Prevention of Sexual Harassment at the workplace

Prevention of Sexual Harassment at the workplace

It is a firm belief of every organization today that every employee has a right to work in an environment free from harassment, intimidation or offensive behavior and in which issues of harassment are resolved without fear of reprisal. We should be committed to providing a healthy work environment to all our colleagues that is free from harassment and encourages mutual respect and courteous relationships, among all. We all should follow a gender-neutral policy and anyone facing harassment irrespective of their gender can raise complaint without fear. It is important for you to gain a clear understanding of sexual harassment, appropriate and inappropriate behaviors. As a working professional you should be able to;

• Identify different types of sexual harassment
• Identify different behaviors through such scenarios
• Know your role in case you face such a situation
• Become familiar with the policy and laws

What is sexual harassment at work place?

Sexual Harassment takes a toll on the person on whom it is being inflicted upon. The chances are high that in your career you would have come across cases of Sexual harassment, never being able to comprehend it fully. How to react to it, how to reach out for help? What is the extent to which any person can exercise his or her freedom of speech or his or her action without being termed as sexually harassing someone?

The Sexual Harassment of Women at the workplace Act, 2013 states that "sexual harassment" includes any one or more of the following unwelcome acts or behavior whether direct or indirect:

• Physical contact and advances or 

• A demand or request for sexual favors or 

• Making sexually colored remarks or 

• Showing pornography or 

• Any other unwelcome conduct 

A workplace is defined as – “anytime and anywhere” – work premises and work- related sites, including off-site work location, business trip locations, conventions, office party and even social media sites where co-workers connect. 

Where can sexual harassment happen?

• It can happen via personal or official email ID

• It can happen on any social media platform like SMS, Whatsapp, FaceBook, Twitter, LinkedIn, Instagram and so on.

Sexual harassment can occur between any two people who work together, anytime or anywhere.

Types of sexual harassment at work place

There are primarily two types of sexual harassment;

• Quid Pro quo - means “This for That.” Which means, "You give me something, I give you something in return.”  For instance, promotion in return of sexual favours.
• Hostile work environment - This kind of sexual harassment is repeated unwanted acts of sexual or gender-based, discriminatory behavior that has a negative impact on workplace behavior.

What qualifies as sexual harassment?

In sexual harassment perception also counts not just the intention. Like, an adult joke or friendly squeeze on the arm of a colleague or a pat on the back, not realizing that the receiver may feel offended could be an innocent act by someone without any ulterior motive. Nonetheless, do note that harassment is defined by the victim. Hence, even a friendly squeeze on the arm or a pat on the back can be construed as sexual harassment. Also note that even a first-time squeeze of the arm and pat on the back can be construed as sexual harassment.

Sexual harassment begins with whether the behavior of one colleague was found offensive by another and whether this behavior was unwelcome. 

Typically, there are four major criteria for Sexual Harassment which could help as thumb rules.The occurrence of any one of the below criteria qualifies for a Colleague to feel sexually harassed:

• FREQUENCY of the unwelcome actions
• SEVERITY of the unwelcome actions
• LEVEL OF THREAT and humiliation
• DEGREE TO WHICH IT AFFECTS recipient's work environment

Sometimes, harassment is committed by third party people who aren't your company employees. They could be clients, customers, vendors, or independent contractors. This kind of harassment is also called Third-Party Sexual Harassment.

For example, if a delivery driver asks the company receptionist to go out for lunch, that wouldn't be sexual harassment. But if the same driver asks the secretary or receptionist out repeatedly and refuses to take no for an answer, uses flirt language and comments on her appearance each time he makes a delivery, that would be considered crossing the line. Similarly, if a client repeatedly touched an employee on the arm while having a business, despite her requests that he stop, that would be harassment. 

If a colleague overhearing the joke feels uncomfortable and thinks that such joke telling is making the office atmosphere hostile, they have a right to report this as a sexual harassment. It is known as bystander harassment. An aggrieved can be anyone who is affected by the offensive conduct.

Your role as a professional or colleague

We all have a bigger role in this subject matter. It is our responsibility to;

• Create a respectful working environment

• Understand the company policy & law

• Have no tolerance to any inappropriate behavior

• Always lead by example

• Act promptly & immediately forward the complaint received to the member of sexual harassment committee.

• Maintain confidentiality & do not discuss the matter with other Colleagues

Each one of us is responsible for promoting and enforcing a workplace of dignity and must take every action necessary to prevent and stop inappropriate behaviors. As a working professional, we all will need to act promptly if such incidents come to attention.  You have to be well aware of the organization’s policies and have an understanding on prevention of sexual harassment at work place. And in case of any doubt, you can talk to any Internal Committee or HR team member.

Always beware; no reason justifies the action of Sexual Harassment. As a Colleague or as a professional you should be informed about your responsibilities at all times and in case you see or face such situations then you should not hesitate in raising it up. Not being aware is not an excuse!

Remember - Creating a healthy, safe and non-hostile work atmosphere at your work place is the responsibility of each and every one of us. As working professionals, we should be able to function in a secure and stress-free environment.