Dinesh Divekar
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Archnahr
Consultant, Writer And Trainer
Swastik73
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Shyamali
Human Resources Director
Kamadana Pradeep
Hr Professional
Paladin
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Smitaverma
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Rebel
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Kusum
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Sirisha Reddy
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Swarup1973
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Anubhuti
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Jhsaxena
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E_Vinayak
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+1 Other

Dear All,

With the current global economic condition more and more women are entering the workforce. The World over has started framing policies to protect the sexual harassesment in Workplace.

Given below is an article on Sexual Harassment from US

Current Position in US

Sexual Harassment in the Workplace

Sexual harassment in the workplace is one of the most complicated areas of employment law. It is also one of the areas that has recently received the most press.

Below is a basic guide to sexual harassment in the workplace. Please note that sexual harassment in the workplace often goes hand-in-hand with other illegal acts, like gender discrimination. If you have a problem with sexual harassment in the workplace, you should think about what else might be going on as well.

The Guide Below Is for California & Federal Law.

The principles described here apply to both. However, there are some differences that could make a difference to individual cases. It should also be noted that the damages for sexual harassment in the workplace cases differ greatly between California and Federal law. See the damages section for a more detailed explanation.

Two Types of Sexual Harassment in the Workplace

There are two types of sexual harassment in the workplace, "quid-pro-quo" and "hostile environment"

The Hostile Environment will be explained in a separate section, although where there's one, there's often the other.

Quid-Pro-Quo Harassment

"Quid-pro-quo" is Latin for "this for that." It is a trade. When the trade is on the basis of sex, it is illegal.

This is the when the employer makes sex a prerequisite to getting something in the workplace. For example: " sleep with me and you'll get the job." That's illegal. This type of sexual harassment in the workplace is the "casting couch" cliché.

Quid-pro-quo can also include negatives. For example, "sleep with me or you're fired" is also illegal.

Who can sue?

Obviously, the woman who is fired because she wouldn't sleep with the boss can sue. But so can a woman who the boss didn't even want to sleep with.

Take for example a situation where the boss asks one of his assistants to sleep with him in exchange for a promotion. She does it and gets the promotion. Under the law, she has a claim, because her agreeing to his sexual demands was a condition of the promotion. She also has a claim if she refused and didn't get the promotion.

Now, if she was just having an affair with him because she wanted to, there is no claim.

What about the other assistants? Do they have a case because the other assistant got a promotion because she was sleeping with the boss, and they did not? Probably not. In California and in most states, there is no sexual harassment in the workplace or discrimination in the workplace claim because a lover got special treatment. However, if the boss made sexual demands which they refused, and that's why they didn't get the promotion or other benefits, they have a claim.

Consent & Offensive Conduct

What about the person who accepts the offer of advancement in exchange for sex. Can she sue? She can certainly sue - she either deserved the promotion or didn't deserve it; she shouldn't have been put in the position of considering whether or not to sell her body to get it. The problem is the idea of "consent".

Sexual harassment in the workplace must be unwelcome. If she was happy with the trade-off, she has a difficult case.

First, the conduct must be "offensive". If two employees have a good time exchanging sexual jokes, it would not be sexual harassment in the workplace.

If one employee kept telling another employee sexual jokes that the second employee found offensive, it would be sexual harassment in the workplace. If two employees dated and engaged in consensual sex, this would not be sexual harassment. If one of the two then wanted to terminate the relationship, and the other used the unequal relative terms and conditions of employment of the work place to further the relationship, this would be sexual harassment in the workplace.

Jokes, pictures, touching, leering, unwanted requests for a date have all been found by courts to be sexual harassment in the workplace. Sexual harassment in the workplace can be between people of the same sex. Sexual harassment in the workplace can be a woman harassing a man.

Who can sue?

Anyone who is offended by a sexually harassing environment may theoretically sue. However, that employee's offense must be reasonable. An extremely sensitive person might not be able to maintain a claim, because her feelings of having been offended were not reasonable.

The reasonableness is evaluated by a standard that is the same as a person in the victim's circumstances. For example, what a reasonable woman might think is a hostile environment is not necessarily the same as what a man might think is a hostile environment. If it's a woman who was harassed, it's the woman's point of view that counts.

Damages In Sexual Harassment In The Workplace Cases

Victims of sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees.

In India, fortunately or unfortunately many women has been misusing this Bill as also other Women Rights protection Bills to further their own agenda.

I have raised this topic with the veiw that most Companies in India have drafted a Policy against Sexual Harassment keeping women in mind and have always put more stress on the term Sexual.

We as HR professionals should draft the policy in such a way as to protect all employees iresspective of caste,creed,race, religion and gender. As rightly said by the protagonist in the film "Indecent Proposal", "sexual harassment has nothing to do with sex but who has the power"

I am asking for opinions,comments and inputs for all members in this regard, to review the situation in your Organisation and to stop reverse discrimination. It is this bais we should all look forward because in my last organisation I have seen one employee lose his job as he was framed by his boss a lady for not pursuing her line of dishonest action.

