Addressing Sexual Harassment and Workplace Discrimination: Employee Rights and Legal Action

A female employee in a large government department was recounting her experience in a mostly female team with a recently promoted male boss.

The boss was forever making sexually suggestive remarks and movements of his body when talking with her and other staff. This staff member told him directly, more than once, that his behavior was offensive, but it persisted.

The crunch came when the staff member's daughter visited her at work and sat waiting while the staff member went to attend to a task elsewhere. The boss came over to speak to the daughter, saying, "Oh, just what I need, a nice young girl..." and gave a sleazy laugh. He then asked the staff member's daughter if she would get him a box of tissues, which were stored in the ladies' toilets.

The daughter felt very uncomfortable and thought the boss was a total "creep."

The staff member then made a complaint to her boss's manager and the Equal Opportunity unit in the department. The boss issued a written apology, and different arrangements were made for the staff member to have her performance appraisals done by another manager from a different section.

It came to light later that before the boss had even been promoted, he had been disciplined for having a sexual relationship with a departmental client (who was subcontracted to provide child care). At the time, the boss's role was to monitor the quality of service provided by this person and others doing similar work.

It is hard to believe that in this day and age these sorts of practices continue, and that the response of the organization can be so pathetic.

The female staff member has since been subjected to a range of discriminatory practices, although the harassment has stopped. She has been denied training opportunities, permission to use her vehicle for work-related purposes (other staff have had approval), and denied permission to have time off in lieu of attending work-related events and activities (other staff have had this approval).

I asked her why she did not make another complaint about this sort of treatment. Her response was that the organization's way of dealing with her first complaint was so inadequate that she was discouraged from doing it again.

Is this sort of problem still widespread in other areas? What suggestions would you have for this person?

PROGRESS ENTERPRISE

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Hi, scare_crow,

The best way to deal with it is to launch a formal criminal complaint against the offender. Companies normally take action against the offender if they know that the victim might lodge a criminal complaint, as it brings down the goodwill of the company. However, there are a lot of social issues attached to getting involved in legal battles, and due to that, a lot of people refrain from it.

Coming to performance appraisals, the company should follow a 360-degree appraisal in a secret ballot-type mode, wherein the boss would also be afraid of his appraisal. The government should make laws that put fear in the hearts of offenders, as they say fear is the best tool to curb any kind of violence.

Coming to my personal opinion, these "PEOPLE SHOULD BE STRANGLED WITH TELEPHONE CABLES IN FULL PUBLIC VIEW." I am very sorry to express such strong views, but my blood boils when I hear anything of this sort happening.

Regards,
scare_crow

Hi numerouno,

"It came to light later that before the boss had even been promoted, he had been disciplined for having a sexual relationship with a departmental client who was subcontracted to provide child care.

It is really unfortunate that the company has not reacted to the first complaint and has actually given a promotion to the boss who had to be disciplined for such behavior in the past. It clearly shows that the senior management is following the stakeholders' policy for handling such situations, in which case the weightage given to the boss is much higher, maybe because of certain reasons, than to the employee.

Suggestion for the employee:

1. Increase the Weightage of Self

She needs to show some leadership skills and bring all the ladies in the office under one umbrella. Put in a show-cause notice to the management signed in support by all the other female staff. That would considerably bring the required pressure on the senior management.

2. Take the printout of the "Sexual Harassment Policy"

of the company or in case the company does not have a written policy, take a copy of the act as drafted by the Government and give it to the management along with the complaint again. This will make it clear to the management that she can take legal action in case the management is not taking sufficient corrective actions.

3. Take Legal Action

If things don't change, move to another company and start legal proceedings against the boss as well as the organization so that the boss is punished for his act by the law, and the organization realizes that however important a person might be, they should not try to overrule the law of the land.

And most importantly of all, always give complaints in writing and take acknowledgment from senior managers of all the complaints. It might come in handy in case of legal action."

Can you help me by giving an introduction, definition, and meaning about labor & employee relations? Also, could you provide information on attrition?

Whenever I hear or read of something like the harassment or discrimination directed toward any employee by a bully "boss," it makes me so furious that I can hardly see straight. Such conduct, aside from being socially, morally, and legally reprehensible, is pervasive simply because some people in authority and some organizations still believe that they are above the law. They flaunt their positions openly and challenge subordinates to petition for redress within the organization.

"The staff member has been denied training opportunities, permission to use her vehicle for work-related purposes, and denied permission to have time off in lieu of attending work-related events and activities (other staff have had this approval)."

"The organization's way of dealing with her first complaint was so inadequate that she was discouraged from doing it again."

Clearly, this is a retaliatory reaction to her filing of a complaint, and may be grounds for more serious charges against both the "boss" and the agency which has, in effect, condoned the practice of harassment and is evidently seeking to intimidate her and other employees "similarly situated" from filing charges or making complaints.

These kinds of practices are pervasive simply because the affected employees are faced with Senior Management complacency that they become frustrated and feel they have no one to turn to for redress. They eventually get disillusioned with the process and just make do. That is what harassers depend upon - that problems will simply vanish without much ado.

