Module 2

MODULE 2
DEALING WITH AND IMPROVING PERSONAL CONDUCT IN AN

ORGANISATION

Many times, effecting good policies also means changing the way people think
within an organisation and sensitizing them to the issues at hand. It also means
having the clarity regarding what rights and duties they have.

2.1 WORKPLACE SEXUAL HARASSMENT

Each day a number of persons face both obvious and subtle forms of sexual
harassment. There is no place of sexual harassment at workplace. Unfortunately, in
many organisations, even today it remains the ugly fact of life. Power can be
dangerous in the hands of the wrong person. That is especially true in workplace
sexual harassment cases, where the abuse leads to dreadful results. Workplace
harassment, in simple words, can be understood as engaging in vexatious comments
or conduct against a worker that is unwelcomed.

Sexual harassment at workplace consists of a broad range of behaviours, physical
and non-physical, and occurs through a variety of different mediums (eg in person,
through social media).1 It may involve the abuse of seniority of position or status
within the organization. In the workplace, the harasser can be anyone- victim's

1
‘Working without fear: Results of the Sexual Harassment National Telephone Survey (2012)’
<https://humanrights.gov.au/our-work/sex-discrimination/chapter-5-working-without-fear-results-sexual-
harassment-national>

supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a
non-employee, client.

2.2 EFFECTS

It may be a one-off incident or consist of a course of behaviour and it may affect the
people harassed in different ways.2 Sexual harassment has been recognized as a
continuing, chronic occupational health problem in many of today’s working
environment. Generalized discrimination has been shown to have as large an
influence on the population’s mental health as many of the more commonly studied
stressors.3 Being sexually harassed can devastate a person’s psychological health,
physical well-being and vocational development. Common reactions include:

● Self blame
● Feeling numb, dirty or afraid
● Anger and outrage
● Mistrust and fear of men
● Confusion and a feeling of vagueness and unreality
● Depression
● Frustration
● Insecurity
● Embarrassment
● Shame
● Self-consciousness
● Low self-esteem
● Guilt

2 ibid.
3 M. Bell, J. Quick and C. Cycyota, ‘Assesment and prevention of sexual harassment: Creating healthy organisations’
international Journal of Selection and Assessment 10 (2002), 160–167.

● Dermatological reactions
● Weight fluctuations
● Sleep disturbances, nightmares
● Phobias, panic reactions
● Sexual problems
● Unfavourable performance evaluations
● Absenteeism
● Withdrawal from work
● Change in career goals

2.3 DETERMINATION

The next important question is how can it be determined whether a conduct is
sexual harassment or not? According to advocate Karuna Nundy, you know it when
you see it. She says a woman's feeling of discomfort is the deciding factor. For
example: ‘You look good’ may not be a sexual comment, but ‘You look hot’ may
be.4 To determine whether it would be considered sexual harassment, the severity,
circumstances, and frequency of the conduct in question must be taken into
account. If the conduct is severe or pervasive enough to create an environment that
a "reasonable person" would find hostile or abusive, and the victim perceives the
environment as hostile or abusive, then the conduct is considered sexual
harassment. For example, if a male colleague asks a female colleague for a date, in
a friendly manner, this alone would not be considered sexual harassment. However,
if he persists, and his behavior becomes pervasive enough to detract from her job
performance, it may become sexual harassment. Some conduct could be considered

4 ‘Sexual harassment at workplace is a subjective but unacceptable experience’
<http://www.hindustantimes.com/india-news/sexual-harassment-at-workplace-is-a-subjective-but-unacceptable-
experience/article1-1157698.aspx>

sexual harassment the first time it occurs. For example, if a male supervisor
suggests even once that a female subordinate can get a raise if she provides sexual
favors, and this suggestion is perceived by the female subordinate to be serious,
this could be considered sexual harassment. Harassment must be viewed in its
totality. Mere discourtesy, rudeness or lack of sensitivity should not be confused
with harassment. Another important deciding factor is consent and that the act
should be unwelcomed.

