How Should We Handle a Male Employee's Alleged Misconduct Towards a Female Colleague?

I received an email from one of my female employees complaining about several behavioral issues involving a male employee. These issues include him taking all her photographs and CV from her system to his folder on his PC, commenting on what she must or must not wear, how she looks today, and following her to the parking lot. We tried to speak to the male employee, but he outrightly denied all allegations. In this case, what action can we take—expel him or first just warn him? Please advise.

Do you have a sexual harassment policy? If yes, have you acknowledged it to all employees?

Do you have an Ombudsman/Grievance redressal machinery/system? If yes, follow the process.

Do you have standing orders/service rules? If yes, follow the same.

If there is a "PRIMA FACIE" allegation, follow the procedure of a domestic enquiry and award punishment as per the findings. Such complaints should be addressed immediately.

Yes, I agree with Mr. 04. You must take these complaints seriously and resolve them as per the process and as soon as possible.

In such cases, let us consider both sides. Let us say the female is rightly complaining. In this case, if we approach the male staff in question and inquire about his actions, it is unlikely that he will admit to any wrongdoing. It is important to understand that the fear of being found guilty and facing consequences will prevent the individual from acknowledging the situation. Moreover, factors such as his reputation and job may also be at stake.

What is the Solution?

It is essential to closely monitor both individuals involved—the female who raised the complaint and the male who is the subject of the complaint. It is important to observe their actions without making it obvious that they are under scrutiny.

If your office premises are equipped with CCTV cameras, you can review the footage and use it as evidence. Additionally, you can request the IT department to check if any data is being transferred from the female's PC to the male's PC and where it is being stored.

Maintain vigilant observation while ensuring that your actions do not reveal your concerns to either party.

In such situations, the standard procedure is to establish guilt before taking any disciplinary action. Without concrete evidence against the individual, issuing warning letters may not be appropriate.

It would be beneficial to have senior management share their perspectives on this matter.

It's a misconduct. First, have proof of the misconduct that took place. Then refer to your standing orders. As per S.O.'s, you can issue him a memo stating a warning not to repeat the same. This will be the basis for further action if required.

Regards,
Rajeev

This is in addition to what Ankita has said. Unauthorized or unwarranted "data transfer" is perfect material evidence; this evidence cannot be used for a "harassment" case. However, conduct an inquiry for this data transfer and as a punishment, remove that employee and place him in another department. This will send a signal to him.

Inform your security staff and keep that person under physical surveillance. As soon as that person starts shadowing the female employee, she can SMS the identified security staff. The security staff can take photographs of his following. These photographs can be used, at least for inquiry purposes. Even these photographs also cannot be used as evidence for harassment.

Other members have given suggestions. Come back after 3-4 weeks and confirm how you handled the situation.

Thanks,

Dinesh V Divekar

Steps to Addressing Employee Behavioral Complaints

First of all, conduct a domestic inquiry on the complaint.

1. Conduct a confidential inquiry about both the male and female employees involved in the issue. There may be hidden points that are not brought to light by both parties.

2. Gather all the details and summon both parties to the complaint separately to record both versions.

3. Keep the course of action being taken in the notice of superiors with all records.

4. If evidence is established, issue a warning letter to the erring employee. If possible, post him to a different workplace or department where there is no possibility for him to meet the female employee, so that most of the problem can be solved.

5. If the male employee is persistent, inform him that the matter is being viewed seriously by Management. Brief him on all possible actions that could be taken against him, including dismissal. Take an explanation letter and assurance letter from him that he will not resort to such acts in the future.

6. Keep a copy of all records in the respective personal files.

Since she has filed a complaint, take disciplinary action because this can set a good example of the company's seriousness against any kind of harassment that occurred. Ensure the department follows and implements its policy to not enter into other personal computers. Allowing such incidents cannot maintain the required discipline to run any organization.

Please tell me why the proof of unauthorized data transfer cannot be used in a harassment case. It would prove that the complainant was speaking the truth. Personal photos of any female cannot be taken and copied by a male colleague.

Please obtain a written complaint from the female employee against the male employee and issue him a stern warning letter under Model Standing Order (Section 22) at the earliest. If the male employee continues with the same behavior, advise the female employee to file a police complaint against him. In such a criminal background, the employer has the right to terminate his service from the company.

Regards,
Sachin

Yes, we have our own sexual harassment policy, and we have acknowledged it to all employees.

If we look at the contents of the complaint, which include "taking all her photographs & CV from her system to his folder on his PC, commenting on what she must or must not wear, how she looks today besides following her to the parking lot," the complaint certainly points towards misconduct on the part of the male employee, if proved. Based on the complaint, I feel there is no harm in setting up a domestic enquiry or, at least, a fact-finding enquiry. Such an enquiry, which would involve the examination of witnesses, is likely to shed more light on the subject as those witnesses would normally be colleagues on both sides who would, in all likelihood, have important but undisclosed inputs to share with the enquiry committee. At the end of the day, a conclusion would hopefully be reached. And if nothing else, the enquiry following this complaint would certainly act as a deterrent as it would send a strong message among other staff not to indulge in such activities. This, in itself, would be a value addition in the whole process.

Regards,
Vinay

Ensuring Female Security

Female security is a priority. First, we must ensure that he doesn't follow her elsewhere (if he's guilty). This situation needs to be resolved at the earliest opportunity. It requires gathering all sorts of evidence and taking stringent action.