How Should We Support a Female Employee Facing Hostility After Reporting Misconduct?

Dear Seniors, Recently, a problem arose in one of our branches. A small conversation took place between a male and a female employee, during which the male employee attempted to physically harm her. She lodged a complaint against the Branch Manager (BM), but unfortunately, no action was taken. As a result, she is currently facing a difficult situation in the branch. All male employees have been behaving rudely towards her and have even gone as far as challenging her by saying, "we will see how you work here from today onwards."

I seek your advice on how to address this situation.

Note added by Moderator: Please be informed that the issue has been resolved. Kindly review all the posts before sharing your views.

As per the Sexual Harassment Act, this is illegal, and a female employee can take legal action on this matter. She can submit a written sexual harassment complaint to the labor court based on the severity of the incident. The Department of Labor will then take the necessary actions.

Please address this issue directly with the labor department and submit a written complaint accordingly.

Hope this information is helpful.

Regards

Hey, wait! Don't make this matter so hard and don't assume anything without consulting. No one is "bechara or bechari" in today's world when males and females have all equal rights. Take the initiative, go and get a written explanation from both of them. Look at the matter from every angle; if possible, collect some witnesses. Prepare the report and go to the Head of the Concern. If no action is taken by the management, then suggest going to the labor court with all the support.

Regards,
Gurgaon HR

In taking the written explanation, I have a problem. A lady employee gave me a complaint, asking me not to inform the male employee that she has filed a complaint because she may face some problems from them. They are not under our direct observation or control. This branch is in another state.

The manager is on the male employee's side, as the fault lies with them; he didn't respond. My role is that she gave a complaint to me. Now management has asked me to solve this issue.

Manager is on that male employee's side, as the fault is with them; he didn't respond. My role is, she gave a complaint to me. Now management asked me to solve this issue.

Sorry, I was not clear. Are you in the HR department? What is your designation and normal function? If the employee does not give a formal complaint, the management can initiate an inquiry on its own. But resolve means what? Do you mean finding out what happened and punishing the concerned person? Or does it mean counseling the manager and the employee, or does it mean settling by getting the two sides to come to a truce, including perhaps an apology?

Depending on the type of company, attitude of management, etc., this can become very nasty. It can also become a very serious matter if the lady feels she is not getting justice and can't continue working and decides to file a police complaint. Remember that your business manager and management will need to explain why they did not take action knowing it is a case of harassment or physical violence against a woman in the office.

Based on your answer, members can give suggestions.

Agree with saswatabanerjee fully. Folks, let us be very clear that this issue has practically nothing or very little to do with the Labour Court, nor is there a 'sexual harassment act' as understood by dev83. This is a clear case of crime under the Indian Penal Code and, in any case, the management is required to act as per the directions of the Supreme Court on sexual harassment in the case of Visaka Vs. State of Rajasthan.

I find it strange that the affected lady, having given a written complaint, does not want a formal investigation in the matter. So, Rupavathi, don't lose any further time for initiating action on the complaint by calling for an explanation from the aggressor, whether the manager or the lady like it or not, unless, of course, she withdraws her complaint and wants the matter to be treated as closed.

I am not sure if the matter can be treated as closed even if the lady says so. It needs to be actioned. Otherwise, the matter can come back more seriously with allegations of coercion to make the lady withdraw the complaint.

Banerjee Sir, I'm an HR professional in our company. An employee did not submit any written complaint. She informed me through the phone. The management has instructed me to investigate this issue and determine how we can take action against the individual. However, I have not found any evidence to present to management in order to issue a warning or punishment to the individual.

I think you should first inquire with the other employees who witnessed the verbal fight to understand how it started and determine fault before taking appropriate action. You learned about the matter from the female employee; therefore, it would be beneficial to also speak with the male employee to get his perspective on the situation.

Regards,
Mimosa

Dear Rupavathi,

The female employee had not given any written complaint. Anyway, it's clearly known to other employees that she has raised a complaint against the male employee. So now, there is no more secrecy about the complaint.

My Opinion

1. We should never decide on an issue based on one side of the story.

2. It is possible that during the exchange of words, the female staff might have crossed the limit with the belief that "male employees cannot touch me."

