employment and Occupation, 1958.

Employment Act No. 11 of 2007.

The Constitution of Kenya 2010.

Violence and Harassment Convention, 2019 (C-190).

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Published

2021-09-16

How to Cite

Ochieng, O., & Kamau, L. . (2021). MANAGING WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION: AN ASSESSMENT OF KENYAN WORKPLACE. International Journal of Law and Policy, 6(1), 15 – 27. https://doi.org/10.47604/ijlp.1376

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Articles