Your feedback will be highly appreciated.

Regards,

SC
From India, Thane

Dear All,

To suppoert my view that sexual harassment in based on women only please click the following link:

<link no longer exists - removed>

The text given below:

WORKPLACE WOES

As more and more women are going out to work, they face an increasing risk of being subjected to some sort of sexual harassment. This article will shed some light on what exactly sexual harassment means and what recourses does a victim have?

Sexual harassment at the workplace is not a new thing. Sixty per cent of working women have faced sexual harassment at some point of time in their working lives. For every woman who raises an outcry, there are hundreds of others who suffer in silence, quit their jobs or get transfers.

For years, sexual harassment was considered an inescapable part of a working woman's life. Now awareness is slowly rising that no woman should meekly accept sexual harassment as part of her lot.

What is sexual harassment?

What is the workplace?

Some of the well-known cases?

What are the guidelines that govern sexual harassment at the workplace?

How have the guidelines come about?

What is the employer's responsibility?

What can women do?

What is sexual harassment?

Sexual harassment is described as harassment in subtle ways, which may include sexual innuendoes, inappropriate sexual gestures and propositions for dates or sexual favours. In more blatant forms, such harassment may include leering, pinching, grabbing, hugging, patting, brushing against and touching.

The Supreme Court's guidelines describe physical contact or advances; demand or request for sexual favours; sexually coloured remarks and showing pornography as offensive conduct.

Sexual harassment becomes even more serious when the granting of sexual favours is made a term or condition of the individual's employment, when it interferes with the individual's work performance or it creates an intimidating or hostile work environment. The offensive conduct could be exhibited by a superior, a colleague, a subordinate or a client.

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What is the workplace?

The workplace is any area where the employee is required to represent, carry out, perform or implement any duties, obligations or services required. By this token, a home would be a workplace for a domestic maid. For a person engaged in a field job, the area that she covers in the course of her work represents her workplace.

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Some of the well-known cases

Sexual harassment at the workplace, as an issue, captured the collective consciousness of working women, following the Shehnaz Mudbhatkal case. This gutsy woman worked as a hostess for Saudi Arabian airlines. Her services with Saudi Arabian airlines were terminated because she refused to surrender to the sexual demands made by her superior. But Shehnaz would not give in. Filing suit, she fought for 11 years. In 1997, she was awarded full wages and continuity of services with effect from 1985. Sadly, the airlines appealed to Bombay High Court, which granted a stay.

However, this is not the only case of its kind. In 1994, Doordarshan (Hyderabad) producer Sailaja Suman took director P L Chawla to court on charges of defamation, criminal intimidation and trying to outrage her modesty. She filed two separate cases in the metropolitan magistrate's court. Unfortunately, Suman was transferred to Lucknow.

In another case, Nutan Sharma, a steno in the Union Ministry of Railways, was transferred, following her complaint that R P Sharma, secretary to the Chief Operating Manager, molested her.

Alisha Chinai's suit against music composer Anu Malik, demanding Rs. 26,60,000 as damages for sexual harassment, met with a similar fate. Malik filed a Rs. 2 crore defamation suit.

But the most well-known instance of a sexually harassed woman taking the help of the law to teach the harasser a lesson is that of Rupan Deol Bajaj. Bajaj was slapped on the bottom by the then DGP of Punjab, K P S Gill. Accusing him of indecent behaviour, Bajaj fought an 8-year legal battle. The hard work paid off. Gill was convicted and sentenced to three months RI.

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What are the guidelines that govern sexual harassment at the workplace?

Sexual harassment results in the violation of the fundamental right to "gender equality" and "the right to life and liberty" besides the right under Article 15 of the Constitution (which deals with the prohibition of discrimination on grounds of religion, race, caste, creed or sex).

Keeping these rights in mind, the Supreme Court has passed twelve guidelines that have the force of law. They were taken by a division bench as there was "an absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment at the workplace." These guidelines are to be observed until legislation is enacted.

Some of these guidelines are:

"It shall be the duty of the employer or other responsible persons in the workplace or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment."

"The employer should initiate action in accordance with the law by making a complaint with the appropriate authority. Victims should have an option to seek their own transfer or that of the perpetrator."

"A complaint mechanism should be created in the organisation. This complaint mechanism should ensure time-bound treatment of complaints. The complaints committee should be headed by a woman and not less than half of its members should be women. In order to prevent the possibility of undue pressure or influence from senior levels, a third party, especially a NGO familiar with sexual harassment, should be involved in the complaints committee."

"The committee must submit an annual report to the government. Employees must be allowed to raise the issue of sexual harassment at various fora."

The guidelines also provide for the initiation of criminal proceedings where sexual harassment is proved beyond doubt.

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How did the guidelines come about?

When Bhanwari Devi was gang-raped as a punishment for trying to stop child marriage, women's organisations filed a writ in the Supreme Court to intervene in the matter and take steps to discourage and penalise sexual harassment at the workplace. In the wake of this incident, the Supreme Court issued guidelines. The Bhanwari Devi case revealed the hazards to which a working woman is exposed and the depravity to which sexual harassment can stoop.