3. Except for getting emotional, the male employee might not have done anything wrong.

4. The male employee's intention might not have been to beat the female employee but just to stop her from shouting what he perceived as nonsense talk.

So, there could be many hidden facts involved in this case.

What Can You Do

1. Call both employees, talk to them face to face at the same time. There should not be separate talks with them. The reason is when somebody speaks in the presence of a third person/senior, they would behave themselves and limit lies.

2. Call a meeting of all employees, including the manager, and tell them strictly what they should do in the future if a similar incident happens. Also, give them a strict warning that they should behave in an unbiased manner and not indulge in group politics.

Regards,

Investigation Required: Clarifying the Issue

This needs a thorough investigation. Where is the question of sexual harassment here? Why do people assume sexual harassment in this case? See the post carefully. There was a conversation/argument that happened between a male and a female, and as a culmination of this conversation, the male employee attempted to beat her, as conveyed by Rupavathi. A person who engages in sexual harassment will not attempt to beat someone. There must be some other issue that provoked the male employee.

I am not justifying the attempt—whether it is done by a male or female. Beating, slapping, hitting, butting, or any physical assault is condemnable. But, what was the actual issue is what needs to be found out. Therefore, go for a thorough scrutiny irrespective of whether a complaint was received or not. Only the findings will reveal what went wrong, and you can take appropriate action afterward.

Regards,
Balaji

I think the course of action should be as follows:

- Start a domestic enquiry based on your procedure.
- Ask both the concerned persons separately and in private for their version of the event.
- Ask the BM for his version, what action he has taken, and why he did not report it to the management.
- Ask other persons in the office for their inputs on the incident.

After that, based on what you have found, you need to determine who was at fault (perhaps both). Depending on the seriousness of the action and matter, you need to take appropriate action against the male employee, including dismissal if required. (In case the report was proved false, you need to take action against the female.)

The action must be in line with the standing orders or other procedures and definitely in proportion to the seriousness of the matter.

If possible, the concerned employee should be counseled to prevent a recurrence. A sensitizing training or behavioral training of the entire branch may be justified (depends on what budgets you have and your management's attitude towards it).

A warning, at the least, must be given to the BM for his inaction and for allowing the matter to spiral to this level.

Dear Rupavathi, I have taken the liberty to merge all your posts in this thread and edit the merged one to clarify the situation.

Dear Seniors,

Recently, a problem arose in one of our branches. A short conversation took place between one male and a female employee; during the conversation, the male employee attempted to hit her. She has filed a complaint against the person to the Branch Manager (BM); however, it was of no use as the BM, a male, seems to be unresponsive to the complaint. Now, she is facing a tough time in the branch. All male employees are behaving rudely towards her and have challenged her by saying, "we will see how you work here from today onwards."

This branch is in another state and is not under our direct control or observation. The female employee has orally reported the incident to me and has requested not to inform the male employee concerned about the complaint. I am the HR in the company, and the management has tasked me with investigating and suggesting ways to take action against the person. However, I have not found any evidence to issue a warning.

Now, please suggest to me how I should react to this situation.

I take this opportunity to suggest that we should provide complete information while seeking help. This will prevent assumptions and misleading statements.

Even the above summary lacks full information. For instance, did the male member physically hit the female staff or merely raise his hand as though he would slap her (not that I condone such behavior)? What exactly transpired, including the words exchanged and the reasons behind the incident? How far is the branch, and is there no HR personnel in that branch? How large is the branch? Has the person given an oral complaint to the BM or a written one? What prevents the HR from approaching the BM and inquiring about the situation without disclosing the source of the complaint?

Regards.

Thank you for merging all my posts and making the situation very clear. Next time onwards, I will follow the same way.

Incident Overview

What exactly happened is, a male employee was sleeping during office hours. After he woke up, he went to take a photocopy of his documents, which was obstructed by a lady, as there was no power and the main system was running on UPS. If he took the photocopy, the main system connected to the head office would be turned off, causing a disruption in work.

Subsequently, they exchanged words, escalating the situation. After being prevented from making the photocopy, he mentioned that he did not have much time to wait until the power was restored. The lady then commented that he had time to sleep but not to check for power or to wait until power was back.

