Addressing Sexual Harassment in the Workplace: Guidelines and Procedures

Hi,

I am facing a problem in my company. Please advise on how to solve it. We recently hired a new female employee who has informed me that she is being sexually harassed by a senior employee who has been with the company for the past 10 years. What steps should I take to address this issue?

I am eagerly awaiting your reply.

Thank you.

Hi,

During the interview, one of the interviewers asked me this question. I would like to know the answer to this question.

Thank you.

File is attached herewith. All details are in the attached file.

Dear Pinki,

Please raise the issue with management and request a prompt response. Ask the individual involved to provide a written explanation of the situation. Also, request the female employee to inform management that if the matter is not resolved appropriately, legal action may be considered.

It is crucial for the organization's reputation that management addresses this promptly. The immediate action required is to terminate the individual involved. Before that, obtain a written statement explaining the reasons for their actions.

Thank you.

Dear Pinki,

Kindly verify the records of the female employee and also check the track record of the senior person since you have stated that the person has 10 years of experience. Later, the management can make a decision. It should be dealt with silk gloves.

Dr. Muralikrishna
09952923392

Hi,

You need to check the credibility of both employees. Make a domestic enquiry about the issue, but do so carefully to avoid creating negative implications. Ensure to review past records to see if the top management has taken any actions in similar cases. If not, examine the organization's policies or bring the matter to the attention of the top management.

If either party is accused, take appropriate action.

Regards

To address the issue, you need to ascertain the truth of the allegations made by the female employee. If the allegations are found to be true, the senior employee must be admonished and asked to correct his behavior. It is crucial to ensure that such instances are not repeated, as the image of your firm may suffer among customers and prospective employees. If the inappropriate behavior continues, the offending employee should be disciplined according to your company's code of conduct. However, if the allegations are found to be frivolous, appropriate action should also be taken against the female employee.

C.H. Mahadevan

First of all, you have to be the mediator between your senior worker and the female employee. Then, you have to investigate the truthfulness of the problem. If you find that the senior worker is at fault, you should punish him without harassing him because he has been working in your company for a continuous period of 10 years. If this is his first offense, give him a warning.

On the other hand, if you discover that the lady is not being truthful, you should firmly warn her and let her know that if she continues to make false allegations against the senior worker, she will be suspended from work.

Pinki,

Constitute a committee with a senior lady employee as a member. The other three members are to be drawn from the senior cadre since the complaint is against a senior manager. Ask the committee to investigate and submit a report within 48 hours. Take action based on the inquiry report. If found guilty, the senior manager shall be terminated, and if the complaint is found to be false, then the complainant needs to be warned.

Hara Gopal Head-HR Solar Semiconductor Private Limited Hyderabad

This matter is critical because if the senior is at fault, it results in a loss for the company. Therefore, arrange a committee to hear from both parties, assess the consequences, make a decision, and remember that rules are rules. If he is found to be in the wrong, impose a penalty.

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Water Damage Glendale
Fire Restoration North Hollywood

Hi,

Look into the eyes of both of them when you call them together. Changes will be seen on the face. Give a tight slap to the culprit. Age and experience never matter in such cases; it will flare up if not controlled now and teach a lesson to one of them. Silence speaks more, so make decisions with a cool mind.

Since we had faced this kind of situation, we found that the policies do not help in these situations. We conducted some indirect training classes for the employees and resolved these issues. The problems may be the same, but the people and the places differ. Therefore, acting according to them and handling things without causing harm to anyone will make sense. As an HR professional, we aim to ensure smooth operations.

Regards,
KIRU

A domestic enquiry should be conducted constituting a presenting and a presiding officer, and a senior-level female employee. A show-cause notice should be given to that employee asking for an explanation.

Regards,
Vikas

Hi,

Please delve into the truthful facts by interviewing both employees and cross-checking with other employees of the firm. Additionally, assess the character of the complaining employee as the accused employee has been with the company for 10 years. His character is well-known to everyone in the firm. Keep a close watch on the issue but do not let either employee know anything. Keep the management informed about the activities of both employees.

Thank you.

Hi,

The problem is not extraordinary; just need to tackle it with due procedures and involve top management in consultation because this concerns a senior person.

P K MISHRA

There is a provision laid down by the Hon'ble Supreme Court in Vishakha vs Government of Rajasthan case. These guidelines are binding on all. Please go through it and take action accordingly.

The legal requirement is that you should report all cases of sexual harassment without delay. Of course, this does a lot of damage to your organization. Hence, the best thing would be to call the person and work towards a satisfactory solution. When I say satisfactory, it means a solution where the victim feels that her issues have been taken care of. Sexual harassment cases are never what they seem to be. They are usually highly charged with emotions, and these emotional issues need to be addressed.

Hi friends,

The Supreme Court of India in Vishaka case laid down guidelines to deal with such matters and has made it mandatory for the employer and other responsible persons in workplaces and other institutions to take action against sexual harassment. According to the Honorable Court: "It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement, or prosecution of acts of sexual harassment by taking all steps required."

