How Should I Handle Harassment Complaints Against Top Management in My BPO?

Hi, I am Shankar, working with a leading BPO in Chennai as an HR Executive. I would like to get your suggestions on a very serious and sensitive issue happening in our organization. One of the top management persons in this concern is behaving very badly towards the female employees, particularly involving in harassment. One of the employees was greatly affected by this issue and lodged a complaint with me. As a junior staff member, I assisted her in typing a formal official complaint against that management person and advised the employee to speak with the HR Head. However, the HR Head clearly stated that she cannot take any action against the management person abruptly. I feel very ashamed as I am unable to fulfill my duties as an HR professional. Kindly advise on how to handle this situation.

Most of the staff people do "things" to save their skins. Buttering is an integral part of the corporate scenario. Try to speak to someone other than the "HR Head," preferably the Owner/Director, along with 100% evidence and eyewitnesses. If the issue is genuinely serious, then I am sure the management person will be punished. In most cases, there are only malicious allegations but no supporting evidence.

"Every accused is innocent until he is convicted by the court."

The aggrieved female could approach the police department or NCW. She can also file a case in court to direct management to look into the complaint.

Additionally, the female could write to leading newspapers or visual media to raise awareness about the harassment.

I would recommend that you not take actions without considering the future consequences. You can advise her to check with the National Women's Commission and to inform them of the issues while ensuring confidentiality, which they must assure.

Furthermore, when the issue is supported by a recognized team or council, the management will feel compelled to rectify the situation, as it impacts their reputation and goodwill.

Handle these cases with great care. Good luck!

Guidelines for Addressing Harassment of Female Employees

The guidelines laid down by the Supreme Court on the harassment of female employees advise forming a committee to prevent this. The HR head is the most important person to deal with this. You can obtain inputs from the internet on the subject and request the aggrieved female employee to file a written complaint to the Head of HR and seek an acknowledgment. There can be repercussions, but someone has to bell the cat, isn't it?

Harassment of female employees by superiors needs to be handled firmly. No soft corners, please, as it will have severe ramifications in the future.

Regards,
M.V. Kannan

Dear Sir, it is disgusting to read about what is going on in your organization. One cannot be a silent spectator to such happenings. Sexual harassment in the workplace is a serious offense. As an HR executive, you should take up the matter boldly, and if need be, the issue should be reported to the police. By remaining silent in the face of such anti-social and criminal acts, we are also indirectly complicit with the criminals. Moral and ethical norms form the foundation for the growth of an individual and an institution. Act swiftly and stay true to your conscience.

Regards,
Radhakrishnan Pillai
Pune

I am with Mahesh on this. Without getting judgmental or emotional, dealing with such issues within the ambit of the organization, especially when a senior employee is involved, may not result in any worthwhile action. But at the same time, you need to exhaust all the options before you go out of the organization—to NCW or the Media. Like Prashant suggested, approach the Owner/Director [assuming it's not him/them who is involved] and see the result. Approach the NCW or Media only if you don't find any action within the Company. Frankly, I don't think the police will be of any help if you approach them—given the clout of the individuals involved. And like Mayuri suggested, build up the necessary proofs through a sting operation before the thing is blown into the public domain.

Regards,
TS

Many options are available to overcome this issue:

1. Write an official letter to the MD.
2. Write a letter to the Top Management about his misbehavior.
3. Write a letter to the National Women's Commission.

Alternatively, you can choose to leave the job.

Regards,
Johnson Poojari

Dear Sir,

You mentioned that she has already submitted an official complaint to her superior. However, if the superior is not considering the matter seriously, it would be advisable for her to file a complaint with the labor court and enclose her submission letter.

From,
RAMBABU

Dear Sir,

I am also working in Chennai, basically. Please check both sides and take action. Before taking action, you should not work for the same organization. It is true; think twice before taking action on that. Any proof is there, only then you can consider it.

KVR

Yes, it is a very serious issue. I would suggest that you first inquire about the incident. Is there any evidence or eyewitness who can come forward to raise their voice against him? Without any evidence or eyewitness, you can't fight for justice. It will backfire on you.

You have mentioned that he is a top management person and he misbehaves with other female employees as well. Talk with them, collect the evidence, and collectively launch a complaint in the form of a letter signed by all the female employees along with your HR head.

If there is no action taken by your HR head, then you can approach the NCW or Human Rights. Remember to include your HR head for not taking any action. But keep in mind that it is a sensitive issue that has to be handled carefully.

Don't leave the job; fight for it sensibly as suggested by Taj Sir. There are hardly people like you in the corporate world who take such matters seriously. I read in an article that HR people have become a laughing stock, as in most cases, it's the same story as yours.