2.4 MYTHS AND MISCONCEPTIONS

One has to understand that to foster a healthy work environment, one has to
illuminate people about reality and myths. Effective workshops, training
programmes for the people in the organisation can go a long way in achieving this
aim. Social norms shape our attitudes, beliefs and behaviours. They influence our
intuitive understanding of what is acceptable and what is not. Our social norms
contribute to, and are reinforced by, a general misunderstanding of sexual
harassment. We have come far in our journey as a society to understand abuses and
different types of exploitation that plague the human family. However, there are still
so many misconceptions and myths that serve the purpose only to be judgments and
blame that fall upon those who have been abused or victimized.5 Generally sexual
harassment is a sexually oriented conduct that may endanger the victim’s job,
negatively affect the victim’s job performance or undermine the victim’s personal
dignity, but is not limited to that. These myths downplay the seriousness of sexual
violence and confuse our understanding of consent. They are pervasive and influence
how sexual violence is understood by victims, perpetrators, their families and
friends, service providers and the general public. They contribute to a social context

5 Understanding The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
2013 (05/12/2013) by Dr.Bismi Gopalakrishnan.

in which survivors are reluctant to report, blame themselves for what happened and
worry that they won't be believed. They create a climate of victim-blaming in which
perpetrators are excused for their actions.

MYTH 1: MOST SEXUAL HARASSMENT IS JUST HARMLESS FLIRTING

Flirting is mutually consensual behaviour in which both parties willingly engage in
the interaction. If one party finds the other’s behaviour offensive, but the other party
persists it, this constitutes sexual harassment. This bullying behaviour is used by
harassers to intimidate and humiliate their victims.6

MYTH 2: ONLY WOMEN ARE SEXUALLY HARASSED, THIS DOES NOT
HAPPEN TO MEN. ALL HARASSERS ARE MALE7

While most sexual harassment is perpetrated by men against women, there are also
cases of harassment by women against men and cases of same sex harassment.
Anyone, regardless of gender, can be the victim of harassment or a harasser. Sexual
harassment can be between people of the same gender or different genders.

MYTH 3: SUCCESSFUL AND RESPECTED MEN DO NOT HARASS WOMEN8

Sexual harassment often happens when there is a power disparity between the two
individuals involved. The harasser could be anybody – older or younger, single or
married, of the same or from a different ethnic background, and of the same or
different gender. Sex offenders come from all walks of life and ethnic backgrounds,
sex, and age. Do not let your guard down on first impressions.

6 ‘Debunking the Myths’ <http://www.aware.org.sg/ati/wsh-site/2-myths/>
7 ibid.
8 ibid.

MYTH 4: ALL HARASSERS HOLD SENIOR POSITIONS TO THEIR VICTIMS9

While sexual harassers are often in a position of power, cases of harassment by co-
workers are very common. There are also instances of subordinates sexually
harassing superiors, as well as harassment by clients perpetrated during work-related
activities. Sexual harassment can occur between peers, as well as between
individuals in a hierarchical relationship.

MYTH 5: PEOPLE HARASS OTHERS BECAUSE THEY ARE SEXUALLY
ATTRACTED TO THEM10

Sexual harassment is NOT about sex. In many cases, it is largely about control and
domination. Hence, in most cases, not being intimidated by the harassment and
telling the harasser to stop is the most effective response.

MYTH 6: SOME WOMEN ‘ASK’ TO BE HARASSED BY DRESSING OR
ACTING PROVOCATIVELY11

This is an attempt to shift the blame to the victim, which is neither acceptable nor
accurate. Women do NOT ask for unwanted attention. Studies have shown that
women who dress conservatively are just as likely to be sexually harassed. No one
"asks" to be assaulted. In addition, when most attackers decide to assault someone,
how they are dressed is of little consequence.12

MYTH 7: TALKING ABOUT ONE’S SEXUAL EXPLOITS AT WORK IN A
GRAPHIC WAY IS NOT SEXUAL HARASSMENT13

9 ibid.
10 ibid.
11 ibid.
12 ‘Myths About Sexual Assault- It's Never the Victim's Fault’ by Charles Montaldo
13 ‘Debunking the Myths’ <http://www.aware.org.sg/ati/wsh-site/2-myths/>

Sharing one’s sexual exploits at work may be offensive and unwelcome by co-
workers, and could constitute sexual harassment, even though it may not be directed
at a particular individual. Sexual harassment does not need to have a physical
component. Talking is not a necessary part of sexual harassment. Even if a person
intends their conduct to be flattering, it may still be offensive to others. Even though
a person intends their conduct to be funny, it may still be offensive to others.