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What is the employer's responsibility?

The employer is responsible for creating appropriate working conditions for health, work, leisure and hygiene. When the victim complains to the employer, the onus is on the employer to make appropriate investigations. If the employer does not pay heed to the complaint, he can be held responsible. The employer must set up a complaint mechanism in each department of the company. The Supreme Court's guidelines are binding on Central and State governments and the private and public sector. If the employer does not comply, he has to face a writ petition for contempt of court.

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What can women do?

As women, we can make it easier for ourselves.

We must shed our mentality of tolerance. We have to stop telling ourselves that this kind of behaviour on the part of men is inevitable and unavoidable.

Express strong resistance the first time it occurs. If you allow the action to take place without expressing your strongest disapproval, the offender will assume that he has your consent.

Don't encourage males to behave unbecomingly with you or try to attract their undue attention. At all times, maintain your own self-respect.

Dress in a manner that befits a work environment.

In case someone behaves with you in a manner that makes you feel uncomfortable, protest loudly and at once. Let others know that such conduct has been meted out to you.

Keep safe distance from the offending party.

Register a First Information Report with the police station.

As more and more women join the workforce, the law must ensure that women are able to enjoy the rights promised to them by the Constitution. We must ensure that they are treated with dignity and assured of gender equality and that they are not discriminated against on account of their sex. Considering that until retirement, we spend a little less than two-thirds of our lives working, we must take pains to ensure that we spend it in a dignified and productive manner.

Regards,

SC
From India, Thane
Hi SC,
Your contribution is Great. Let the women folk react to this.
There is also another angle to it which is emotional harassment which is very dangerous. This kind of harassment is invisible but it creates a lot of impact on individuals. One cannot complain or share about this and this is like slow poisoning. Everything seems be sweet and sound, but emotionally it will take its toll. It cannot be identified and this is in practice against not only women but against all.
So friends, beware of emotional harrassment.
Regards,
PRADEEP
From India, Hyderabad
Swastik73:

Contrary to your post sexual harassment can be committed by anyone against anyone. Male to female is the most prevalent there are cases in the US, concerning female to male, as well as same-sex sexual harassment. (I speak from experience. I have been involved in resolving two cases.)

In most cases of "reverse sexual harassment" - female to male - the male is reluctant to report the episode in fear of being ridiculed by peers. (There was a movie several years ago, starring Michael Douglas, the premise of which was sexual harassment by the female.)

None the less, any conduct which disrupts the workplace ("hostile work environment"), or coerces employees for sexual favors for employment related considerations ("quid pro quo") is illegal in the US.



In addition, an employer is responsible for the conduct of employees, visitors and vendors. Depending on circumstances, employers can be liable for the actions of non-employees.

Sexual harassment is about power and control, not gender or employment status.

PALADIN
From United States,
India still goes by the dogma that man is always the author in sexual acts and a woman can not be. So equali jure in law is impossible. regards
From India, Delhi
Dear members,
We need to discuss this burning issues in different directions.
1) In which sector/industry, max cases??/
2) In which level(managerial, non-managerial, workers), max cases???
3) In which class/society, max cases???
4) who is more resonsible men or women???
5) In which condition, it comes to surface??/ need to be discussed.
6) wat precautionary measure to be adopted???
7) If happened, wat action is required???
Regards
Sidheshwar
From India, Bangalore
Dear Sid,
You are absolutely right. We should all frame a proper and equitable policy to counter this menace.
The theme should be the concept of "who has the power" instead of gender bais and sexual acts.
Regards,
SC
From India, Thane
Dear All, I havent seen some active female members giving their valuable inputs. Regards, SC
From India, Thane
:idea: Well, there is something to cheer about and that is the fact that people are waking up to the harsh truth of sexual exploitation in workplace and its serious repercussions. If the victim accuses his/her colleague/superior or others of indecent behavior, media knows what to do next. The guilty, no matter how much tries to save face ,comes into bad books of the public and it becomes virtually impossible to him/her to stay pecefully with glaring eyes surrounding him/her. Still lots need to be done to ensure work place safety. Strict rules and regulations and their ACTUAL IMPLEMENTATION is the solution.No matter how powerful the culprit is, warning must be issued and appropriate action taken in the event of such incidents.
From India, Mumbai
Why "let women folk react to this" is a question that must be answered on behalf of all the women. When the victim of sexual harrassment is a woman, she is not harrassed alone but her father, brother, husband too. It's a society constituted by males, females and eunuchs. I don't think that when an issue like sexual harrassment is raised, it should concern only women. It is a social, emotional, psychological and legal issue that must be confronted by one and all irrespective of gender.
From India, Mumbai
Well said Sonal...I totally agree with you, sexual harassment is not a topic to be discussed only by Women. As one of the members said it could be from Female to Male aswell. Chandini
From India, Bangalore
Do u know???? without consent of women no body(man) can dare to disturb women..........First green signal then RED signal leads to such cases. It is not true 100% but it is true 75%.
Regards
Sidheshwar
From India, Bangalore
Dear Sonal,

I am asking for female members to respond not because of the issue involved but I want a comprehensive discussion on the topic. Say whatever you want to say for or against, so that we as HR can create an optimum environment to eradicate this crime. Look I as a man while creating a policy may not be able to fully understand the women's point of view and vice versa. So, it is essential that women folks participate. This is not a debate but a discussion which we all should give our input and frame a policy and post it at this site, so that all HRs can implement and benefit not only now but also in the future.

