Harassment Against Female Employees On WhatsApp

Handling Inappropriate Behavior in a Workplace Group

Our company is a small firm with three branches across India. It's a partnership firm with three directors. I started a WhatsApp group and added all employees for casual interaction, idea exchange, and quick connections. So, whoever is on WhatsApp is part of this group.

There is one very senior employee in a different location at another branch who has been with the company since its inception. His contribution to the company has been significant. However, in this group, he posts long, useless messages, and on two occasions, he has shared cheap and vulgar pictures of females. As the group admin, I had warned him, but two days ago, he posted another vulgar picture. When I confronted him, he dismissed it as a joke and warned me not to take it personally, implying there would be consequences if I did. At that moment, I chose not to continue the conversation as I was deeply disturbed, and I felt I wouldn't be able to articulate my thoughts clearly.

Ours is a partnership firm, and he is a crucial employee. I am uncertain if any action will be taken against him. My question to all of you is: should I report him to the directors, or should I handle this on my own?

Thanks,

Kavita

I have gone through your post. If all the members of the WhatsApp group were employees of the company, then what was the need to create the group itself? If the group was created, it should have been used for professional interaction only. Why did you want to have "casual" interaction with fellow professionals? Have you defined the rules of the group? If yes, did you define the meaning of casualness? Did you establish where casualness ends and where offensiveness starts?

What is your designation? Did you seek approval from the authority for the creation of the group?

Nowadays, almost everyone is on WhatsApp. Nevertheless, when a group of employees is created on WhatsApp, it should be used to circulate notices or pass urgent work-related information. Even if the WhatsApp group was created informally, you should have checked if the particular member was on the same wavelength. Your problem now is that you did not anticipate the differences in perception. What is "casual" to him may be "unsavoury" to you.

The senior employee who is on WhatsApp, what he has done cannot be construed as "harassment" as such. Possibly, he might have transgressed the IT Act, 2000. But do you have the courage to file a complaint with the cyber police for violation of this act? The IT Act prohibits the transmission of sexual content or any other offensive material. What is offensive to you, will the court consider it offensive? That is a big surmise!

Let us not forget that the Supreme Court has not only lifted the ban on dance bars but has also directed the Maharashtra government to allow the dance bars to open by March 15. When skimpily clad women dance in front of menfolk, it is perfectly within the precincts of the law, as the apex court has observed.

Thanks,

Dinesh Divekar

I will suggest an escape route - try to get yourself changed from being the administrator of the group or be bold and remove the employee from the group. In case he questions (which he will), tell him that members found the pictures offensive and therefore you had to do this. Frame rules and post them on the group for all to know. Do not be scared of taking action to stop something which is offensive to your mind. Has anyone objected to the pictures?

Dear Kavita,

This is in addition to what I have written in my post. What is the necessity of the WA group? If the necessity is not there, then you may disband the group. Disbandment of the group will send a message to one and all that it has been done to protest against uploading of the offensive material on the group.

Thanks,
Dinesh Divekar

Handling Offensive Content in Professional Groups

The person who uploads offensive and vulgar messages or images in any public group reveals their mindset and thinking. As opined by Sh. Dinesh Divekar ji, it is appropriate and safe to either disband the forum or block the person responsible for such offensive material.

I am a member of several forums created on platforms like Facebook or Google. Occasionally, I have noticed offensive material being published in these forums. In such cases, I generally leave the group immediately as my own prestige and self-respect are in my own hands.

However, if you are an officer in your company or an HR professional dealing with employees, I suggest immediately disbanding the group or leaving it. This is important and essential to maintain your impartial and good image in the establishment where you are working.

Regards,
[Username]

Did you speak on the phone personally to him concerning this? Just a few thoughts on this:

- Not sure what your position is (HR, etc.), but if you can connect to your counterpart in the other branch where the senior person is and maybe just get a 'feel' from some colleagues there regarding him, his nature, it might give you a better idea as to how to proceed.

- I tend to agree with Dinesh regarding figuring out why you formed the group in the first place - and if it's casual, what can be offensive to one can be a joke to another. Did you get some views from other female workers in that group concerning the pics? What do they feel? There is nothing wrong with forming a group, but it might be a good idea to lay down specific outlines at the start about what to post/not post.

- My only concern is you said that when confronted by you, he said "should not take it personally coz if I do, then there will be a big problem..." - What do you think he meant?

- I think at the end of the day, if he is a senior, he should be knowing his limits and the fact that you already warned him twice, you can go ahead and talk to some senior person in your branch or HR concerning this before you take it a step further.

All the best, and I hope it resolves soon!

Regards, Ms. Khursheed

I totally agree with Mr. Divekar when he questions the very necessity of such a group, especially in an organization where different age groups and levels of employees coexist.

I suggest you encourage like-minded individuals to withdraw from the group, whether or not they choose to post the reason for their withdrawal, citing that the group is being misused or abused by posting vulgar messages. Once a majority of individuals have withdrawn, the group will lose its relevance, and at that point, it should be disbanded.

A. S. Bhat

Thank you, everyone, for your replies. I am in the HR department. Before I joined, the department was not very functional regarding employee relations, interactions, and activities. There was barely any work except for salaries, leave approval, and other basic tasks. That's why I was hired. It was a combined suggestion from everyone that we must have a group for quick interaction and idea exchange. Yes, I did set up basic rules when starting this group.

Thank you very much for understanding this matter and focusing on providing me with a solution rather than asking questions. I really appreciate it.

The update is that I spoke to the management, but before doing so, I messaged the group reminding everyone why we were here. The management decided to talk to that senior.

Thank you,
Kavita

Thank you for the feedback and update. Please keep us posted in case you need any help to resolve it further. Additionally, I request you to consider a session on sensitization of employees on Sexual Harassment. There are numerous agencies offering that as a 1-day course. Please consider investing in it. That alone will keep every such incident at bay. Most of the time, we are not aware of where exactly a line gets crossed and if at all we should raise our voices against it. The implications are deep; hence, let's keep everyone informed about it. I must say, as a lone HR in the firm, you have made a good start. Keep us posted on your growth. Wishing you all the best!

Regards

Addressing Sexual Harassment in the Workplace

This clearly falls under sexual harassment. If there is an Internal Complaints Committee under the Sexual Harassment at Workplace Act, then you can file a complaint there. You can find the procedure [here](https://labourlawhub.com/labour-acts/sexual-harassment-of-women-at-workplace-act-2013). If not, you can alternatively seek help from the police by lodging an FIR.

In the case of sexual harassment, the position/status of the alleged offender and victim does not matter (legally speaking). You can check http://www.labourlawhub.com for more information.

Thank you for noting the changing sensitivities at work and the policies that will be impacted by them. Even a water-cooler moment can easily get out of hand if boundaries are not set. We cannot leave every delivery to common sense, as what one may deduce as something can mean entirely different to others.

You are right about pointing it out to your friend. However, your friend may need more handholding than you realize. Here's a thread where we have been discussing policies for WhatsApp. It could be a pointer for your friend.

https://www.citehr.com/558887-design...-employee.html

Regards, SecureplusSolutions

Hi Kavita,

If I were in your place, I would put a message soon after his message: "Please maintain the decorum of the group; please post official matters only." If the person continues, then you should remove him from the group. If that is also not possible, then remove all the people from the group and delete the group. This will be a great lesson for that person, and you will set an example for others that this is not acceptable.

Regards,
Neha