HR Head's Role in Addressing Issues

How can they ignore such issues? But this is the truth...

Try to fight; something might change in that organization. If after all your efforts nothing changes, then I am sure people like you will not continue in such an organization.

I agree with Mahesh & Tajsateesh on this. Without getting judgmental or emotional, to deal with such issues, firstly try to find the solution within the organization, especially when a senior employee is involved. At the same time, you need to approach the management and communicate in such a way that doesn't sound offensive, as there may be a situation where management is already aware, as the HR Head has upfrontly denied taking any action. Approach external bodies like NCW or Media only if you don't find any action within the Company. Frankly, I don't think the police will be of any help if you approach them.

Regards,
Hina

I feel the need to explain/elaborate on the line I mentioned in my earlier response: "Without getting judgmental or emotional." The reason I mentioned this was with a very specific and clear purpose. Unless you keep your emotions and judgments away from the facts of the case, there is every chance of your ability to be impartial to any possibility, including an unlikely event—unlikely in the situation you are in, mind you, NOT impossible in general—that there COULD be a situation of frame-up by the lady concerned [for whatever reasons].

I know this statement could be termed/labeled as 'preposterous, outrageous, etc.' But I did face such a situation a few years back [the reason I used the words 'NOT impossible']—which is where the two attributes that I mentioned become very important while you handle this situation:

1. Please don't get judgmental or emotional.
2. Carry out the Sting Operation—it will bring out the facts of the case, including the complicity of any other people in the situation, if any.

Regards,
TS

It is indeed a serious and sensitive matter and needs to be addressed in a proper manner and through the proper channels. Going by the designation, if the HR head is not paying any heed to this matter, I am afraid there's not much that you can do on your own as you are ultimately reporting to her. Still, the following options can be considered:

a) First of all, it needs to be ensured that there's enough evidence of the misbehavior; some concrete incidents/witnesses.

b) I suggest that the victim files a written complaint with the HR department and keeps a copy of the same with her.

c) If it's a relatively smaller company, where the Top management (owner) is accessible, then the victim should directly contact him/her (if HR fails to take any action on her complaint).

Moreover, whatever course you take, please ensure that the victim sticks to her statement and doesn't falter on it because if it happens, then you would be left to cut a sorry figure in front of top management because, for them, their goodwill and reputation will be more important than the interests of their employees.

Also, a sexual harassment policy should be framed for future purposes.

Regards,
Gunjan

Hello Shankar,

Priyanka18 has a point. Do share the outcome with all of us—that's the basic purpose of this forum—sharing not just problems but also the solutions each of us adopt in various situations so that all can benefit in the long run.

Regards,
TS

Handling Serious Misconduct in the Workplace

What I suggest is that the particular individual should be punished. You may issue a warning letter first and then consider the termination of the employee in question. Kindly refer to our appointment letter policy in case of any instances of sexual harassment or violations of the management policy. This is a very serious matter that could escalate significantly.

Thanks,
G Pandu

As an HR person, first of all, you need to conduct an inquiry about the same and gather facts before approaching the management about sexual harassment. Once evidence is gathered, write a formal complaint to the MD/Director/CEO, etc. Also, discuss the issue with the Head of HR before taking any steps. If you are not able to get justice from the Top Management, you can approach external sources like media, newspapers, etc., and let them know about unethical practices going on in your organization.

Regards,
Derek Gomes

My stance on this is to speak directly to that management guy and make him aware of the intensity of his behavior and the consequences. Address the issue in front of the HR head and the employee. If the HR head herself claims she cannot take any action, then take the first step so the employee doesn't feel like her approach to you was in vain. Possible outcomes include:

1. The culprit may acknowledge his behavior, reflect on it, and apologize if he values integrity.
2. The culprit might react aggressively; in this case, you can consider involving the police or NWC.
3. The HR head may feel ashamed and fulfill her responsibilities.
4. If no action is taken, consider involving the police and advise the employee to seek a new job.

I recommend documenting the issue by sending a written email or hard copy complaint before taking further action. Good luck.

Regards,
Jr

It's nice that you help that girl, but you can't predict the future. Why are you giving spoon-feeding to that girl? She is not confident or bold enough to fight for herself. Also, girls want to be equivalent to boys. You don't need to support her; let her gain this new experience herself. The only thing you need to do is boost her to fight for herself or resign from that post and join somewhere else.

Regards,
Shashank

I would suggest that you should remain calm and not take any action in a flurry of emotions. You have quoted that your HR head said, "cannot do anything against that management person abruptly." but that doesn't mean she will not take action. Place yourself in the head's position; you also cannot go ahead and confront the person without any evidence.