Like I agree that you can often get ridculed if you speak out. Yes, this is one of the major drawbacks in arriving at the settlement, but the fear of ridiculed must be overcome, I may sound philosophical but people need to get idealistic sometime in live and look beyond the personal to the overall picture. By keeping quiet you will allow the culprit to get embolded and carry out his adventure, but you may get ridiculed for a certain period of time (will decrease as time heals everything) but you are going to stop the maniac once and for all.

Kind Regards,

SC
From India, Thane
Ok, I got your statement and thank you for clarifying it. I guess it was a communication gap. I agree with you absolutely in your opinion that very few women dare to come out and speak against such issues.
The need of the hour is more sensitivity than ever before...
From India, Mumbai
Dear Sonal, It’s my pleasure. Well dont you have a policy on this in your office. Care to share with us. Kind Regards, SC
From India, Thane
Hi SC,

Of course, this is a burning issue ever and is going to be for years to come simply because a huge mindset turnover should happen when it comes to any kind of gender bias and to be more specific sexual harrassment meted on women in workplace. My thoughts are as follows:

1. It is very hard or takes a considerable time for a woman to fathom sexual advances. Most of the time it is subtle and when you are denied a promotion the bottomline is gender. It could be due to lack of understanding of sexual advances or refusual of the same. The underlying factor is your are a women and you get what you deserve with some conditions. that is it. It is true that gender violance is more to do with power and less so to do with sex.

2. we are brought up with gender perceptions. A woman carries her own baggage like, she cannot do certain things by herself, she has to take men's help. Both man & woman contribute to this perception. One such is only 'vampish' or 'fast' women climb the ladder of success in work place. This happens more due to career aspirations of a woman. If a woman chooses career to marriage then she is termed with 'loose character' and is subjected to sexual harrassment.

3. Very few such cases are reported. Huge number of harassments go unnoticed. Why? It is difficult to prove and very few stay with the grieved woman to support. She will be left all alone in this battle. So why take the risk.

4. The stigma of society is also another factor. If a women is sexually harrassed it is due to her and not the man. As is it is posted, dressing style. now this is again matter of perception and mindset. What explanation can one give to the underage girls who get raped? is it provcative dress?

5. Regarding reporting to the police station. Our police fraternity should be sensitive in such cases. But, instead, the insinuation is it is the girl's fault in getting harrassed. Most of them refuse to accept FIRs as it is a messy affair.

6. Most of the women simply do not know what can be done, what should be done and that they are entitled for a free lawyer to fight the case. There are enough laws to protect women problem is very few know.

Lastly, all of us, women and men should leave gender out of business/workforce. Respect each other and work we do and promote conducive atmosphere. Most importantly, a workshop on Gender Communication should be given in all the induction programs of all companies.

DK
From India, Mangaluru
Now here question is to draft a policy to control such unwanted things. Pls come with pointwise policy. Regards Sidheshwar
From India, Bangalore
Dear Sid,
You are right first thing to is to frame a polivcy followed by a pledge signed by all employees to follow the policy, the next thing is to frame how to carry on the prosecution and finally redressal and corrective measures available.
Further inputs expected.
Regards,
SC
From India, Thane
HI Swastik,

It is really a good initiative to discuss these issues in this forum.

I apologise as I was not able to see this post earlier.

According to me, in India most of the sexual harrassment happens with females (my ex colleague has done a PhD on this topic). As per her survey report 86% cases happens with women employees and only 21 percent is because of giving green signal and then red signal as written by somebody.

Yes, it is also true that Harrassment happens with men as well, I have seen that in my career, a woman boss exploiting male subordinate in a very well known company.

We have a policy in place for this specific issue and there is a toll free number where any one experiencing any kind of harrassment can report to with surity of not disclosing their identity in front of the accused.

Ours is a 33 years old MNC and till date only 2 cases of such harrassment have been reported. I think it purely depends upon the conduct of both females and males in the organisation.