These words provoked him to raise his hand as if to slap her.

Location and Management Response

This incident occurred in our branch in Bangalore, while we are located in AP. The main branch is situated here, and there is no HR present at that location. The lady has verbally complained to the Branch Manager.

During her discussion of the entire incident with me, she requested that I refrain from approaching the Branch Manager. As we have a Regional Manager there, we both discussed the matter, and he arranged a meeting yesterday where he emphasized the necessity of maintaining a strict code of conduct in the office. He warned that strict disciplinary action would be taken against anyone failing to adhere to the work conduct standards.

Regards.

Thank you for understanding my viewpoint and also for further clarification of the situation. So, as can be seen, this is not a case of sexual harassment as thought by some. People do silly things when confronted and get angry. I am sure the person would have reacted in the same manner if he had encountered the situation with a male member. I hope both the members have realized that it is better to respond rather than react.

I suggest that you view Happiness is a creative force & bitterness is a destructive force @ Auckland 2009 - YouTube and also advise the female member to view this and other video presentations of the Swami. It may help her to respond next time rather than react.

Final Questions

What is the rank of the two members involved in the altercation? Is it the female's job to look after the copier?

Regards.

Handling Workplace Misconduct

Female Employee is a Back Office Executive; she looks after all the work in the office. The Male is a Marketing Executive.

I think the lady is quite right in stopping the person from using the photocopier if it is going to cut off the system connected with the HO. Her comment is also correct. I assume your management does not approve of someone sleeping on the job. The marketing executive is definitely in the wrong and needs to be disciplined.

The management needs to take a strong view of such behavior and put a stop to it. The Regional Manager has taken the right step. However, he needs to reprimand the Business Manager as well.

You will need to record the event and issue a formal warning to the Marketing Executive and the Business Manager to ensure this does not happen again. You also need to record the process and findings of the domestic inquiry. It would also be a good idea for the Marketing Executive to give a written apology to HR to keep on record that it has been resolved without prejudice to the concerned lady (note that physical violence or threat of the same towards a woman is a serious criminal offense, and you need to have paperwork to show you have taken action to prevent it from recurring).

HR/ER/IR is a sensitive matter, and highly dynamic, depending on the local and other circumstances. There is no single correct/right approach. So what I have outlined and what you will actually follow may be different as you know what ER/IR problems can arise from your decision to take or not take action. Please keep that in mind always.

According to your statement, "the male employee came to beat her." It is assumed that she was not physically harmed but suffered insult, which probably damaged her reputation and, in turn, caused difficulty in discharging her assigned duties properly.

If so, you should ask for a written complaint from her. (If it is not there, you may be in trouble at a later stage.) On the basis of that, you can request a report of the incident from the branch manager. Based on the report and complaint, you can ask for the male employee's explanation. After obtaining these, you can initiate further action as required. However, taking a written explanation itself might have solved the problem.

Harassment of any employee at work is a crime, whether male or female. Furthermore, no employee has the right to physically assault anyone in the office environment. This is a crime, whereby the victim has the full right to file an NC at the nearest police station or write to the labor court.

Understanding the Situation

Firstly, it is very important to understand the conversation that escalated, whether it was a personal comment or official, and who is guilty. Only then can steps be taken.

If the issues are personal, they should be settled outside the office. If it involves any official discussion, then HR should be involved. This should be settled quickly as it might hamper the productivity of the company.

Addressing Harassment by Senior Employees

It is a general tendency that if the harasser is senior, they will never admit their mistake. You may call this attitude a fear of losing to a junior, as today in India, we do not have many professionally driven companies.

Action on Unresolved Complaints

You have further mentioned that even after a complaint, nothing has happened. What does this mean? Generally, the branch office should be under the control of the Head Office (HO), and if the matter is escalated to the HO, then action needs to be taken.

If both employees are highly productive, then the matter should be resolved very quickly, or changing their department could be another option.