In fact, management's complacency is underscored by the promotion of the "boss" after being disciplined for a sexual relationship with a department client, obviously a subordinate. (A quid pro quo situation?) What kind of message does that send to the rest of the organization? It's "open season" on subordinates, males as well as females; AND, instead of being punished or terminated, you'll be promoted, so GO GET 'EM.

I have some suggestions for the female in question and others "similarly situated."

First, document all occurrences, advances, statements, innuendos from the start. Include date, time, place, and witnesses, if any, as well as any conversations you had with friends or co-workers relative to the incident (record the name of the confidant, date, place, time). Also, document your response to the "unwelcome behavior." ("I told him/her, repeatedly and emphatically, that I didn't appreciate his actions/comments/advances and wanted him/her to stop.")

Second, document all efforts to have the matter resolved internally - "boss's" boss, EEO Unit, HR Department. Retain copies of all letters, notes, etc. relative to your efforts, as well as time, date, department, and person's name. (Take a friend or confidant with you to the meetings, as your witness to the proceedings.)

Third, document the results of meetings. A short statement as to the general discussion of pervasive and ongoing harassment, as well as discriminatory practices (training opportunities, use of her vehicle for work-related purposes, being denied time off in lieu of attending work-related events and activities other staff have had this approval) and conclusions reached should suffice. Be sure "they" understand that you have other options to pursue if you don't get satisfaction internally.

Fourth, if no satisfaction from the meeting, address a letter of complaint to the head of Human Resources, usually a Vice President, and Chief Executive Officer. Be sure that the letters have a "Return receipt requested" attachment, or something similar which documents (by signature and date) the fact that the addressee, or a designate, actually received the letter.

Finally, if after a reasonable amount of time has transpired, and no satisfaction has been achieved, obtain legal counsel and explore your options - civil suit for nervous depression brought about due to a hostile workplace environment, Worker Compensation claim, etc.

In addition, contact the media and present the facts. They are always looking for a scandal, especially if it involves the government and an employee - a David v Goliath story always sells papers/increases TV ratings.

Thank you for all these replies. They confirm the kinds of things I advised the person concerned, but there are a few good suggestions I hadn't thought of.

Hi all,

I believe the person who doesn't say anything and gets abused for no matter what reason is a fool because the more you put up with, the more torture you get. It's said that "the person letting the fault happen is at a bigger fault than the one faulting." It's like the 3rd seat on the train; the more you put up with the 4th person pushing you, the more uncomfortable you get. I'm sure the Mumbai train commuters agree with me. So, I would suggest something should be done. Paladin and Ajmal have really provided some cool methods. I hope it works out fine.

Numerouno

A short follow-up from the original post (so long ago now!). The boss referred to in the first post in this thread was moved out of his job as a disciplinary measure and into a policy job. From there, he moved to another job in which he had daily contact with (mostly female) clients of the department.

In the last couple of months, it has emerged that he is now being "counselled" for having an affair with one of these women (whose husband recently died). It is unbelievable that he still has a job!

Career Diagnostics
http://www.careerdiagnostics.com/

In the last couple of months, it has emerged that he is now being "counselled" for having an affair with one of these women (whose husband recently died). It is unbelievable that he still has a job!

Career Diagnostics
http://www.careerdiagnostics.com/

Yes, it sure is unbelievable, but that's corporate now, isn't it?

It is surprising that no one in the management of the organization has taken notice of this! Is the guy related to someone powerful?

Praveen

Dear All,

There is a brutal reality in the corporate world regarding harassment in one form or another. One of my friends, an engineer, worked with ADITYA BIRLA GROUP at a managerial level and experienced almost the same sort of incidents where the boss regularly used double meaning quotes. The height of the scenario was that when she approached higher authorities, she was asked to keep herself mum as she was in the probationary period. To her great surprise, when she took action herself, scolded the boss in public, and approached the employee union of the firm, she immediately received a termination letter, even though her probationary period was over, and she had not been given a confirmation letter even after spending nine months with the company, though the probationary period was for six months. She filed a case, and again, faced the same brutal facts and lost.

She went through a stage of depression and had to endure many mental tensions for a long time in her career.

This is the real face of the corporate world.

I am sorry if I am harsh or if I mentioned the name of the group.

Regards,

KIRAN ARORA

In India, we still don't have "employers' liability insurance"; otherwise, a single suit is enough to wipe off a medium enterprise in one go. Are all of you aware of "Mukhtar Mai"? She herself was a victim with no help from any quarter until international pressure/recognition came in. The government started an NGO with her at the helm, but even the operations of that NGO are a scam. She resigned a few months back.

Surya

Has anybody heard the company's side of the story? Should not jump to conclusions merely on assumptions. There are criminals in both sexes. If the company has not taken more action, try to find out the reason. Just because the complaint comes from a woman does not mean that it is right.

Dear Numero Uno,

I hope that the staff member is aware of the passing of the Prohibition of Sexual Harassment at Workplace Act 2013. She has the remedy of giving a written complaint to the Internal Complaint Committee of the organization about the harassment she is facing due to the deprivation of her rightful due. In case the ICC also does not act, she can approach the District Officer and seek justice. It seems that the ICC has not yet convened the awareness program of POSHAW 2013.