Let that female employee go and talk to the HR head again and ask for feedback. Also, ask her to try and get other female employees to sign the same copy of the complaint so that she has enough evidence that others have also been humiliated. Then, ask the head to commit to a timeline in which an inquiry and action would be taken, and feedback will be shared with them.

If nothing happens even then, proceed to the MD/Chairperson/Director to file a complaint against both the employee who harasses and the HR Head who is not taking action.

Dear Shankar,

Harassment of female employees by top management needs to be handled firmly. No soft corners, please, as it will have a cruel effect in the future.

Firstly, you can collect all evidence with proof against the top management personnel. Then, you can discuss with your director and present all the evidence. When the director realizes this, he will not support such behavior.

Even the Supreme Court has recently provided guidelines on the harassment of female employees, advising the formation of a committee to prevent such incidents. Alternatively, you can refer to the Harassment Act Section clause (21) for detailed information.

Regards,
Laxman
Executive-HR

Clarification on Harassment Issue

First of all, please clarify what the harassment is about. Many members of this forum might think harassment refers only to sexual harassment. Please be clear about what the female employee and you meant by the term 'harassment' because members will respond based on their initial thoughts without analyzing the actual question.

Understanding the Context

I believe by now everyone in the country, including dogs, cats, and mice, knows about labor laws, the Women's Commission, and all other official complaint centers, including our dedicated police force. Mr. Shankar, being an HR professional, would have already provided the women with all these options. Mr. Shankar himself is not clear on what the issue of harassment is. Is it related to work, sexuality, attendance, performance, attitude, delegation, or teamwork? Only then should members respond.

If it is sexual harassment, every employee has the ability to approach the appropriate authorities. Furthermore, if it is sexual harassment, there are numerous similar posts on CiteHR that Mr. Shankar could have referenced before posting this query for the 1001st time.

The issue, reaction, response, and resolution should be clearly stated; otherwise, it raises suspicions.

Regards

Steps for Handling Sensitive HR Issues

First, Mr. Shankar should collect the primary information comprehensively from the woman affected regarding the issue. As a matter of fact, HR should not neglect either of the two parties, namely management and employees. Hence, after gathering primary information, it is advisable to report to the MD/CEO or any other executive who is not a close associate of the top management person. Then discuss with him/them the various possible alternatives, such as NWC, filing a police case, etc., that wouldn't hamper the company's brand name and reputation.

So, the first step always related to these cases is to collect the primary information in detail and only then report to the competent authority who shall take necessary actions. At the same time, motivate the employee who was affected, as there is a possibility that her performance may be impacted.

Hi all, I have recently completed my final year project of MBA on the same topic. I believe that you do not need to get emotional. I strongly agree with all who suggested you gather strong evidence first, and then confidentially approach your top management. It seems that there is no policy on Sexual Harassment regulation in your firm; therefore, the HR manager is also unable to take any action. Remember, "Anything is legal until it's proven to be illegal."

Taking Initiative for Sexual Harassment Policy

You are taking the initiative for a new step that could lead to the implementation of a Sexual Harassment policy. However, for this to happen, you need to proceed very carefully and actively at the same time, as the consequences will affect you as well.

All the best!

Regards, Shazz

As per the Sexual Harassment Prevention Act in Indian workplaces (Section 10), every organization is mandated to have a panel that should look into all allegations of sexual harassment, regardless of whether the allegations are true or false. In this case, prima facie, the management seems to have committed a serious violation of all the preceding Supreme Court stipulations.

Course of Action

1. Build evidence (eye witnesses, earlier instances, and statements from aggrieved parties).
2. Let the lady approach the NCW (National Commission for Women). She will get all relevant information from their website. It is even possible to register a complaint through their website. The fact that the HR Department had not taken any action on the complaint has to be highlighted.
3. DO NOT directly go to the police.

Zero tolerance should be the response to such issues.

Precedent-Setting Case in the US

This sounds like a precedent-setting case in the US if it is a sexual harassment case study like Burlington v. Ellerth. Other employees were witnesses, able to prove a hostile work environment. The company also has to act swiftly to avoid trouble, as managers act on behalf of the company.

Similar Cases and Settlements

Many other similar cases exist, such as Wal-Mart and Burger King, which each settled for $315,000 and $400,000, respectively. They did not have a policy or failed to train and enforce one. I don't know if this information helps, as this is specific to the US.

Importance of Documentation

Get documentation—evidence is crucial. If this has happened to many women, it will continue unless something is done. One or a few people quitting will not solve the problem. If it continues and there is proof the company was aware, there will be liability.

Good luck

Dear all,

You should check if she has proof. Without proof, you shouldn't take any steps because you are working in an organization. If she has proof, it's better to go to labor court.