SEXUAL HARASSMENT

Prepared by :PraveenKumar Keskar,1SY11MBA03S.I.T PGDMS & RC,Tumkur.

Synopsis

1) Definition

2) Causes

3) Impact

4) Laws

5) Managing Sexual Harassment

6) Companies with Best Sexual Harassment Policies

7) Live Example

Definition

“Unwelcome sexual advances, request for sexual favours, and

other verbal or physical conduct of a sexual nature constitute sexual

harassment when this explicitly or implicitly affects an individual’s

employment, unreasonably interferes with an individual work

performance, or creates an intimidating, hostile or offensive work

environment”•U.S. Equal Employment Opportunity Commission

Causes of Sexual Harassment

1) Socialisation: The way in which men and women were brought up to

see themselves and others strongly influences their behaviour. Various

viewpoints could create a climate that allows sexual harassment

2) Power games: Some men feel threatened by the career advancement

of women Other men who have recently gained positions of power

(possibly after decades of discrimination) may also try to prove

themselves by harassing women subordinates.

3) Moral values, divorce and cultural differences: The prevalence of

marital stress and divorce in our society cultural differences about what

is, or isn't, acceptable in our rapidly-changing society could make them

vulnerable to sexual harassment.

4) Credibility and victim-blaming: The credibility (The quality of

being believable or trustworthy) of the victim is often called into

question, as it is usually her word against that of the harasser/s.

5) Aggressiveness or bravado: Men in groups often behave

differently from how they would as individuals. This can explain

some of the "gang harassment" that occurs when a woman enters

a plant.

6) Lack of company policy

Impact of Sexual Harassment on Job Performance & Individual

1) Loss of confidence in superiors,

2) Deteriorating relationships with co-workers,

3) Increased absenteeism,

4) Increased turnover.

5) Decreases in productivity and worker longevity inevitably lead to

monetary losses for the organization.

6) Costs associated in hiring new employees to replace those who

leave due to sexual harassment experiences.

7) costs associated with litigation regarding sexual harassment,

8) And finally costs required for management and minimization of

damage to organizational reputation through public relations.

LAWS ON SEXUAL HARASSMENT

1) Laws under Indian Penal Code (IPC)

i. Section 209: Obscene acts and songs, to the annoyance of others like: does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place.

ii. Section 354: Assault or use of criminal force on a woman with intent to outrage her modesty. Punishment: 2 years imprisonment or fine, or both

iii. Section 376: Rape. Punishment: Imprisonment for life or 10 years and fine

iv. Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman. Punishment: Imprisonment for 1 year, or fine, or both. (Cognisable and bailable offense)

2) The Indecent Representation of Women (Prohibition) Act (1987)If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing ‘indecent representation of women’; they are liable for a minimum sentence of two years.

3) The prohibition of sexual harassment of women at workplace bill, 2010.

This Act may be called the Prohibition of sexual harassment of women at workplace bill, 2010. It extends to the whole of India except the State of Jammu and Kashmir. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

4) Central Civil Service (Conduct) Rules, 1964

Section No: Actions Punishment:

209

Obscene acts and songs, to the annoyance of others like: Does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place

Imprisonment for a term up to 3 months or fine, or both. (Cognisable, bailable and triable offense)

354Assault or use of criminal force on a woman with intent to outrage her modesty.

2 years imprisonment or fine, or both

376 Rape Imprisonment for life or 10 years and fine

509Uttering any word or making any gesture intended to insult the modesty of a woman

Imprisonment for 1 year, or fine, or both. (Cognisable and bailable offense)

The Indecent Representation of Women (Prohibition) Act (1987)

Although it is not known to have been used in cases of sexual harassment, the provisions of this act have the potential to be used in two ways: If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc., containing ‘indecent representation of women’; they are liable for a minimum sentence of 2 years A ‘hostile working environment’ type of argument can be made under this act. Section 7 (Offences by Companies) - holds companies where there has been ‘indecent representation of women’ (such as the display of pornography) on the premises guilty of offenses under this act

Minimum sentence of 2 years

LAWS ON SEXUAL HARASSMENT (Contd….)

MANAGING SEXUAL HARASSMENT

1) Say “No” ClearlyTell the person that his/her behaviour offends you. Firmly refuse all invitations. If the harassment doesn’t end promptly, write a letter asking the harasser to stop and keep a copy

2) Write Down What HappenedAs soon as you experience the sexual harassment, start to write it down. Write down dates, places, times, and possible witnesses to what happened. If possible, ask your co-workers to write down what they saw or heard, especially if the same thing is happening to them.

3) Report the HarassmentTell your supervisor, your human resources department or some other department or to any person within your organization who has the power to stop the harassment. If possible, tell them in writing. Keep a copy of any written complaint you make to your employer.

4) Start a Paper TrailWhen you report the sexual harassment to your employer, do it in writing. Describe the problem and how you want it fixed. This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer.

5) Use the Grievance Procedure at WorkMany employers and schools have policies for dealing with sexual harassment complaints. You may be able to resolve the problem through this process.

6) Involve your UnionIf you belong to a union, you may want to file a formal sexual harassment complaint through the union and try to get a shop steward or other union official to help you work through the grievance process.

7) File a lawsuit

8) To have & communicate a Clear Policy: In the employee handbook

or in some other statement of regulations, it’s necessary for all

companies to have a clearly articulated statement about sexual

harassment.

9) Train Employees about what constitutes Inappropriate

Behaviour: Just as employees need to be trained in how to

perform their jobs, they also need to be trained regarding what

constitutes appropriate and inappropriate behaviour toward

others in the workplace.

Companies with the Best Sexual Harassment Policies:

1.Ford Motor Company

2.Boston Globe

3.Johnson & Johnson

4.Bayer ( global enterprise with core competencies in the fields of health care, nutrition and high-tech materials)

5.TATA Power

This is a strange case of equal opportunity sexual harassment at a

Lowe’s in Washington. Two young men and one woman were subjected

to sexual harassment, and in one instance a sexual assault took place.

The female plaintiff (21 at the time) was taken into the office of the 44-

year-old male store manager and allegedly sexually assaulted after

weeks of being subjected to verbal and physical passes. She had also

been propositioned for sex by the same manager after she had received

a promotion. When the victim complained, she was fired along with two

other women who had tried to reach out for help regarding sexual

harassment claims.

Sexual Harassment at Lowe’s

In 2009, Lowe’s was forced to pay a $1.7 million settlement to the

victims. The EEOC also forced Lowe’s to change its sexual harassment

policies and enforcement.

EEOC Regional Attorney William R. Tamayo had this to say: “No worker,

regardless of gender or other discriminatory factors, should ever have to

endure harassment in order to earn a paycheck.” Lowe’s will now

provide comprehensive training to management, non-management and

all resource employees in sexual harassment awareness and how to do

their part in providing a safe and discrimination-free environment.

Bibliography1) http://www.indianwomenshealth.com/Harassment-Laws-188.aspx

2) http://safedelhi.jagori.org/deal-with-sexual-harassment/legal-information/

3) http://www.westerncape.gov.za/eng/pubs/guides/S/63925/3

4)http://www.twc.state.tx.us/news/efte/case_studies_in_sexual_harassment.html

5) http://www.equalrights.org/publications/kyr/shwork.asp

6) Behavior in Organisations – Greenberg & Baron – PHI Publication – Ninth Edition – Page No. 483-488