MYTH 8: SEXUAL HARASSMENT CHARGES ARE USUALLY FALSE IN
MANY INSTANCES14

Making untrue accusations of sexual harassment and filing false charges provides
no real benefits for people. Filing sexual harassment charges can be a difficult
process, fraught with hostility. In fact, what tends to happen more often is that sexual
harassment goes unreported because victims do not want to be subject to the
difficulties and trauma of an investigation. Also, it is not uncommon for victims to
experience retaliation and backlash in the aftermath.

MYTH 9: ANY UNWELCOMED TOUCHING, SEXUAL COMMENTS OR
SEXUAL ATTENTION CONSTITUTES SEXUAL HARASSMENT15

Sexual harassment can be subjective – what makes you uncomfortable may not make
another person uncomfortable, and vice versa. Often, insignificant conduct in the
matters of personal comfort, space, cultural differences or even simple
miscommunication can be seen as sexual harassment. In such cases, the recipients
should inform the persons responsible that their behaviour is offensive or unwanted.
If the issue persists, it becomes a problem of sexual harassment.

14 ibid.
15 ibid.

MYTH 10: SEXUAL OFFENDERS COMMIT THESE CRIMES BECAUSE THEY
NEVER HAVE SEX.16

Many sex offenders are married and engage in normal sexual relations with their
partners. The reason they sexually assault their victims is because they get
gratification from intimidating, humiliating and degrading their victims

MYTH 11: THE VICTIMS SECRETLY WANT TO BE RAPED.17

Fear of one's life, or disfigurement to oneself or a loved one can immobilize anyone.
Always remember, the goal is to survive the attack. The truth is, physical resistance
is not one of the criteria for the label of sexual assault. It’s very common for
survivors to freeze during the assault. Or they might not fight back for a variety of
reasons: they may be scared for their life, or they may have been threatened if they
fight back.18

MYTH 12: NO MEANS YES/MAYBE

This is a side effect of the cinema where it’s often portrayed that if a victim is saying
no, she/he secretly wants you to not believe her/him and go on with the other
person’s intention. This myth excuses the actions of the perpetrator. Many believe
that a harasser has the right to sex if he/she buys a victim a drink, takes victim to
dinner, helps victim with an assignment, or if a couple is dating, living together or
married.

16 ‘Myths About Sexual Assault- It's Never the Victim's Fault’ by Charles Montaldo.
17 ibid.
18 ‘Sexual Assault Guide: Awareness of Sexual Assault and Prevention’ Committee University of Guelph (2012).

MYTH 13: A SPOUSE OR SIGNIFICANT OTHER CANNOT SEXUALLY
ASSAULT THEIR PARTNER19

The truth is, sexual assault occurs ANY TIME there is no consent for sexual activity
of any kind. Being in a relationship does not exclude the possibility of, or justify,
sexual assault. A person has the right to say no at ANY point. As soon as there is no
longer consent, any further sexual contact is a crime. The truth is, most sexual
assaults are assaults in which the survivor knows the attacker (commonly referred to
as date rape or acquaintance rape).

MYTH 14: MALES SHOULD BE CAPABLE OF PROTECTING THEMSELVES
FROM SEXUAL VIOLENCE, BECAUSE MALES ARE SUPPOSED TO BE
STRONG AND NOT VULNERABLE20

Size and physical strength do not necessarily enable you to protect yourself. People
who commit sexual assault/abuse often have the upper hand because they have more
power in the situation. They may be in a position of trust or authority, be older, have
more social status or be seen as more credible. They may use threats, force, bribes,
or other means to coerce their victims into complying. There may also be positive
aspects to the relationship with the abuser, such as participation in sports, one-on-
one time, financial security, etc.