Regards

Archna
From India, Delhi
Dear All, Please find attached two documents which can be used as ready refernce for drafting the Policy. Regards, SC
From India, Thane

Attached Files
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File Type: pdf sh_165.pdf (228.5 KB, 339 views)
File Type: pdf sexualharassmentatworkplacebill2005_182.pdf (274.1 KB, 324 views)

Dr. Jogeshwar mahanta:
Are you saying that no woman in India can be accused of sexual harassment?
Are you saying that no women in India holds/held positions of authority and power, or do you feel that because of the culture, that a woman would not make such overtures? How do you know?
I think the law is clear. The post by swastik73 clearly mentions "employer" and "employee" without reference to gender.
In the above example which one is the male? Which one is the superior, or are they peers?
Regards,
PALADIN
From United States,
Dear All, The whole objective of this debate is getting lost, if we go in for a man-woman fight. Let us be neutral and give our comments. Regards, SC
From India, Thane
hi all,
it was a very informative read. I am an MBA, HR student and today only we had a class presentation on awareness and training programme for sexual harassment. 1 issue which was raised during the whole discussion which was not solved till the end of discussion was " Somebody telling sexually explicit jokes to a group of men and women in workplace is also a kind of sexual harassment". Here peple had different opinions about this issue. For men and women who have been brought up in an open environment and who have this modern kind of mentality cannot have any poblem with this type of situation but we also need to think about others who are not comfortable with this level of openness. So the question here is would we classify this sharing of seually explicit jokes in workplace as sexual harassment? Kindly give me your views.
regards
smita
From India, Hyderabad
Hi All,

So much water has flown into Ganga and Godavari. Similarly, many Cite HR members have reacted to this subject some wildly and some mildly. Some have come out with bills, policies, procedures and what not.... everything. Everyone is bound to be harassed at one stage or the other in their lives. But when we see India as a whole, women were created as a weaker sex since ages as men used to hunt and bring home the food since the primitive ages. Since those times, women are confined to household chores and she was never allowed to venture outside. That was how women were brought up and even in India nowadays you can see how many rural women are being confined to homes without being aware of the modern advances the society has undergone elsewhere. We are not away from that legacy and many of us must have seen our old women relatives who have lived during those times can give us approprate picture on how women were treated during olden days. We are still carrying that legacy where women are treated as secondary to men. True, the times have changed with Industrial Revolution and then the technological advances, women have been recognized as equal to men all over. But the legacy which was carried from so many ages goes on and it takes time to change the mind sets of all Indians. The political system has to change and the entire systems ala customs like Sati etc which are still rampant in some parts of India and yes the dowry system which is present everywhere have to go if women have to enjoy equal respect along with men. As long as these evil practices continue and till commercialisation of women through each and every useless advertisement is practiced harassment of women not only in work place but in home, in street, in college everywhere will continue and male chauvinism tries to dominate the female submissiveness everywhere.

Whatever we discuss, it should be constructive and let's not forget that we are Indians and let's not ignore our past. It should not be like a discussion for discussion sake.

Regards,

PRADEEP
From India, Hyderabad
Dear Smita,

Well as regarding sexually explicit jokes, you got to judge it on case to case basis. Some jokes have other connotations and you must also remember the level of closeness before cracking such jokes. If on the first day in your Office your boss starts cracking sexually explicit joke then how would you take it?

The other reason for including jokes is stop riducules. In Times of India a few days back I read an article where a man working in a Golf Course as trainer in an European Country won a huge compensation on grounds of Sexual Harassment against his Company because every employee and his boss were joking and ridiculing him all the time because he lost a game against a lady in the Golf Course.

So, the joking need not be "sexual" in that sense.

The other point in want to make is that it is quite wrong to categorise a society as open and close on the basis "sexual" discussions taking place.

Modern and open society is usually based on the freedom and acceptance of expression in totality, discussion on sex is only a part and should remain at that.

Regards,

SC
From India, Thane
Hi Swastik!
A really nice Article. The case might be true in most organisations. In my organisation more than 70 percent of the employees are women. None of them have faced such a problem.
Also none of the male employees have faced any problem in this regard.
Regards,
Shyamali
From India, Nasik
Dear All,



This is a topic that I have been watching regularly but refraining from commenting on so far.



Here's my take on this:



1. There are two approaches to the issue of gender based discrimination+ sexual harassment

a. Preventive (Non-discrimination) &

b. compensatory (Resolving SH Claims, rehabilitation of the "victim" and disciplinary process for the accused)



2. According to the current legislation in India, it seems that only women are covered under part 2. However, organisation can proactively do the first i.e. constitute policies that enforce non-discrimination



3. By law, (we as part of) organisations are required to have an internal redressal process & SH committee



4. The G2/3 by Global Reporting Index (UN) are a good set of international guidelines one can refer to

http://globalreporting.org <link updated to site home>

(Please search for "discrimination" on the page)



or, refer directly to G3 guidelines:

http://www.grig3.org/pdf/g3guidelines.pdf

5. Greater focus is required on "inclusion & non-discrimination" rather than merely looking for ways for redressal (Prevention is better than cure). Education and open discussions...also helps in demonstrating that we, as responsible organisational members, are taking the necessary steps. It can start with a small module at Induction, as part of employee code of conduct, part of training on customer service/communication skills/leadership & ethics...



