Sexual harassment constitutes any unwelcome words or action of a sexual nature or based on sex which happens at the workplace thereby creating an intimidating and hostile work environment for the harassed and also for other peers who witness it. Sexual harassment is about power and intimidation and not sexual attraction. It is about exerting control over women in the workplace. Sexual harassment is a human rights abuse and a form of sex discrimination. Sex discrimination in employment means that the terms and conditions of the target’s employment are not equal to that of other employees, simply because of the target’s sex. Most often the submission to, or rejection of, sexual harassment affects a decision concerning the target’s employment status or conditions.
Although both women and men experience sexual harassment around the world, sexual harassment is a problem that particularly affects women. There might also be situations where the sexually offensive behaviours or demands are targeted at the same sex (a woman harassing a woman or a man harassing a man).
2.
What are the various forms of sexual harassment?
Some common forms of sexual harassment are-
Verbal sexual harrasment-
* derogatory comments of a sexual nature or based on gender
* sexual or gender-based jokes or teasing
* comments about clothing, personal behaviour, or a person's body
* requesting for sexual favors
* pressure for dates
* graphic descriptions of pornography
* obscene phone calls
* telling lies or spreading rumors about a person's personal or sex life
* turning work discussions to sexual topics
* making sounds like kissing, sighing(drawing deep breath), whistling or any other funny sounds which distract or embarrass others
Non verbal sexual harassment-
* staring
* sizing up a person’s body (looking up and down)
* derogatory gestures of a sexual nature
* sexually suggestive looks
* facial expressions of a sexual nature; winking, licking lips
Visual-
* presence of sexual visual material, such as posters, cartoons, drawings, calendars, pinups, pictures, computer programs of a sexual nature
* written material that is sexual in nature, such as notes or e-mail containing sexual comments
* knick-knacks and other objects of a sexual nature
Physical contact-
* Unwelcome, hugging, sexual touching or kissing.
* Unwelcome handshakes, prolonging the handshake more than is necessary, unnecessary squeezing or feeling up the hand while shaking.
* standing too close to or brushing up against another person, leaning over, invading a person's space
* patting, stroking, grabbing or pinching
* blocking someone's path with the purpose of making a sexual advance
* stalking
* rape or attempted rape
* actual or attempted sexual assault, or forced fondling
It is sexual harassment if a supervisor requests sexual favours from a junior in return for promotion or other benefits or threatens to sack for non-cooperation. It is also sexual harassment for a boss to make intrusive inquiries into the private lives of employees, or persistently ask them out. It is sexual harassment for a group of workers to joke and snigger amongst themselves about sexual conduct in an attempt to humiliate or embarrass another person.
The key word to defining sexual harassment is ‘unwelcome’. Different cultures or different people in the same culture have individual values. An act of handshake might be unwelcome for one person but not for another.
3.
How can sexual harassment at the workplace be addressed by the employer? Is it mandatory to do so in India?
As per Supreme court guidelines (Rajasthan State vs VISHAKHA 1997) it is mandatory for an employer to prevent and address sexual harassment at the workplace. Employer should know-
(a) First and foremost, acknowledge that it is your legal responsibility to provide safe working environment for women free from sexual harassment and discrimination and that you can be held liable if employees are sexually harassed.
(b) Know that sexual harassment can have a devastating effect upon the health, confidence, morale and performance of those affected by it. The anxiety and stress produced by sexual harassment commonly leads to those subjected to it taking time off work due to sickness, being less efficient at work, or leaving their job to seek work elsewhere.
(c) Understand the reasons why women remain silent about sexual harassment. An absence of complaints about sexual harassment does not necessarily mean an absence of sexual harassment. It may mean that the recipients of sexual harassment think that there is no point in complaining because:
* nothing will be done about it;
* it will be trivialised;
* the complainant will be subjected to ridicule, or
* they fear reprisals.