MYTH 15: MALES ARE LESS TRAUMATIZED BY ABUSE THAN FEMALES21

19 ibid.
20 ibid.
21 ibid.

Studies show that long-term effects are damaging for either sex. Males may be more
damaged by society’s refusal or reluctance to accept their victimization, and by the
belief that they must tough it out in silence.

MYTH 16: BOYS ABUSED BY MALES WILL BECOME GAY OR BISEXUAL22

Sexual violence does not cause sexual orientation or gender identity. Whether
perpetrated by a male or female, sexual violence is damaging, and can cause
confusion about one’s sexual identity and orientation.

MYTH 17: IF YOU DON’T CLEARLY REMEMBER THE ABUSE, IT
COULDN’T HAVE REALLY HAPPENED23

Many people cannot remember all of the details of their experience with sexual
violence. People often bury memories deep in their subconscious as a way of coping
with the sexual trauma.

2.5 REASONS FOR SEXUAL HARASSMENT AT WORKPLACE

The causes of sexual harassment at work can be complex, and steeped in
socialization, politics, and psychology. Work relationships can be quite intimate
and intense, and those involved share common interests. Employees are dependent
on each other for teamwork and support, and are dependent on their supervisor's
approval for opportunities and career success. Supervisors and employers can grow
accustomed to the power they have over their employees. Such closeness and
intensity can blur the professional boundaries and lead people to step over the
line. Politics can be a catalyst, and problems caused by poor management,
workplace bullying, frustration, and job/financial insecurity, etc., may create hostile

22 ibid.
23 ibid.

environments that leak over into working relationships. Personal problems can also
be a factor, and sexual harassment can be a symptom of the effects of life traumas
such as divorce, or death of a spouse or child.

No occupation is immune from sexual harassment. However, reports of harassment
of women are higher in fields that have traditionally excluded them, including blue
collar environments, such as mining and firefighting, and white collar environments,
such as surgery and technology.

According to a 2009 study by sociologists at the University of Minnesota, women in
supervisory positions are the most likely targets of sexual harassment. After
following over 1000 men and women from ninth grade through to their 29th or 30th
birthdays, the researchers found that women, gays, and feminine men were most
likely to be harassed throughout their lives. Women supervisors were 137% more
likely to be harassed than females in non-supervisory positions. There was no
correlation between supervisory status and harassment for the men in the
study. Researcher Heather McLaughlin reported, "This study provides the strongest
evidence to date supporting the theory that sexual harassment is less about sexual
desire than about control and domination....Male co-workers, clients and supervisors
seem to be using harassment as an equalizer against women in power."24

Sexist or sexualized environments--full of sexual joking, sexually explicit graffiti or
objects, viewing Internet pornography, etc.--usually shape the attitudes that male
workers have towards their female colleagues. For example, in an environment
where obscenities are common, women are 3 times more likely to be sexually
harassed than in an environment where such talk is not tolerated. In environments

24 Pramod Peter ‘Sexual Harassment’ <https://www.academia.edu/10469257/Sexual_Harassment>

where sexual joking is common, women are 3 to 7 times more likely to be sexually
harassed.

Men still retain most of the workplace supervisory positions, and they are the ones
who decide whether or not a complaint of sexual harassment is justified. Because
of this, if a woman complains about the man who exposed himself to her, in most
cases, she is the one who will be considered the problem.25 Still, when the supervisor
is female, this does not necessarily make her more sensitive to the seriousness of the
problem.

Sexual harassment of men does occur, though there is less information about the
problem because men are less likely to report the behaviour. Sexual harassment of
men in the workplace is most often same-sex harassment, and focused on men who
are deemed less masculine than the others; however, neither the perpetrators nor the
victim will necessarily be gay.26 Still, there are increasing reports of men being
harassed by women, particularly female supervisors.