6. A framework that you may use (based on GRI):

a. Objective

b. Policy Statement

c. Company Values & Code of Conduct

d. Non-compliance with policy

e. Procedure for implementation of policy:

i. Existence and Basis of Policy

ii. Elements of Policy

iii. Scope of Reporting

iv. Related Job Role(s)

v. Communication of Policy

vi. Education and Training in Policy

vii. Relationship with Suppliers

viii. Supplier Responsibilities

f. Monitoring & Auditing system

g. Result for the current financial year:



7. Another good resource: www.ifeminists.net



Important: Any policy that is being drafted or revised on Equal Opportunity/Non-Discrimination/Health & Safety/Sexual -Harassment (prohibition) SHOULD always be formed after employee participation. This allows for the sector specific nuances (e.g. Male guard on a late night cab in call centres, no-touch concept for bar/restaurant workers etc) are catered to.



I hope this is helpful. Please do comment. My research is based on some of the work/study I have done over the last two-three years

1. Male Minority-experiences of men in a classroom (Paper)

2. Managing Diversity (Paper)

3. Drafting Policies for an Indian corporate giant.



Regards,

Anubhuti


From India, New Delhi
ok.

Nice to know [that too first hand] that the US law is gender neutral !!

Most democracies do NOT distinguish between genders !! :-) elementary ain't it !! ?

Our Law makers have been copying western laws for a long time

E.g. : The Indian Companies act 1956 was based on !! the British one. Many here may know that The then companies act had fines of Rs. 10/- for some offences !!. Ask why ?? -> the British act had a 10 pound fine [in the fifties !!], and so our people copied it, changed the currency and enacted the same here :-)

It took our law makers ALMOST 30 years [no jokes] i.e. till the middle of the 80s when rich industrialists paid Rs. 10/- and flouted rules regularly !!!

So came the companies act amendment etc etc ...

This is what happens when our LAW makers TRY TO copy legislation from the west

The latest mishap seems to be the DV bill, which CANNOT BE found to be so one sided, anywhere else in any other democracy !!

I see. I learned something today

nice definition ...



so that might be the next in India !!

Well summarized on the last line there

regards

vinayak

Dear Writer ,

After Breaking the Family “ Harmony”, now want to break the Work Place “Harmony”?

Close on the heels of the domestic violence act(A AK47 with out License to do the legal Terrorism), women’s organizations are working on the passage of a Bill on sexual harassment at the workplace.

The activists said that an “enabling environment”, which will encourage a woman employee to go ahead with her complaint as there should not be any punishment if she fail to prove her complain. The draft says that every employer shall constitute a committee chaired by an employee, preferably a woman, and including not less than two employees committed to the cause of women and one member from an NGO.

Economist Nirmala Banerjee, vice-president of the organisation, said that the activists did not intend to ignore cases of harassment of the male employee. But cases of harassment of women, as with incidents of domestic violence against them, far outnumber cases in which men are victimized.

Hence till the time the harassment against men does not reach to the level of Women, we should allow that to increase..Right??

If the women does not harrase their male employee, then why they want advance exemption in the proposed bill??

Wonder, why they are not ready to disclose it is a well planned move to get another AK47 in the name of Women Empowerment as their Legal terrorism after getting the AK 47 in the form of DV act still not covered their male employees.

LAW should be crime based , insead of any assumption of sex or caste.
From India, Delhi
Crime Is Crime. Punishment should be irrespective of gender, religion and caste. Let us be honest and fight for truth.
From India, Delhi
Economist Nirmala Banerjee, vice-president of the organisation, said that the activists did not intend to ignore cases of harassment of the male employee. But cases of harassment of women, as with incidents of domestic violence against them, far outnumber cases in which men are victimized.
Alright. Their equation is, "if 49 men suffer and 50 women suffer; the legal protection should be provided only for women."
"Nirmalaji, expressing your rotten belief to your likeminded people is no big deal. Invite me some day for a debate, and I will prove you wrong in front of your own loyalists."
Wonder how people even tolerate such preposterous statements given by Nirmala about harassment!! What is she doing if she is not ignoring male employees? Maybe that too is a provision for women, who are sexually unsatisfied from their partners, can resort to male colleagues freely without fearing of getting accused of sexual harassment.
Long-term thinking of these male-hating feminists.
From India, Mumbai
Dear Swasthik ,
It is really a post that make everyone think......
First of all it is the attitude of the person...
It Is all the way A Women behave. And it is the Attitude of the employer
and the other men in the organisation....
Due to these issues there are so many people who faced lot of problems
and have resigned their job .... I dont want to disclose the name of the
company as such !
The legal action must be immediately taken againest Men or a Women
who are a reason for this sexual harasment.....
THIS IS MOST DANGEROUS ISSUE
We all as HR Must try to frame some policies and avoid it in INDIA.....
Dont frame the policy stating we must Dismiss the person indulged in this activity
If we dismiss in our company , He/She may do the same in other
organisation....
Let us share our ideas to eliminate this issue.....
Correct me if iam wrong !!!
Regards
Nithya
:? :? :?
From India, Madras
Rebel,
Not only that as per them in work place only harresement problem have sexuall.
All other harrasement , like promotion, verbal, mental, force to work late hours, tuffest Project out of city..etc...against men is thier by birht right along with thier MBA degree.
Whole sale free lincence.
And our stupid men support that.
From India, Delhi
Nithya,
The best thing is to remove the harrasement and the same should not be any specific gender.
When we talk about equality , every thing should be equall.
Law should be crime based , the same should not be in some assumptions that all the Men born in Criminal family and all the female born in Raja Harish Chandra Family.
Further in 21st century we can very well use the techonology , like video camera at work place , let the truth come , instead of some assumption.
From India, Delhi
Hi SC,
Being HR practitionars, we feel we are taking care of our women employees. We have made a very clear policy in our company that any sort of sexual harassment will not be tolerated and all the employees are most welcome to come ahead if they come across any such situations. We have also specified that the punishment for this will be critical even up to termination.
Thanks for letting us know how this is treated in other countries.
Sirisha Reddy
From India, Bangalore
Hi SC,
Being HR practitionars, we feel we are taking care of our women employees (and not our male employees). We have made a very clear policy in our company that any sort of sexual harassment will not be tolerated (sexual harassment on male is tolerated) and all the employees (only women are welcomed to accuse) are most welcome to come ahead if they come across any such situations. We have also specified that the punishment for this will be critical even up to termination.
Thanks for letting us know how this is treated in other countries. (women are considered victims before enquiry and trial, and men are considered criminals and guilty until proven innocent)
Sirisha Reddy (My additions to complete the comment)
From India, Mumbai
Sirisha Reddy ji,
Do you think all your male employee are born in Criminal family and by birth Rapist?
Would you please explain us , when a women compin, waht evidence you ask from her?
or
It is her statement is sufficient , as all your female employee born in Raja Harish Chandra family??
Let the truth come , instead of some assumption, provided you realy want to punish the real culprit.
From India, Delhi
Dear All,