(d) Recognise the tangible and intangible expenses and losses organisations experience:
* Costly investigation and litigation
* Negative exposure and publicity
* Embarrassing depositions
* Increased absenteeism
* Lowered employee morale
* Reduced productivity
* Decreased efficiency
* Higher employee turnover
* Erosion of organisation’s brand name, goodwill and public image
* Negative impact on stock price
The best way to prevent sexual harassment is to adopt a comprehensive sexual harassment policy and form a committee against sexual harassment (CASH). The aim of the policy and the committee is to ensure that sexual harassment does not occur and, where it does occur, to ensure that adequate procedures are readily available to deal with the problem and prevent its recurrence.
Communicate Policy
Issue a strong policy from the top authority against sexual harassment taking a "zero tolerance" approach Make sure it gets out to all your employees either through the employee handbook or in memo form or with pay packets or with appointment letter. Have the employees sign it to acknowledging that they received and read the policy. The policy can also be posted in the workplace. If you have employees whose primary language is not English, have your sexual harassment policy translated or communicate to them in their primary language. Discuss the policy with all new employees Ensure that third-party such as suppliers and customers are aware of your sexual harassment policy. Review the policy with your employees on a regular basis.
Enforce Policy
Take complaints of sexual harassment seriously and investigate all sexual harassment charges quickly and thoroughly and professionally. Maintain accurate records of the investigation and the findings. Make sure employees who bring charges do not face retaliation. Ensure confidentiality and time bound response to complaints. Take immediate action when sexual harassment is discovered or suspected. Discipline appropriately any employee found to have engaged in sexual harassment Safeguard your employees from third-party work-related sexual harassment
Complaints Channel
Complaints Channels need to provide different routes that employees can take to file complaints; i.e., contacting the responsible authority for sexual harassment, a supervisor, calling a hotline, complaining through email, etc. Organisations need to focus on the plight of the average individual. A policy is useless unless people use it, and most research indicate that only a small fraction of employees ever say or do anything about harassing behaviour.
Informal methods of resolving complaints must be part of the complaints mechanism as 1. the objective is to end the harassing behaviour at the lowest possible level (which is the most cost effective, as well) 2. many complaints can be resolved effectively and positively through informal methods. Informal options act as a buffer or filter, save bad blood, prevent the office environment getting uncomfortable for all, if employees can be advised as to how to handle the situation before it gets out of hands. Platforms to resolve complaints or to stop harassing behaviour must be provided before the complaints escalate into full-blown, formal complaints. The Supreme Court guidelines impose an obligation on the employer to set up a Complaints Committee to deal with cases of harassment. Such a committee should: *be headed by a woman, *have half its members as women, *include a third-party representative from an NGO or any other agency conversant with the issue of sexual harassment (to prevent undue pressure from within the organisation with respect to any complaint).
Complaints Committee
Employers need to set up a redress mechanism/complaints committees as per Vishaka guidelines. First contact persons from within the Committee should be appointed who could try to resolve the complaint informally first before the complaint goes to the formal channels of complaints committee. The organisation needs to put down clearly, certain non-negotiables for the complaints committees for effective resolution of complaints.
Training
Take your employees with you. Educate them about the issue and promote a healthy discussion of the policy.
Sexual Harassment Awareness Training
The setting up of a complaints committee and an anti-sexual harassment policy lays a strong foundation for a sexual harassment free workplace. However, effective training programmes are essential to sensitise/train all staff members, men and women, to recognise sexual harassment, deal with it when it occurs and prevent it. The training programme is the best way to ensure proper understanding and implementation of your policy. It is the best forum to communicate to employees what behaviour is acceptable and what is not, in a non-threatening atmosphere of mutual learning. Training for the members of the Complaints Committee and others who are going to be instrumental in implementing the policy, is very essential. Their training should include a component of gender sensitisation, along with the procedures for taking complaints, and for enquiry, etc.
Conduct yearly meetings with your supervisors to review the sexual harassment policy, and to make sure that they understand that an employee does not need to suffer negative consequences in order to make a complaint of sexual harassment. Inform the supervisors that even mild to moderate sexual jokes or statements can create an atmosphere of hostility that will make some employees uncomfortable, and could lead to the creation of a hostile work environment.