2.6 PREVENTION AND HANDLING OF CASES

Even after learning the definition of sexual harassment, many people still find
themselves asking what kind of behaviour isn’t sexual harassment. For example: Is
it okay to hold a door open for a woman? Will I get in trouble if I compliment
someone on their clothing or their new hair style? Is telling an off-colour joke
considered sexual harassment? While there aren’t always clear-cut answers to
questions such as these, train people in an organisation to ask themselves few
questions:

25 See Ellison vs. Brady and the "Reasonable Woman" Standard.
26 Oncale v. Sundowner, 523 U.S. 75 (1998).

Would I want my daughter, wife, sister, son, brother or husband subjected to this
behaviour?

Is the behaviour likely to intimidate or belittle the recipient?

Is it possible that the behaviour would be misinterpreted?

The bottom line is fairly simple. If you are in doubt about whether something might
amount to sexual harassment, don’t do it!

The most effective weapon against sexual harassment is prevention. Harassment
does not disappear on its own. In fact, it is more likely that when the problem is not
addressed, the harassment will worsen and become more difficult to remedy as time
goes on.

The people involved in and organisation are responsible for helping maintain a work
environment free from hostility. The first step is prevention. Whether you are a
partner, associate, student or a staff member, there are several things that you can do
to prevent sexual harassment.

● Monitor behaviour: Think about how your words and actions might affect
others’ self-esteem, job performance and attitudes toward work.

● Observe what goes on in your work area. If you suspect that inappropriate
conduct is occurring, tell the personal responsible for addressing the conduct.

● Dress and carry yourself appropriately for your job.
● Don’t smile, laugh at or encourage harassing behaviour.
● Become acquainted with your internal firm policy on sexual harassment.

For partners and associates with supervisory responsibilities:

● Educate employees about sexual harassment through informal or formal
discussions and/or training or by distributing a copy of your firm’s policy for
dealing with sexual harassment to everyone in your working group.

● Promote a safe and respectful work environment by encouraging employees
to tell harassers to stop and by publishing policies on respectful workplace
behaviour.

● Take all allegations of sexual harassment seriously. If any member of the firm
comes to you with a complaint, take action right away.

WHAT CAN INDIVIDUAL DO?

The answer to the problem of sexual harassment at workplace can be given by
following simple steps. The victim can either avoid it or can punish the person
responsible for such a lewd act.

TAKE INFORMAL ACTION

Ignoring sexual harassment won’t help. It will only make it worse since it can imply
a lot of misunderstandings to the other person. Confront the harasser. Let the person
know that their actions are unwelcomed and won’t be tolerated. Also, keep a record
of what happened, when did it happen, date, time, who did it, who was present as
witness etc.

TALK TO YOUR EMPLOYER

Still if the harasser does not stop, see what policies are there in the organization to
deal with such acts. The employer should not risk ignoring complaints and the victim
should keep in mind the deadlines.

FORM A FORMAL COMPLAINT FINALLY

The redressal mechanism provided in the Act is in the form of Internal Complaints
Committee (ICC) and Local Complaints Committee (LCC). All workplaces
employing 10 or more than 10 workers are mandated under the Act to constitute an
ICC.

CONCILIATION

Another option is a conciliation process. Conciliation is the process where a neutral
engages with the parties to try and arrive at a settlement of their differences and
disputes. The Act has a provision for conciliation under section 10.

EVEN SILENT WATCHER CAN STOP IT27

One of the most interesting aspects of sexual harassment (SH) phenomena is that
victimized employees often respond passively—for example, by denying the
harassment, avoiding the harasser, or treating the harassment as a joke— rather than
directly—for example, by confronting the harasser or reporting the behaviour28.
Observers are individuals who see harassment occurring but are not directly
involved in the incident. Of course, SH is not always witnessed. Some incidents,
particularly quid pro quo harassment (which requires sexual compliance in exchange
for the retention or attainment of some employment opportunity), may unfold with
only the harasser and target having knowledge of its occurrence. However,
especially in the case of hostile environment harassment, in which the work climate
itself becomes poisoned, there often are individuals present who observe the
harassment and who might take action to stop it or prevent future incidents.

27 TO ACT OR NOT TO ACT: THE DILEMMA FACED BY SEXUAL HARASSMENT OBSERVERS BY LYNN BOWES-SPERRY
AND ANNE M. O’LEARY-KELLY, Academy of Management Review, 2005, Vol. 30, No. 2, 288–306.
28 Knapp, Faley, Ekeberg, & Dubois, 1997; U.S. Merit Systems Protection Board, 1995.