I want to discuss one case with all of you. This is something which happened to one of my friends colleague. This colleague of my friend was going back to her home from an official party. she was offered a lift by his boss. This boss holds the position of Area Manager.

She was sexually harassed in the car while they were on their way to home. She even cannot get down the car because her boss took her from a very lonely route. Even if she had jumped out of the car, there would have been no body to rescue her. Infact she would been into a worst condition.

Next Day she discussed this with her peers & informed her senior. She was working in one of the branch office, so informed the HR in HO via Mail.

As a result of this, her boss resigned in next one month of time period. But no legal notice was given to him and he was relived from his duties with a normal reliving letter.

My query is that is this also a case of sexual harassment at workplace.

Can any better decision would have been taken by management.

Please suggest.

Regards,

Juhi
From India, Delhi
Juhi ,
First of all it is not fare to comment any thing without knowing the both party's statement.
If any thing happend to your frined, in our IPC allready a lot of Provision are there , like eve easing, attempet to rape , rape..etc.
She can definetely get the justice on that , provided she does not lie, please not in those maximum case , she have to just say truth , and she should not change her statement or the accused person have to prove his innocence beyond resonable dought in fornt of court.
So allready the LAW is in her favour , but little smart ness and use of techonology required to find the truth , like lie dector test ..etc.
At last , as I know , a lot of girl use thier boss to get undue benift , and when the same stoped , they complin.
Hope your friends story are not the same.
If she had been victim , Indian IPC LAW had given enough provision to deal that , first use that , instead of creating a AK47 in our work place.
From India, Delhi
my 2 cents
TECHNICALLY / FORENSICALLY I AM NOT sure of what was done
On the forensic side the following could have been done
1. A through forensic investigation - were there any marks on either person - i.e. proof of resistance from the woman ? if she did NOT resist why ? or was it willing submission that was later changed ?
2. Analysis of the dress - any evidence on the dress
3. Analyse the distance traveled by the vehicle till the next morning when the issue was complained
4. use of alcohol ? were either party drunk ? were both drunk etc ? - to decide mental state
5. Past histories of either party
other related issues
ON THE PERSONNEL SIDE
One will have to KNOW the real truth, the mental state of both parties etc etc BEFORE coming to a conclusion
well... as I said my 2 cents ...
regards
Vinayak

In most sexual harassment cases, the facts are based on "she said, he said" statements. There are no witnesses ("in a car...lonely route"). Even in a crowd someone can grope someone else without being observed. (In Japan, "women only" subway cars have been inaugurated because of "rush hour groping").

When the alleged victim points the finger of accusation at the perpetrator, a "prima facie" (on its face) cause has been established. While there is the principal of "innocent until proven guilty", in these cases it is beneficial to use the "preponderance of evidence" standard.

While the accused has the right to remain silent, such a position, especially in these cases, can be (and usually is) taken as a sign of guilt.

At the time of the complaint, the accuser should be informed that any false statements will result in immediate discharge. The accuser will then have the opportunity to write a statement of events that occurred. S/he should then initial each page. After several hours, but before the day is over, s/he will be given the opportunity to review the statement for errors or omissions before s/he formally signs.

A similar procedure will be utilized with the alleged perpetrator.