Sexual harassment training for all employees should address perceptions and understanding of sexual harassment, impact of sexual harassment on individuals and workplace, understanding of the policy and complaints mechanism. The training for Complaints Committee should address, in addition to these, the procedures of investigation, skills necessary for enquiries, documenting the procedures.
Sensing Mechanisms
Setting up a mechanism does not mean that there is sexual harassment in your workplace. Prevention is always better than cure, and being pro-active always helps. Along with performance, change in employees' behaviour patterns also deserves employer's close scrutiny.
Conducting Surveys
Conducting time-to-time surveys is helpful to identify and prevent factors/situation leading to incidence of sexual harassment. The survey can be done anonymously and should be distributed with a copy of the company's sexual harassment policy. The survey can simply ask the employees (male and female) if they have experienced any form of sexual harassment during the past year. The survey also helps to show that the organisation is actively engaged in preventing and correcting sexual harassment.
Commitment from the Top
Commitment is shown through enforcement and action by the responsible authorities. Even the most comprehensive sexual harassment policies and procedures are bound to fail if a company does not enforce them quickly, consistently, and aggressively. To be effective, organisations must take sexual harassment seriously. They need to make certain that personnel responsible for enforcement conduct prompt, thorough and documented investigations of all complaints, even those that appear trivial. Organisations should take action that is reasonably calculated to end the harassment. Such action must be directed toward the harasser, and may include verbal warnings, written warnings, job transfers, suspension of employment, and, if necessary, termination.
Employers should also keep tabs on their supervisors. This can be accomplished by means of monthly meetings with higher management, unscheduled spot checks, or periodic sexual harassment training sessions with the implementing authorities.
Practices Consistent with Policies
Organisations must place just as much emphasis on reporting responsibilities and mechanisms as on the policy itself.
Setting a precedence - Even if the accused is a senior executive/ a partner/any other person who is an asset to the company, and brings in a lot of business, it is essential that he be punished if found guilty, as this sends out a strong message that the company will not tolerate any harassment by anyone. .
(Cited from Neeta Raymond Combat Law, Volume 2, Issue 3 August-September 2003 )
4.
How can PRIA assist an organisation/employer in addressing sexual harassment at the workplace?
Since 1998, PRIA has actively worked on the prevention of sexual harassment, firstly by forming a committee for self and then later on replicating the process in partners and other CSOs in the network. PRIA has also conducted gender audit processes for institutes to assess their gender sensitivity. PRIA provides capacity building programmes regarding gender mainstreaming in institutes, addressing sexual harassment at work place. PRIA can assist organisations in drafting their sexual harassment policies, setting up the committee, developing a TOR for the committee and building capacities of committee members. PRIA can also help in organising gender sensitisation programmes for your staff.
5.
What is gender mainstreaming?
Gender may be defined as the sociological differences between men and women, the means through which societies and cultures determine what is masculine or feminine and how power is allocated and used differently by men and women. Generally, these gender differences are worldwide discriminatory against women.
To achieve gender equity and equality, gender mainstreaming has been adopted as a worldwide strategy since Beijing Platform for Action (1995). Gender mainstreaming strategy aims to bring in both women’s as well as men’s concerns and experiences to the design, implementation, monitoring and evaluation of all legislation, policies and programmes. This is done with an intention that the benefits and impact are shared equally between men and women. In the development sector, gender mainstreaming can be broadly classified as a) External mainstreaming where in an organisation all its programmes and their components integrate gender analysis & b) internal gender mainstreaming- whereby an organisation mainstreams gender sensitivity in all the systems and structures which govern the working of the organisation itself. Based on the saying practice before you preach, gender mainstreaming at the workplace is a process which tries to eliminate discriminations on the basis of gender, provides both women and men equal opportunities, recognises the present burden of reproductive roles that women have and provides them privileges which helps them to adjust smoothly at the workplace.
