MBUMBU
How do we as Hr people detect there could be a problem related to sexual harassment, how do we go about finding the truth as a way of getting a solution. Thanks in advance for your responses.
From Kenya
shamil
1

hi,
HR people in an organization will not be able or as matter of fact any manager or an employer can not detect sexual harassment unless somebody blows the whistle.
however sexual harrasment could be dealt through or reagrded as grievence matter of high priority.
The role of HR should be device proper policies on such issues and make all employees aware of it. this would give the parties to handle the scenario in a justifiable manner. however these policies will have to be design considering civil and criminal law in the country.
further more the management should always maintain equal treatment of its employees disregard of their positions.
regards

From Sri Lanka
swastik73
45

Dear MBU,
The first and foremost duty of HR would be to prioritise the gravity of the offence i.e., In what category will you put Sexual Harassment.
The Second major role is to counsel everyone regarding the offense, it's redressal procedure and remedy/punishment.
Third, the whole concept of Sexual Harrasment should be neutral not gender base. A Female as well as male employee can be a victim of Sexual Harrasment. Even Gay Harrassment should be recognised. PLEASE DONOT MAKE THE OFFENSE FEMALE CENTRIC AS IT IS BOUND TO FAIL IN THE LONG RUN. HR should play an active role in attaining this.
Counselling the victim/ as well as the employee who commits the crime is a must, and HR should play it as a major role.
The last and not the least DONOT make the act an attention creator. Treat it as any other offense firmly and severely.
Regards,
SC

From India, Thane
Paladin
9

Dear MBU:

In my opinion, prevention negates the need for intervention. HR must educate the employee population as to the scope and consequences of sexual harassment or any form of discrimination, for that matter.

Education is the key. What may be perceived as sexual harassment by some may seem as natural interaction between two people. The issue must be clearly defined and parameters established.

In the US, The Civil Rights Act of 1964, has defined “sexual harassment” as “unwelcome sexual advances, requests for sexual favors, and other

verbal or physical contact of a sexual nature constitutes illegal sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with en individual’s work performance or creates an intimidating, hostile or offensive work environment.”

The “victim” may be a man or a woman. The “victim” does not have to be of the opposite sex., nor does the “victim” have to be the person harassed, but someone nearby who was negatively affected by the behavior/ situation.

The “harasser” may be the employee’s supervisor, other member of management, a co-worker, an agent of the employer, a vendor, or any other non-employee.

Sexual Harassment may occur even though there is no economic injury (impact on wages/salary) to or discharge (forced resignation) of the “victim”

The “harasser’s” must be informed by the “victim” that the conduct is unwelcome and the harasser should therefore “cease and desist”. The victim should inform the harasser that if the conduct does not stop, further steps will be taken, I.e. conduct will be reported to management. (At this point management has a legal as well as a moral obligation to investigate the charges and to diffuse the situation.)

The following represents some guidelines for a Sexual Harassment Policy:

Understand Sexual Harassment

* Any unwelcome sexual activity ties to employment decisions or benefits is sexual harassment. "Sexual Harassment may include, but not limited to, jokes, vulgar language, sexual innuendos, sexual gestures, physical grabbing, pinching, or rubbing against, other unwelcome or offensive physical touching or contact, and pornographic pictures, books, magazines and the like.

* Every sexual harassment charge is extremely serious. You and your company can be held liable for the conduct of your employees and non-employees who engage in sexual harassment, even where “victims” comply with unwelcome sexual advances.

* Realize that sexual harassment knows no bounds. Men as well as women may be sexually harassed by the same or opposite sex, by

members of management, co-workers, or non-employees.

If the harasser is not a member of management, who can affect employment decisions and/or benefits, the harassment constitutes a “hostile work environment”, representing a significant change in the terms and conditions of employment.

What can be done?

COMMUNICATE POLICY:

The CEO should issue a written policy against sexual harassment, and discrimination in general.

Provide a clear definition of sexual harassment using examples of inappropriate Behavior.

Review the Policy with all employees (from CEO to janitor) at inception and at least yearly thereafter. Document presentations. Include as part of Orientation of new employees (have them acknowledge by signature that they have been provided a copy of the Policy and have read and

understand it.).

ESTABLISH PROCEDURES:

Appoint a Senior Corporate Officer to oversee implementation of the Policy.

Designate a Personnel Officer or other appropriate Manager to receive sexual harassment/discrimination allegations/complaints.

Outline procedures to be used to report any sexual harassment/ discrimination, including alternative routes for filing allegations/complaints.

Keep all sexual harassment/discrimination allegations/complaints confidential.

Train supervisors and managers to recognize and prevent sexual harassment/ discrimination.

ENFORCE POLICY:

Encourage employees to report any incidents of sexual harassment/

discrimination without fear of reprisal.

Investigate all allegations of sexual harassment/discrimination quickly and thoroughly, while safeguarding the rights of the accused.

Maintain accurate records of the investigation, discovery of facts and evidence, statements of witnesses (pro and con), and findings.

Where sexual harassment is found, take immediate, appropriate action against any employee (from President to Janitor), or non-employee (customer, vendor, visitor) found to have engaged in sexual harassment/ discrimination.

Hope this is of some help.

PALADIN

From United States,
cami
hi am thinking of starting my project on sexual harassment in delhi university campus. so am trying to come with questionnaires. care to help me out with it as am quite green in this matter. deadline's nearing! thanx!
From India, Delhi
ashimaincrove
Dear All,
Greetings!
We are conducting open house training program on "Sexual Harassment at Workplace" at Indian International Center, New Delhi on November 23rd 2012.
Companies/ Individuals / NGO's have the best opportunity to gather relevant information about the Topic.
For further details, kindly contact at 9717210372.
Regards
Ashima
in_cr_ove TQM School

From India, Ghaziabad
hopegovind
87

I think following article will help you to understand on handling such issue and understand
Govind's blog for HRM, Business knowledge and career counselling based on experience: Analysis of Phaneesh Murthy and similar other case, sexual harassment policy in the organisation and crisis management

From India, Mumbai
Shah Aarya
1

Dealing with an harassment complaint be it sexual,verbal or mental needs to be strategic. Mitigating the situation with least possible damage should be your number one priority . You can refer to this informative step by step guide to deal with an harassment complaint - https://quikchex.in/deal-harassment-complaint/ as an HR.
From India, Mumbai
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