Specifically, observers may intervene in varied ways, such as reporting cases of
witnessed harassment, stopping an unfolding event, or providing negative feedback
to harassers regarding their behaviour. Observers could include both individuals who
hear about an incident of harassment and those who actually witness it.

WHAT CAN EMPLOYER’S DO?

The Act makes it the duty of every employer to29:

● Provide a safe working environment at the workplace which shall include
safety from all the persons with whom a woman comes into contact at the
workplace

● Display at any conspicuous place in the workplace, the penal consequences of
sexual harassment and the order constituting the ICC

● Organize workshops and awareness programmers
● Provide necessary facilities to the ICC for dealing with complaints and

conducting inquiries
● Assist in securing the attendance of the respondent and witnesses before the

ICC
● Make available such information to the ICC or LCC, as it may require
● Provide assistance to the woman if she so chooses to file a criminal complaint
● Initiate criminal action against the perpetrator
● Treat sexual harassment as a misconduct under the service rules and initiate

action for such misconduct
● Monitor the timely submission of reports by the ICC.

29 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

It’s the responsibility of the employer to make sure that the work environment in his
agency is harmonious and comfortable for everyone to work pleasantly. There are a
number of steps that you can take to reduce the risk of sexual harassment occurring
in your workplace. It is understandable that each and every step cannot be taken, but
it should be made sure that whatever is required is done.

ADOPT A POLICY: 30 31 In your employee handbook, you should have a policy
devoted to prevention of sexual harassment. Your policy handbook needs a:

● anti-sexual harassment policy,
● general harassment policy,
● policy about how sexual harassment investigations are conducted in your

company, and
● policy about how investigations would be done
● policy that forbids an employee in a supervisory role from dating a reporting

employee and that details the steps required should a relationship form.
● state in no uncertain terms that you will not tolerate sexual harassment
● state that you will discipline or fire any wrongdoers
● state that you will not tolerate retaliation against anyone who complains about

sexual harassment.

TRAIN EMPLOYEES32: At least once a year, conduct training sessions for
employees. These sessions should teach employees what sexual harassment is,

30 ‘How to Prevent Sexual Harassment in the Workplace’
<http://humanresources.about.com/od/glossarys/a/sexualharassdef.htm>
31 ‘Preventing Sexual Harassment in the Workplace’ <https://www.nolo.com/legal-encyclopedia/preventing-sexual-
harassment-workplace-29851.html>
32 ibid.

explain that employees have a right to a workplace free of sexual harassment, review
your complaint procedure, and encourage employees to use it.

All employees should be made aware of the seriousness of violations of the sexual
harassment policy. Supervisory personnel should be educated about their specific
responsibilities. Rank and file employees should be cautioned against using peer
pressure to discourage harassment victims from using the internal grievance
procedure.

TRAIN SUPERVISORS AND MANAGERS33: At least once a year, conduct training
sessions for supervisors and managers that are separate from the employee sessions.
The sessions should educate the managers and supervisors about sexual harassment
and explain how to deal with complaints.

Employers with 50 or more employees must provide at least two hours of classroom
or other effective interactive training and education regarding sexual harassment to
all supervisory employees. Thereafter, covered employers must provide sexual
harassment training and education to each supervisory employee once every two
years.

MONITOR YOUR WORKPLACE: Get out among your employees periodically. Talk
to them about the work environment. Ask for their input. Look around the workplace
itself. Do you see any offensive posters or notes? Talk to your supervisors and
managers about what is going on. Keep the lines of communication open.