Regards,

Please obtain an incident report form from the Manager (BM) as he is responsible even though he is involved. Additionally, obtain an incident report from the lady involved. Issue a memo to both individuals, stating that any repeated actions will result in the transfer of one of them after counseling on the seriousness of the offense. If a transfer is not feasible, issue another memo. Subsequently, inform them directly that if the matter persists, it will be escalated to the labor court, and they will have to face the consequences. This is the necessary course of action as an HR professional. By this point, they may have developed a rapport, and we can avoid hitting our heads against the wall.

Best Regards,
John T. Chacko
HR & Personnel Officer
KSA

If the employees belong to a branch in another state, you can still inform the in-charge of the branch to investigate the matter and give a personal hearing to all concerned. He/she can submit a report on which you can act as per the rules of your organization. Through counseling also, the issue can be resolved amicably.

Dear Rupavathi,

These are very sensitive cases, possibly due to the arrogance or attitude of an employee or a communication problem between two people. Don't ever conclude that a male has really harassed someone when there is no evidence to show. First, understand what kind of issue it was between these two employees. Did it happen accidentally, or was it intended? First, know from the female employee the reason for the quarrel. We should not always think from one point of view; try to understand it from the other side too. Male or female, both are equal at the workplace; they should know their limits. It is not that the female is being harassed, so we should act fast and make a decision. Speak to 2 to 3 people from her department and 2 to 3 people from his department. What kind of employee relations do they maintain? After careful analysis, if you find the mistake is of the male or female, call them personally or set up a teleconference. Let them speak out their problems with each other, and the opposite will definitely understand to what extent he or she is right.

Why Treat Male and Female Issues as Sexual Harassment?

Unless she has defined it clearly and the same has been confirmed by at least 2-3 employees at the same location, speak to them individually, even if she has mentioned not to let him know that she has filed a complaint against him. When she was really harassed by him, why is she so scared? Or is she so sensitive? Understand her completely and speak to him politely, then submit your findings to the management.

It has to be dealt with very carefully as some human beings are very sensitive. If anything happens to a male or female, it is going to affect the company as well.

Regards,

I have been following this case. This case has two ramifications:

1. Misconduct of sexual harassment; and

2. Misconduct of assaulting an employee within the premises of the establishment.

The person concerned has to be charged for the above two acts of misconduct.

Even if the affected employee has entered into a compromise with the assailant, the compromise is not valid as there are three parties to the misconduct, namely the assailant, the victim, and the management in whose premises the acts of misconduct have taken place.

In case the management has any witness, on that basis, it can take suo moto cognizance of the act and initiate action accordingly regardless of whether the victim wants to pursue the case or not, with a view to maintain discipline in their premises. Failing which, be ready to face a Maruti-like situation (at the suitable level) in your establishment or lawlessness in the organization when none will heed the management.

In case you are not the deciding authority, please apprise the concerned of the situation.

In view, it is immature to treat the case as closed.

Regards,
S.K. Johri

In your mail of July 14, you mentioned that the concerned employee gave a written complaint to the BM, but it was not effective. Please accept the complaint and proceed. The misconduct of sexual harassment is of a very serious nature and can be handled internally within the department as well as by the Mahila Thana.

Grievance Redressal Committee

Please also confirm whether a grievance redressal committee for cases of sexual harassment has been established and notified. If not, please do so promptly. The committee should be headed by a senior female officer and should consist of an equal number of female and male employees.

Furthermore, do not consider the case closed through compromise. Once the complainant has filed a written complaint regarding misconduct that occurred on company premises, any compromise reached between the perpetrator and victim must receive formal approval from the management. This is necessary because the act violates the company's disciplinary policies.

Disciplinary Action

If you are unable to persuade the relevant parties to take appropriate disciplinary action regarding two major acts of misconduct – specifically, quarreling/fighting with an employee on company premises and sexually harassing a female employee – please inform the BM or the Head of Plant. Highlight the fact that the management could face serious consequences if the complainant escalates the matter to labor authorities or civil authorities (Mahila Thana) due to the lack of response from management.

If the complainant chooses to involve the Mahila Thana, the wrongdoer will likely be taken into police custody immediately, without the possibility of bail.

Please be aware that sexual harassment was included in the list of organizational misconduct acts by the Government of India in the 1990s, and provisions for the committee's existence are outlined therein.

Taking the actions outlined above will help maintain discipline within your organization.

Regards,
S.K. Johri