Here is a compilation of different judgments, including the famous Vishaka and others v. State of Rajasthan and others [reported in AIR 1997 Supreme Court 3011], and a code of conduct at the workplace brought out by the National Commission for Women to deal with such matters.

Adesh Kumar

Sexual Harassment Case Solution

One solution to this problem could be:

1. To have a good orientation and employee induction to the company to improve good interpersonal relationships. This is because if there had been good interpersonal relationships among the concerned employees, such incidents would be minimized.

2. There should be good rules and regulations regarding the consequences of any kind of harassment in the company, i.e., the service rule book should reflect such consequences.

3. Indirectly initiate some seminars or other activities and remind your employees about the consequences of sexual harassment rather than telling them directly.

4. Motivate the victim, assure her that things will get better soon, and tell her that you are going to talk with him.

Thank you.

Hi,

This matter is sensitive to the company and both the employees. Therefore, know the facts from both - their background, their history, and any such incidents in the company. Take a complaint from the employee. Many times the female employee will speak orally, but when it comes to putting it in writing, the version changes. Also, take an explanation from the employee. Try to sort it out among the three of you; otherwise, the course will follow the disciplinary rules of the company. As somebody suggested, the matter should be handled with gentle hands.

Nagaraj
Email: nagaraj1946@gmail.com

Hi Pinky,

My best advice is that you should ask her to file a complaint with the Human Rights Commission. I am telling you this because she is a senior and has ten years of service. If you approach management, they may not take any action on it. It is just for show. It is better if you do as suggested above.

Regards, Santy

Hi Pinki,

You should have a one-on-one conversation with the lady as well as the senior employee. Meanwhile, check their previous records and references. Check with the team members who are working alongside them. Collect the facts together and make a case of the allegation. Take it in writing from the lady and the team members and ask them to sign the case study.

If the allegations are true, then you should have a meeting (known as an inquiry) with this senior employee and a team comprising the HR Head, the top executive who should be neutral from both sides. The discussion should be based only on facts, and once the allegations are proven true, you can ask the senior employee to sign his conduct. Once this is done, you can terminate the employee.

If it is otherwise (i.e., the lady has made false allegations), then again, you can take similar steps and terminate the lady.

Hope this clarifies.

Regards,
Gayatri

Hi dear, first of all, if you are really working in the industry, then handle it very carefully. You should go through the records of senior persons and collect more information from other employees about his behavior. Before taking any action, you should get a written explanation from the female employee, then discuss the whole issue with top personnel or HR. You should set up a domestic inquiry, and according to the result, you should take proper disciplinary action according to the standing orders of your company.

Hi Pinki,

Since the matter is sensitive because a senior person is involved in this issue, first, you should take a written statement from the female employee. Then, ask the male employee why no action should be initiated against him and take his statement as well. Please set up an inquiry on this matter. If the senior person is found guilty, take immediate and strict disciplinary action against him or suspend him pending the inquiry. If the female employee's statement is false, also take appropriate action against her, but do not let it escalate.

Ajay

Any unwanted or unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, causes unreasonable interference with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Dear Pinki,

This type of problem is prevalent in many organizations, but some problems are apparent while many remain hidden. As you described, this issue exists in your organization. To address this situation, you should step forward to present the facts to the top management, with the support of other senior female employees. Recently, a bill addressing this issue was passed in the Indian Gazette. Therefore, take action to prevent such unethical behavior in our workplace.

Thank you.

Sexual harassment complaints must be dealt with the utmost care and concern. Under the revised law, if the lady opts to lodge a complaint with the police, arrests are imminent, bringing disrepute to the organization you work for. As an HR professional, what you must do is set up an Internal Complaints Committee under the new Sexual Harassment Act 2013 (under the Vishaka guidelines), which should have at least four members, half of whom should be women. One of the women members should be from outside (ideally somebody who works in an NGO or for women's rights, etc.). Every organization needs to have such a Committee all the time. Women can approach the Internal Complaints Committee directly, and if, by chance, the complaint has come to the HR, it is recommended that you route it to the Committee. The Committee, depending on the seriousness of the charges/allegations, will make appropriate and collective decisions.

This is what the law mandates, and I am sure this will also aid HR professionals in such unpleasant situations, particularly when senior people are involved in the allegations.

9810275244

Hi,

I agree with almost all of the responses. However, in practice, if the incident has not been witnessed by anyone, then it becomes a case of one's word against the other. Obviously, one of them is lying and is doing it well. But how do you decide who is lying? Who do you take action against?

Eme

What is the due date of submission of POSH Act return?

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Hi,

The due date for submission of the POSH Act return is [specific date].

Please ensure the submission is made on or before the deadline to avoid any penalties or issues. If you need any assistance or further information, feel free to reach out.

Thank you.

Kindly share how to write an invitation email for conducting an ICC meeting.

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I hope this helps! Let me know if you need further assistance.