sexual harassment at the workplace --an overlook

8/7/2019 Sexual Harassment At the Workplace --An Overlook

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AN INVISIBLE STRUGGLE

TKM Legal Department

SEXUAL

HARASSMENT AT

WORKPLACE


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WHAT IS HARASSMENT?

Harassment is a form of offensive treatment or behavior, which toa reasonable person creates an intimidating, hostile or abusivework environment. It may be sexual, racial based on gender,national origin, age, disability, religion or a persons sexual

orientation.

Like hostile, intimidating, threatening, humiliating or violentbehavior,


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Types of Harassment:-

Verbal

Physical

Non-verbal

Question:- How do you identity or categorize an

Harassment???

Vishaka Vs The State of Rajasthan


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IDENTIFYING CONDUCT AMOUNTING TO

SEXUAL HARASSMENT AT THE WORKPLACE

CONDUCTOF A SEXUALNATURE

Physical contact or advances.

Creating scenes in public.

Cornering, trapping or blocking a persons pathway.

Forcing one to smoke.

Excessively lengthy handshakes.

Leering or staring at anothers body and/or sexually suggestivegesturing.

Asking a woman to dress in a particular way.

Sitting in an obscene manner etc.


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Verbal Harassment

Asking for or demanding sexualfavors.

Making comments with sexual

overtones etc.

Talking to woman employee aboutthe wife.

Commenting on personal

appearance especially about parts

or the body

Insulting publicly, saying

something demeaning, humiliating.

Making obscene remarks jokes etc.

Linking up with top bosses, malebonding gossiping about women

staff.

Teasing and using names such as

Darling, Honey, Sweetheart etc Discussing marriage, fertility and

other personal issues.

Asking personal questions about

abortion, etc upon submission of

medical bills.

Making sexist remarks,

misogynist humour.


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DISCRIMINATION AMOUNTING TO

SEXUAL HARASSMENT

Disallowing women to come up to above a particular grade. Failing to provide rest rooms, ladies toilets and day care centers.

Trying to unnecessarily find fault with work.

Not a friendly work environment for women.

Asking unwarranted questions when women want to take leave.

Gender stereotyping

Refusing to take complaints seriously.

Giving extra work simply because the employee is a woman.


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REASONS FOR LOW REPORTING OF

SEXUAL HARASSMENT

Family pressures

Fear of publicity,

defamation and

stigmatization.

Fear of revenge by

the abuser

Fear of losing job

opportunities

Lack of increments

Litigation by abuser

alleging defamation

Aggravated

harassment.

Ostracism andisolation.


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Illustrations:-

a) X an employee of a company, avoids sexual advances from her immediatesuperior at work. At a result, she is given disproportion amounts of work

and is ultimately by-passed by her junior male colleague for promotion.

This violates her right to equal opportunity in employment and

violates her right to be treated on par with male colleague.(Articles 14, 15, & 16)

b) Women working in a state corporation are told to leave work by 5.30 pmcoz of the unsafe working environment after dark Men may however, work

as late as they wish.This is a violation of the right to non-discrimination based on sex. This

amounts to a failure by the employer to provide measures for the protection

of women and failure to implement the Vishaka guidelines.


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Guidelines

It is the duty of the employer or other responsible personsin the work places or other institutions

to prevent sexual harassment, and

to provide mechanisms for resolution of complaints.

All women who draw a regular salary, receive anhonorarium, or wok in a voluntary capacity in

the government, private sector or unorganized

sector come under the purview of these guidelines.

It should have appropriate complaints mechanism, Thecomplaints committee must be headed by a woman and

not less than half

its members should be women.


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PREVENTIVE STEPS

Sexual harassmentshould be affirmatively

discussed at workers

meetings, employer

employee meetings, etc.

Guidelines should be

prominently displayed to

create awareness of the

rights of female

employees The employer should

assist persons affected in

cases of sexual

harassment by outsiders.

Central and stategovernments must adopt

measures including

legislation to ensure that

private employers also

observe guidelines.

Names and contact

numbers of members of

the complaint committee

must be prominentlydisplayed.


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Employers Responsibilities

Recognize sexual harassmentas a serious offence.

Recognize the responsibility of

the company/

factory/workplace to prevent

and deal with sexualharassment at the workplace

Recognize the liability of the

company etc. for sexual

harassment by the employees

or management. Employers

are not necessarily insulated

from that liability because they

were not aware of sexual

harassment by the staff.

Formulate an anti-sexualharassment policy. This should

include

A clear statement of the

employers commitment to a

workplace free of unlawfuldiscrimination and harassment

Clear definition of sexual

harassment (using examples),

and prohibition of such

behavior as an offence.

Publish the policy and make

copies available at the

workplace. Discuss the policy

with all new recruits and

existing employees.


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THANK YOU!

sexual harassment at the workplace --an overlook

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