One way to get to the truth is to inform the victim, at the time of the complaint, that sometime in the future, as part of the investigation and/or subsequent proceedings, s/he will have to face the one who is accused.

Physical evidence is inconclusive since the victim could self-inflict bruises, tear clothes, and/or arrange matters to fit their story. Similarly, any evidence as to the car, the level of sobriety, mental state and intent are just as unreliable.

I have found that the best method is to interrogate both parties as if the victim was the perpetrator and vice versa. I usually have two other people observing the demeanor of each under questioning, after which we all compare notes and come to a consensus. It is not as easy as it sounds, some victims, as well as perpetrators are good actors, and present compelling performances.

Based on the "preponderance of evidence" and the general demeanor of the parties, a finding will be made. If it is found that the victim was harassed, the penalty is usually immediate termination, unless there are unusual circumstances, such as long work history without any prior discipline.

Hope this sheds some light on the topic.

PALADIN
From United States,
Just have a look at the loopholes in Sexual Harassment at Workplace Laws.
<link no longer exists - removed>
This law will make men's life miserable. Men are no longer safe at the workplace. Male-hating feminists are proposing such biased laws.
From India, Mumbai
Dear Swaroop ,
Be Cool !!!
As HR We must think about both the sides.
I never say that Men are criminals ..........
At the same tme i dont say that women are from Harish chandhra family
It any thing happens in wierd manner the reason will be from bith the side
A women must know how to save herself when such situation comes.She
cant show any evidence for such incididents my dear friend !!
No one told women are always right and Men are wrong. We are trying to
help both the parties........
The most important aspect is Dress code for organisations , colleges and
must be implemented...
TERMINATION IS NOT A SOLLUTION FOR THIS PROBLEM !!!!
Last but not least my humble request to all of you ,
Be very Polite when you share your Ideas
Regards
Nithya :)
From India, Madras
Dear All,

As I have already said earlier that this thread is not an male female fight neither is it a debate topic. What I intended was to get inputs (thankfully I have Received many) so that we as HR can construct a balance, fair and effective Protection Against Sexual Harassment Policy. The issue is not a male or female dominated issue neither I intend to be like Renuka Chowdhury who has gifted the DV Act to the Women of India, and had turned a blind eye (on been shown to her) to a sting carried out by NDTV which showed a Godman utilises the orphanage under him to satisfy his sexual needs (shocking it includes girls below 13 years as well as mentally deranged girls). LET US NOT BE HYPOCRITES AND USE IT AS TOOL TO FURTHER OUR PERSONAL GOALS AND AGENDAS.

As regard to Juhi, I feel what the Company has done is absolutely right. Juhi, please remember to terminate or take further action you need to go in for disciplinary proceedings and once you take that step, the person can only be prosecuted if there are proper and concrete evidence(which become not only difficult and cumbersome but also uneasy for both the victim and management to proceed in office explaining all the details which then gets circulated and discussed everywhere). The second thing is that it has happened outside the jurisdiction of Office and the proper authority to handle the incident is the police.

If she wants further action she should go to the police and your company should assist the lady in pursuing the case. I am baffled as to why the lady has not taken any further action as what you are saying seems to be pretty grievous and amounts to sexual assault which is much more grievous offence than sexual Harassment.

Regards,

SC
From India, Thane
Nitya ,



But LAW and action by Comany HR Mangers does not prove that.

May be HR Managers are not have enough power to give the justice , specially Men HR managers, amy be he will loose his job as well.

Where as A Women HR Mangers are much more sucessfull to give justice in certain stage, provided she belive in quality and justice principal on truth.



I agree with your comment , but the practical application is not seen.

That is the reason I propose use of techonology to give the justice to victim and punish the criminal .( It is like we know smoking is harmfull for health , but we smoke per day 20 cigereates.)



All ready sufficient LAW are there in India IPC , to take care any type of harrasement , let implement the same .

Let the corporate wolrd Concentrate to improve the Work culture , Improve the Productivity of thier employee, Let them work to improve the country's economic .

Please do not allow the work place as a Gender War palce, otherwise waht reaction we are seeing here, will be in the "Work Place" itself.

That is the reason , I say , please do not spoil the Work Place Harmony.

We can't punish some one by some one's verbal statement or self defence activity.

That is my point .


From India, Delhi
PALADIN Ji,
The explanation given right , but the same does not followed when the termination or any action taken.
Harassement is Harrassement , and the same to be considered as equal as sexual, verbal, mental or economical.
We need honest and evidence thorugh technology.
From India, Delhi
Dear all, We are in process of drafting a policy on prevention of verbal & physical abuse at workplace Need your input to draft a better policy Thanks
From India, Delhi
Are bapu asaram’s Ashrams work places? Is the FIR under about half a dozen penal provisions against him fake or genuine?
From India, Delhi
Dear members,
The said thread was originated in 2006. Later Indian government passed law on sexual harassment at work in 2013. Once this act came in force, lot of the discussion of this thread has become irrelevant. To avoid miscommunication or wrong guidance, this thread is being closed.
Thanks,
Dinesh Divekar
From India, Bangalore
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