Wednesday, June 26, 2013

WOMAN SPECIAL...SEXUAL HARASSMENT AT WORKPLACE NO ROOM FOR TOLERANCE


SEXUAL HARASSMENT AT WORKPLACE NO ROOM FOR TOLERANCE 

ONLY A FEW EMPLOYEES KNOW WHAT CONSTITUTES ‘HARASSMENT’. KEY MEMBERS OF THE ‘WoMentoring Committee’ (AN NHRDN INITIATIVE) STATE WHY DESPITE THE SOCIAL STIGMA ATTACHED TO THE WORD, STAYING MUM MAY NOT BE THE BEST OPTION 

    India finally enacted its law on prevention of sexual harassment against female employees at the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Sexual Harassment Act) has been made effective on April 23, 2013 by way of publication in the Gazette of India.
The ambit of the Sexual Harassment Act is very wide and applicable to the organised sector as well as the unorganised one. As per the Act, a workplace also covers within its scope places visited by employees during the course of employment or for reasons arising out of employment - including transportation provided by the employer. However, this Act is not gender-neutral – it caters only to the female gender.
    The statute has been enacted almost 16 years after the Supreme Court of India, in its landmark judgment in the Vishaka and others v/s State of Rajasthan (Vishaka Judgement) case, laid down guidelines making it mandatory for every employer to provide a mechanism to redress grievances pertaining to workplace sexual harassment and enforce the right to gender equality towards working women.
    If you believe that you are a victim of sexual harassment at the workplace, don’t ignore the problem. Talking about sexual harassment can be uncomfortable, but you must speak up. In fact, it is essential that each individual should seek help from family and friends. It is vital to create a support network once the incident has occurred or while it is being reported. Although it can be uncomfortable or even frightening to object, you must tell the harasser unequivocally to stop the behaviour. Keep any notes, memos, letters, gifts or other tangible evidence from the harasser. And keep a diary or notes of any incidents or other information that may be relevant to your concerns.
    Often, due to ignorance, the cases are either ignored, brushed under the carpet or mismanaged. Reporting sexual harassment may feel threatening and disruptive, but it gives your employer an opportunity to correct the problem, i.e. make the harassment stop; and if the conduct does not abate, you have proof that your employer knows about the problem. Revisit any employee manuals or policies that have been distributed or posted by your employer. Most established employers have specific sexual harassment policies that spell out to whom you should go to complain. If your employer does not have a sexual harassment policy, complain to someone you believe has the authority to address the problem such as the president of the company, the head of HR or some other high-level executive. Harassment is against the law. You do not have to endure a hostile work environment; your employer is legally required to make it stop. Don’t just quit to get away. You might have a valid harassment claim, but don’t use that as an excuse to stop doing your job well.
IN EVERY ORGANISATION,THE HUMAN RESOURCE DEPARTMENT NEEDS TO PLAY A KEY ROLE IN CURBING HARASSMENT AT WORK BY : Defining a policy on prevention of harassment and implementing it at all office locations; Displaying conspicuously at the workplace the penal consequences of indulging in acts that may constitute harassment and the composition of the Internal Complaints Committee; Organising workshops and awareness programmes for sensitising employees on the implications of the same and organising orientation programmes by the members of the Internal Complaints Committee; Providing emotional support, so that the incident(s) can be dealt with in the best possible manner.
The authors are Sonali Roychowdhury,head,HR, P&G India; Marcel R Parker,director & chief mentor,IKYA Human Capital Solutions Pvt Ltd and Mona Cheriyan,director,HR, ASK Investment Managers Pvt Ltd. The National HRD Network (NHRDN) Mumbai Chapter started its journey to leverage gender diversity in corporate India through an initiative called ‘WoMentoring’in March 2012
TAS 130626


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