Sexual Harassment at the Workplace – Rights and Privileges to Protect Female Employees
Recent events at a global ride sharing giant, a Silicon Valley based venture fund and seed accelerator, and closer home at an online digital entertainment channel, all point to the reality of sexual harassment at the workplace – and the deep embarrassment and damage it creates to the organisational leadership, stakeholders and employees.
Needless to mention, sexual harassment in organisations can cause deep negative market and employer brand reception as well as reputational damage, and resurrecting the brand image could take significant time and costs. It is essential that companies take a highly vigilant view and maintain rigorous measures to prevent sexual harassment at their workplace.
Understanding Sexual Harassment
Sexual harassment at the workplace can occur in several forms and equally affects individuals across both sexes. It primarily constitutes an attack on an individual’s sense of modesty, dignity, and safety at the workplace and is mostly observed along the following situations –
1. Quid Pro Quo Sexual Harassment
When a designated senior/ supervisor determines a condition to an employee, requiring him/her to deliver a sexual favour in return for a work-related favour such as better pay, promotion etc.
2. Creating hostile work conditions
When a designated senior/ supervisor threatens or offends an employee by subjecting him/her to certain acts of sexual nature including:
– Sexual pranks, sexual teasing, sharing jokes, pornographic content or material in person or via e-mail
– Demanding or requesting for a sexual favour
– Suggesting or making an advance, either verbally or non-verbally
– Touching, grabbing, pinching, cornering etc.
When subject to sexual harassment, individuals can feel physically and mentally threatened, impacting their engagement at the workplace in many ways. The individual may feel very troubled/disengaged and not perform to his/her fullest potential causing productivity issues and losses to the organisation.
Sexual Harassment Laws in India
In the Indian context, cases of sexual harassment at the workplace are more widely reported in the context of female employees. The Government has taken steps to prevent such occurrences by drafting the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013 and instituted the Vishaka Guidelines to prevent workplace harassment and grant women safe redressal.
Aside from recognising the varied forms of sexual harassment and threat to female employees, the Act further mandates specific compliance measures that are binding on all employers. Organisations failing to adhere with the compliance measures can be fined up-to Rs. 1,00,000/- and risk cancellation of their license to carry out their business or service.
The compliance requirements on the employer are designed to create a systematic approach to monitor and implement safe work practices, and protect female employee interests through specific rights. Broadly, the measures include –
1. Drafting and implementing a Sexual Harassment Policy, which clearly –
– recognises varied forms of sexual harassment at the workplace,
– mandates the setup of an Internal Complaints Committee (ICC) with a female Presiding Officer holding a prominent designation and more than 50% female members,
– and defines the procedure for enquiry, prosecution, trial, settlement and resolution of complaints.
2. Sensitising all employees both male and female, through orientation programmes and educating them on what constitutes sexual harassment at the workplace and repercussions in case of offence.
3. Establish a robust security system and install cameras around all workspaces including cabins and corridors in the office.
Rights and Privileges granted to female employees
The Vishaka Guidelines is applicable only to female employees and grants specific rights and privileges to protect them from sexual harassment at the workplace, and guarantees safe and timely redressal in case of an offence. Broadly, it ensures that –
– The law is applicable equally to all female employees including those working as “domestic workers, daily wagers, temporary or permanent, full-time or part-time, and volunteers”. Importantly, the definition includes women who may or may not be employed and of any age.
– The Act remains applicable regardless of whether the harassment occurs at the workplace or while visiting a place arising from, or related to the employment, including transportation arranged by the employer.
– All employers set up the ICC to address sexual harassment issues and complaints, and all Districts set up a Local Complaints Committee where female employees can file their complaints.
– Aggrieved female employees can choose to file their complaint at any time within three months of the occurrence of the incident, or even later, if permitted by the ICC.
– The ICC completes its inquiry within 90 days from the date of filing of the complaint.
– An option remains available ONLY for the aggrieved female employee to request for a conciliation through settlement. However, monetary compensation can not form the basis of a settlement.
– The aggrieved employee stays protected and her inability to prove an allegation will not constitute a false/malicious complaint.
– Identities of the aggrieved employee(s), respondents and witnesses and all other details relating to the complaint is not published or disclosed to the public/media.
How can organisations get involved?
As employers, organisations can get involved in significant ways to ensure they offer their employees safe work spaces. It is essential they develop initiatives to sensitise everyone on preventing sexual and gender based harassment issues.
These include-
– Conducting educational workshops on sexual harassment and preventive measures.
– Educating all employees on their rights to stay protected from sexual harassment at the workplace.
– Creating support forums and safe channels to seek redressal in case of an offence.
– Creating a culture of respect and safety, and promoting healthy dialogue and discussion in the workplace on issues relating to sexual/ gender based harassment.
