How Should HR Handle Sexual Harassment to Ensure a Safe Workplace Environment?

Addressing Sexual Harassment in the Workplace

As an HR professional, addressing sexual harassment in the workplace is crucial to maintaining a safe and respectful environment for all employees. The appropriate response to such behavior involves a thorough investigation, disciplinary action, and potential legal consequences depending on the severity of the offense.

It is essential to have clear policies and procedures in place to handle allegations of sexual harassment promptly and effectively. Ensuring that employees are aware of the consequences of such misconduct can serve as a deterrent and promote a culture of respect and equality in the workplace.

Hi Rajiv, your question, as it stands, is far too vague. If you try to define "sexual harassment," you will find that in some respects it is relative. In other words, it is a matter of opinion, and the opinion that matters most is that of the "victim."

Consider This:

A group of people (men and women) are standing around in conversation. One of the men recites a joke, and all but one have a laugh. The one that does not is offended by the joke, even though it was not directed at them personally. Is that sexual harassment? Yes, it is.

Therefore, it is imperative that an organization has a clear Harassment Policy to include sexual harassment. However, such a policy is useless if there is no properly construed Grievance Policy and Procedure. Only by following the procedure to its conclusion can appropriate punishment be handed out; this can range from counseling and training to being instantly dismissed.

As an Aside Note:

It is also important to include a clause in the Contract of Employment (if issued) or Terms of Employment (if issued), but certainly in the Offer of Employment stating that all company policies, rules, and procedures form part of the Contract/Terms or Offer.

I hope the above helps.

Regards, Harsh

Consequences and actions regarding sexual harassment are severe. However, there is an Act against Sexual Harassment of Women at the Workplace, and this redressal act, No. 14 of 2013, is in force. Please refer below to understand the Act and the capital punishment set forth.

Regards.

Develop an anti-harassment policy in the organization if you don't have one. The level of punishment should be according to the service rules of your organization until you have a policy in place. As you know, sexual harassment amounts to misconduct. The new law has outlined levels of punishment that can also be referred to when drafting a policy for your organization.

If it is proved, record the complaint and collect at least two witnesses. Termination is the final punishment suitable for this.

Regards,
SRao

Dear Usha,

We cannot wait idly until policies are established for unethical issues. If we issue a termination letter, the individual in question may ask for forgiveness and submit their resignation letter, which can then be easily accepted. I hope you will agree.

Regards,
S. Rao

First and foremost, has the crime been established without any ambiguity? Are you acting only on a complaint? Do you have a committee or a team to monitor and control harassment? What is the ratio of women employees versus men? How big is your team on sexual harassment? Do not decide anything unilaterally. If you have a law in place, and employees have been communicated about the rules, its implications, etc., then the rules should have the punishment as well.

Please do some homework before posting your query here.

Best wishes

It is very unfair to assume that the respondent (accused) is guilty without conducting a formal inquiry and without giving the respondent a fair chance to defend himself. I don't agree with you. You need to have some evidence to prove that the respondent is guilty of the offense. If the respondent challenges your decision in court, it means you are inviting litigation. I am sure every organization/establishment has its own service rules, and action could be taken as per the service rule that applies to misconduct until it frames a policy of its own on this issue or can also go by the new Act. The in-house complaints committee functions as a neutral and unbiased independent committee.

Understanding Sexual Harassment and Its Consequences

Sexual harassment, when proven in a domestic inquiry, should result in dismissal and nothing less. As to what constitutes sexual harassment, it is not necessary for individual companies and establishments to lay down the parameters, and it is not proper to do so. The new law enacted by the Central Government, any other existing state law, and the earlier Supreme Court judgment in the Visakha case are the guiding principles regarding what constitutes sexual harassment.

In my view, even the subsequent willingness of the lady in question should not be allowed to dilute the punishment since the offense is against the community at large.

Regards,
O Abdul Hameed
Formerly Addl Commissioner ESIC
[Email Removed For Privacy Reasons]

In my opinion, once the grievance has been raised, you need to adhere to the company handbook/policy on sexual harassment, a copy of which was given to the employee during his induction. The first thing to do is to suspend the employee immediately in writing until further notice.

1. Invite the employee for an investigation.

2. Gather facts/enquire about details of the incident/names of witnesses/any other evidence.

3. Investigate witnesses/any other evidence.

4. Based on the above, invite the employee for a disciplinary hearing.

5. Establish the facts and ensure the employee agrees that such actions are unacceptable. Confirm if the employee is aware that sexual harassment is considered gross misconduct/misconduct (as per company policy).

6. After the disciplinary hearing and witness statements, draft a response.

In my opinion, sexual harassment is a gross misconduct. Depending on the gravity of the offense, the employee could either be terminated or given a final written warning (mentioning that repetition of such actions would lead to further dismissal).

In case there is no policy in your organization, please refer to the laws on sexual harassment.

I have a clear case that I have not committed any mistake. As a colleague, I wished a girl at my office a Pongal wish. She has raised a concern against me in the Grievances Redressal Board (GRB). The entire GRB team is supportive of that lady because she has a good rapport with one of the big shots of the company.

Seeking Legal Advice for Workplace Grievance

Kindly advise on the following questions:
1. Can I take this legally to the court of law?
2. If I take this to court, will I lose my job?
3. Is there any procedure to obtain a stay so that nobody can terminate me until the judgment is realized?

Regards,
Balaji