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
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From Kenya
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Hi,
HR personnel in an organization will not be able to, or as a matter of fact, any manager or employer cannot detect sexual harassment unless somebody blows the whistle. However, sexual harassment could be dealt with or regarded as a grievance matter of high priority. The role of HR should be to devise proper policies on such issues and make all employees aware of it. This would enable the parties to handle the scenario in a justifiable manner. However, these policies will have to be designed considering civil and criminal law in the country.
Furthermore, the management should always maintain equal treatment of its employees regardless of their positions.
Regards
From Sri Lanka
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1HR personnel in an organization will not be able to, or as a matter of fact, any manager or employer cannot detect sexual harassment unless somebody blows the whistle. However, sexual harassment could be dealt with or regarded as a grievance matter of high priority. The role of HR should be to devise proper policies on such issues and make all employees aware of it. This would enable the parties to handle the scenario in a justifiable manner. However, these policies will have to be designed considering civil and criminal law in the country.
Furthermore, the management should always maintain equal treatment of its employees regardless of their positions.
Regards
From Sri Lanka
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Dear MBU,
The first and foremost duty of HR would be to prioritize the gravity of the offense, i.e., in what category will you put Sexual Harassment. The second major role is to counsel everyone regarding the offense, its redressal procedure, and remedy/punishment.
Third, the whole concept of Sexual Harassment should be neutral, not gender-based. A female as well as a male employee can be a victim of Sexual Harassment. Even Gay Harassment should be recognized. PLEASE DO NOT MAKE THE OFFENSE FEMALE-CENTRIC AS IT IS BOUND TO FAIL IN THE LONG RUN. HR should play an active role in attaining this.
Counseling 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, DO NOT make the act an attention creator. Treat it as any other offense firmly and severely.
Regards,
SC
From India, Thane
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The first and foremost duty of HR would be to prioritize the gravity of the offense, i.e., in what category will you put Sexual Harassment. The second major role is to counsel everyone regarding the offense, its redressal procedure, and remedy/punishment.
Third, the whole concept of Sexual Harassment should be neutral, not gender-based. A female as well as a male employee can be a victim of Sexual Harassment. Even Gay Harassment should be recognized. PLEASE DO NOT MAKE THE OFFENSE FEMALE-CENTRIC AS IT IS BOUND TO FAIL IN THE LONG RUN. HR should play an active role in attaining this.
Counseling 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, DO NOT make the act an attention creator. Treat it as any other offense firmly and severely.
Regards,
SC
From India, Thane
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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,
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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,
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Hi, I am thinking of starting my project on sexual harassment in Delhi University campus. So, I am trying to come up with questionnaires. Care to help me out with it as I am quite green in this matter. The deadline is nearing! Thanks!
From India, Delhi
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From India, Delhi
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Dear All,
Greetings!
We are conducting an open house training program on "Sexual Harassment at Workplace" at Indian International Center, New Delhi on November 23rd, 2012. Companies/Individuals/NGOs 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
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Greetings!
We are conducting an open house training program on "Sexual Harassment at Workplace" at Indian International Center, New Delhi on November 23rd, 2012. Companies/Individuals/NGOs 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
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I think the following article will help you understand how to handle such issues and gain insight into:
Govind's blog for HRM, Business knowledge, and career counseling based on experience: Analysis of Phaneesh Murthy and similar cases, sexual harassment policy in the organization, and crisis management.
You can access the article at [Govind's Blog for HRM](http://speakhr.blogspot.in/2013/05/analysis-of-phaneesh-murthy-and-similar.html).
From India, Mumbai
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Govind's blog for HRM, Business knowledge, and career counseling based on experience: Analysis of Phaneesh Murthy and similar cases, sexual harassment policy in the organization, and crisis management.
You can access the article at [Govind's Blog for HRM](http://speakhr.blogspot.in/2013/05/analysis-of-phaneesh-murthy-and-similar.html).
From India, Mumbai
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Dealing with a harassment complaint, be it sexual, verbal, or mental, needs to be strategic. Mitigating the situation with the least possible damage should be your number one priority. You can refer to this informative step-by-step guide to deal with a harassment complaint - https://quikchex.in/deal-harassment-complaint/ as an HR.
From India, Mumbai
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From India, Mumbai
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Sexual Harassment Prevention - Legal Obligations of Employers.pdf
4-Prevention Of Sexual Harassment at the Work Place.doc