Sexual Harassment at the Workplace – Rights and Privileges to Protect Female Employees
Recent events at a global ride sharing giant, a Silicon Valley based venture fund and seed accelerator, and closer home at an online digital entertainment channel, all point to the reality of sexual harassment at the workplace – and the deep embarrassment and damage it creates to the organisational leadership, stakeholders and employees.
Needless to mention, sexual harassment in organisations can cause deep negative market and employer brand reception as well as reputational damage, and resurrecting the brand image could take significant time and costs. It is essential that companies take a highly vigilant view and maintain rigorous measures to prevent sexual harassment at their workplace.
Understanding Sexual Harassment
Sexual harassment at the workplace can occur in several forms and equally affects individuals across both sexes. It primarily constitutes an attack on an individual’s sense of modesty, dignity, and safety at the workplace and is mostly observed along the following situations –
1. Quid Pro Quo Sexual Harassment
When a designated senior/ supervisor determines a condition to an employee, requiring him/her to deliver a sexual favour in return for a work-related favour such as better pay, promotion etc.
2. Creating hostile work conditions
When a designated senior/ supervisor threatens or offends an employee by subjecting him/her to certain acts of sexual nature including:
– Sexual pranks, sexual teasing, sharing jokes, pornographic content or material in person or via e-mail
– Demanding or requesting for a sexual favour
– Suggesting or making an advance, either verbally or non-verbally
– Touching, grabbing, pinching, cornering etc.
When subject to sexual harassment, individuals can feel physically and mentally threatened, impacting their engagement at the workplace in many ways. The individual may feel very troubled/disengaged and not perform to his/her fullest potential causing productivity issues and losses to the organisation.
Sexual Harassment Laws in India
In the Indian context, cases of sexual harassment at the workplace are more widely reported in the context of female employees. The Government has taken steps to prevent such occurrences by drafting the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013 and instituted the Vishaka Guidelines to prevent workplace harassment and grant women safe redressal.
Aside from recognising the varied forms of sexual harassment and threat to female employees, the Act further mandates specific compliance measures that are binding on all employers. Organisations failing to adhere with the compliance measures can be fined up-to Rs. 1,00,000/- and risk cancellation of their license to carry out their business or service.
The compliance requirements on the employer are designed to create a systematic approach to monitor and implement safe work practices, and protect female employee interests through specific rights. Broadly, the measures include –
1. Drafting and implementing a Sexual Harassment Policy, which clearly –
– recognises varied forms of sexual harassment at the workplace,
– mandates the setup of an Internal Complaints Committee (ICC) with a female Presiding Officer holding a prominent designation and more than 50% female members,
– and defines the procedure for enquiry, prosecution, trial, settlement and resolution of complaints.
2. Sensitising all employees both male and female, through orientation programmes and educating them on what constitutes sexual harassment at the workplace and repercussions in case of offence.
3. Establish a robust security system and install cameras around all workspaces including cabins and corridors in the office.
Rights and Privileges granted to female employees
The Vishaka Guidelines is applicable only to female employees and grants specific rights and privileges to protect them from sexual harassment at the workplace, and guarantees safe and timely redressal in case of an offence. Broadly, it ensures that –
– The law is applicable equally to all female employees including those working as “domestic workers, daily wagers, temporary or permanent, full-time or part-time, and volunteers”. Importantly, the definition includes women who may or may not be employed and of any age.
– The Act remains applicable regardless of whether the harassment occurs at the workplace or while visiting a place arising from, or related to the employment, including transportation arranged by the employer.
– All employers set up the ICC to address sexual harassment issues and complaints, and all Districts set up a Local Complaints Committee where female employees can file their complaints.
– Aggrieved female employees can choose to file their complaint at any time within three months of the occurrence of the incident, or even later, if permitted by the ICC.
– The ICC completes its inquiry within 90 days from the date of filing of the complaint.
– An option remains available ONLY for the aggrieved female employee to request for a conciliation through settlement. However, monetary compensation can not form the basis of a settlement.
– The aggrieved employee stays protected and her inability to prove an allegation will not constitute a false/malicious complaint.
– Identities of the aggrieved employee(s), respondents and witnesses and all other details relating to the complaint is not published or disclosed to the public/media.
How can organisations get involved?
As employers, organisations can get involved in significant ways to ensure they offer their employees safe work spaces. It is essential they develop initiatives to sensitise everyone on preventing sexual and gender based harassment issues.
These include-
– Conducting educational workshops on sexual harassment and preventive measures.
– Educating all employees on their rights to stay protected from sexual harassment at the workplace.
– Creating support forums and safe channels to seek redressal in case of an offence.
– Creating a culture of respect and safety, and promoting healthy dialogue and discussion in the workplace on issues relating to sexual/ gender based harassment.