TAKE ALL COMPLAINTS SERIOUSLY: If someone complains about sexual
harassment, act immediately to investigate the complaint. If the complaint turns out

33 ‘Preventing Sexual Harassment in the Workplace’ <https://www.nolo.com/legal-encyclopedia/preventing-sexual-
harassment-workplace-29851.html>

to be valid, your response should be swift and effective. For more about dealing with
complaints. Supervisors should be told to take it seriously, and to report any potential
harassment, no matter how "offhand" or informal. In addition, especially when
dealing with some relatively more serious acts of harassment, a company may need
to take action whether or not the employee reporting the harassment wants to. For
example, an employee reports that her supervisor propositioned her on an out-of-
town business trip, but concludes "I can take care of the situation myself, and I don't
need anybody getting involved on my behalf. I'd rather let the matter drop." The next
employee who might be propositioned by that same supervisor on an out-of-town
trip might not be able to handle the situation herself, and the employer would almost
certainly be liable to that second employee if she proved that the company knew
about the supervisor's conduct and did nothing to stop it.

COMPLAINT PROCEDURE

An employer should take immediate and appropriate action when he/she knows or
should have known that sexual harassment has occurred. An employer must take
effective action to stop any further harassment and to minimize any effects of the
harassment. To those ends, the employer's policy should include provisions to:

● Fully inform complainant of his/her rights
● Fully and effectively investigate. The investigation must be immediate,

thorough, objective and complete. Anyone with information on the matter
should be interviewed. A determination must be made and the results
communicated to the complainant, to the alleged harasser, and, as appropriate,
to all others directly concerned.
● If harassment is proven, there must be prompt and effective remedial action.
First, appropriate action must be taken against the harasser and communicated

to the complainant. Second, steps must be taken to prevent further harassment.
Third, appropriate action must be taken to remedy the complainant's loss, if
any.

Also, people working in the organisation should be educated about their active role
in preventing sexual harassment, in addition to the employer’s responsibility to
provide a non-discriminatory and non-violent workplace atmosphere.

Employees should be educated to commit to do the following:

UNDERSTAND

● obtain and become familiar with the organization’s policy on sexual
harassment;

● examine one’s feelings, attitudes, and behaviors in relation to sexual
harassment;

● see that behavior corresponds with the expectations and behavioral
requirements of the organization’s sexual harassment policy.

OBSERVE

● be aware and conscious of engaging in potential sexual-harassment behaviors
or incidents at work;

● be sensitive to individuals who may be offended by the verbal and non-verbal
behavior of others;

● be aware of subtle forms of sexual harassment;
● watch for and discourage sexual behaviors that negatively affect work.

EXAMINE

● pay attention to the response of others in order to avoid unintentional offense;

● do not assume that employees or co-workers enjoy or want to hear risqué jokes
or sexually oriented comments about their appearance, or be touched, stared
at, flirted with, or propositioned for dates or sexual favors;

● ask yourself if your verbal or non-verbal behaviors might have a negative
impact on other co-workers’ attitudes toward work;

● examine your behaviors, gestures, and comments. Ask yourself, "Could I
unknowingly be encouraging sexual interplay by the way I interact or
communicate?"

● do not take sexual harassment lightly. If you think you are being sexually
harassed by an individual or a group, do not accept it as a joke. Do not
encourage the harasser by smiling, laughing at his/her jokes, or flirting
back. Let the harasser know that you do not enjoy and do not want this type
of attention.

CONFRONT

● if possible, confront the sexual harasser immediately. Tell him/her that you
find that type of attention offensive;

● if possible, tell the harasser that the behavior affects you negatively and has
the potential of negatively affecting you job;

● if possible, tell the harasser what behaviors (gestures, physical or verbal)
behaviors you find offensive.

RESOLVE

● seek confidential advice to develop your personal resolution strategy;
● consider writing a letter to the harasser and keep a copy for yourself;
● document all the incidents of sexual harassment. Be detailed, precise about

date, time, location, and person/persons involved.

SUPPORT

● if you know someone who is being harassed, give him or her your support.
Encourage the recipient to talk about it and to take immediate action to stop
it;

● if you actually see or hear an incident of sexual harassment or are subjected
to an offensive environment, you can also take the appropriate steps to resolve
the harassment or co-file with the complainant;

● when a recipient files a complaint, if possible, support him or her throughout
the complaint process.

