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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