2.7 A LOT STILL NEEDS TO BE DONE

‘Sexual harassment in workplaces’ is a serious issue that needs to be addressed
urgently with effective legal provisions in the country’s legislature. It’s a silent
plague crippling institutions and productivity, ultimately affecting the economy of
the country negatively. It’s only in two statutes as of now that it’s identified as a
punishable offence. A crime becomes punishable only after it’s committed. Also,
once it reaches the stage of a criminal case, it can sustain only if evidence is
available. Generally sexual harassment takes place behind closed doors. It is difficult
to gather evidence to prove the case. The victims too prefer not to get involved in a
criminal case.

A codified law on prohibition of sexual harassment at the workplace has been
implemented and the need of the hour is increased awareness on this subject,
hopefully leading to reduction in such cases if strictly implemented. It is unfortunate
that the legal response to sexual harassment in India has been largely characterised
by the absence of sympathy for the victim. As far as the current law is concerned,
the fact remains that its strict implementation is lacking.

In any civilised society, it is the fundamental right of people to be able to lead their
lives with dignity, free from mental or physical torture. To ensure this, lawbreakers
must pay for their unsolicited sexual advances. Ironically, parliament took 10 years
after the Vishaka judgement to prepare the first draft bill on sexual harassment. And
another 7 years to turn it into a law.

It is the duty of the state to provide for the wellbeing and respect of its citizens and
in turn, to prevent frustration, low self-esteem, insecurity and emotional disturbance,
which, in turn, could affect business efficacy, leading to loss of production and loss
of reputation for the organisation or the employer. In fact, the recognition of the right
to protection against sexual harassment is an intrinsic component of the protection
of individual’s human rights. It is also a step towards providing independence,
equality of opportunity and the right to work with dignity.34

It is alarming that the response of law enforcement mechanism is frustrating and
humiliating for the victims of sexual harassment. Preliminary steps in accessing
justice, such as filing an FIR is often a big hurdle. The legislative measures may not
fill the gap as the fundamental concern of its enforcement is often ignored. Despite
having the best laws on paper, implementation and enforcement of laws by agencies
like the police remains weak in India. Sexual harassment is a result of deep rooted
prevalence of direct, indirect, explicit or implicit discrimination prevalent across
cultures. Long term, durable reformative policies in law enforcement architecture
aiming to ensure substantive equality for people working together should be adopted.
Affirmative action like raising awareness on what constitutes sexual harassment,
encouraging complaints against abuses, enhancing the capacity of institutions to

34 ‘INDIA: No redress for sexual harassment at the work place’ <http://www.humanrights.asia/news/ahrc-
news/AHRC-ART-146-2013>

investigate and prosecute complaints and fast access to justice ensure dignity for
every women professional in India.

It is sad to know that not everybody is secured by law.The law is framed largely
keeping in mind formal workspaces — offices, factories, other institutions and
enterprises — where complaints can be referred to committees set up under the
Vishaka guidelines. But a majority of women don’t work in institutions or
enterprises, or in cities. They work in the informal sector — in the fields, on the
roads, or as self-employed producers or vendors. Their workspaces are everywhere,
but there are no watchdogs to prevent the harassment.35 A general review of literature
showed that most women in India, especially when we look at the rural and semi-
urban class or the lower uneducated strata, are not even aware of their rights
available against this menace of sexual harassment in the workplace. Findings also
suggest that attitudes to sexual harassment in the workplace mirror society’s norms
about sexuality and masculinity more generally- that it is normal and harmless
behaviour, that it is women who provoke this behaviour and that it is an occupational
hazard for women in the workplace. It often gets dismissed for being harmless or is
simply ignored.36

The 2013 amendment to the criminal law added sexual harassment as an offence
(Section 354A, IPC). The punishment prescribed is rigorous imprisonment up to 5
years with or without fine. It is essential to educate people about the effects and
consequences of their acts as well sensitizing them to the plight of the victim.

35 ‘Blurred lines’ <http://indianexpress.com/article/opinion/columns/blurred-lines-2/>
36 ‘Sexual Harassment at Work Place in India’
<http://sexualharassmentatworkplace.indianworkingwoman.org/sexual-harassment-workplace-study-law-and-
sociology-perspective>