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Employer responsibility to provide harassment free

workplace
A complaint of sexual harassment by a part-time worker in a hardware business was upheld
when the Tribunal found that the employer had failed to take sufficient action in relation to the
employee's report of inappropriate behaviour.

The alleged sexual harassment included kissing, touching her breasts and leg, persistent requests
to have a drink outside work hours despite an ongoing refusal, asking for cuddles, telephoning
her at home and making repeated unsolicited sexual remarks.

The complainant reported the sexual harassment to her supervisor but initially asked to be
allowed to handle it herself. The supervisor granted her request and did not take any action until
the formal complaint was made.

The Tribunal found that, even in these circumstances, the employer was vicariously liable for the
acts of its employees. It found the employer has an overriding responsibility to provide a
workplace free from harassment, and that the wishes of complainants are secondary to this
responsibility. Allegations of sexual harassment against another employee and claims of
victimisation were dismissed. The complainant was awarded damages of $24 425 which
included general damages and economic loss.

Sexual harassment in work


A woman alleged a manager sexually harassed her when working for a club over a period of
several years. The allegations included touching her breasts, leering and that comments of a
sexual nature were made about her body. She stated she had complained to management several
times and that the complaints were ignored. She also alleged that as a woman she had been
denied promotions offered to less experienced males at the club. As a result, she resigned.

The manager and the employer denied the allegations, stating her attitude at work had
deteriorated during her employment. The matter was resolved by conciliation with the employer
and the manager paying $15,000 to the complainant. The respondents also provided written
apologies for any offence the complainant may have experienced.

Sexual Harassment
A man alleged that he had been sexually harassed at his place of work. He claimed one of his co-
workers had exposed his anus to him, had run a piece of timber with splinters up between his
legs to his groin and had run his finger down between his buttocks. When he objected, apparently
his co-workers began calling him obscene names regularly. The man said he had witnessed many
male youths being subjected to the same treatment at the work place, with most of the young
men resigning, with one young man having attempted suicide. When he advised his foreman of
this behaviour, he was told to ignore the men's actions. He claimed management had witnessed
the behaviour but had done nothing to rectify the problem.

At the conference the individual respondents admitted to the behaviour but asserted that the
actions had occurred only as a joke in an attempt to lighten the work environment. The senior
managers stated that they were unaware of the behaviour occurring as the foremen had not
notified them at any time of adverse behaviour occurring. The company did admit that they had
difficulties in getting young males to remain employed with them, however, they believed this
may have been because "young people didn't want to work."

On hearing the admissions made, the company issued a first


and final warning to the individual respondents and gave an
undertaking that all staff would be trained in sexual
harassment and discrimination matters and that such
behaviour would not in the future be tolerated by any staff.
The complaint was resolved as the complainant was satisfied
with the company's undertaking Sexual harassment in
education.
A woman lodged a complaint with the Commission alleging sexual harassment by her boss who
was also her academic mentor. The woman alleged that the sexual harassment occurred over a
period of two years. The alleged harasser was in a position of authority over her in that she was
his student and he was her boss. She claimed towards the end of the sexual harassment he
'stalked' her by following her and waiting outside her house.

The respondents denied the allegations stating that the relationship was mutual and that there was
no sexual harassment.

In conciliation the matter settled for the payment of $60,000 for pain and suffering and the
individual respondent provided a written apology. One of the two respondents settled the matter
with the payment of $5,000. Both parties were extremely pleased with the resolution of the
matter.

The Letterman Situation: What Constitutes Harassment?


By
John Schwartz

When Mr. Letterman revealed to his national audience Thursday night that he had been
threatened with blackmail over affairs with members of his staff, it might seem only natural to
ask whether his dalliances might cross the line into the realm of sexual harassment. He is, after
all, the boss; the women, as he noted, are employees. So we checked in with an expert on sexual
harassment law, Professor Joanna L. Grossman of Hofstra University School of Law, to find out
if Mr. Letterman has sidestepped the peril of blackmail only to leave himself open to harassment
accusations.

At this point, Professor Grossman said, “there’s no way to know” whether Mr. Letterman’s
activities with his staff crossed the line into the realm of sexual harassment, because the issue
turns on the question of the women’s consent.

“People think if it’s sex with the boss, it’s sexual harassment, but it might not be the case,” she
said. “The basic principle is, not all sex at work is sexual harassment, even if it involves the
boss.”

A woman who seemingly consented to a sexual liaison might well argue that she had little choice
in the matter and felt coerced, Professor Grossman said: that there was a quid pro quo, a promise
of advancement or a threat of punishment of dismissal attached. Those accusations, or the
broader claims of the creation of a hostile work environment in which sexual demands were
made, could emerge in civil court.

But in the case of Mr. Letterman’s very public confession, she said, “Nothing will come of this
unless they come forward and say this was either outright coercion or, ‘He created a hostile
environment that I felt I had to go along with,’ or that ‘This was part of the job.’ ”

For now, she said, “All we know is that he did have sex with some women who work for him.”

Sexual Harassment
Unwelcome sexual advances, requests for sexual favours or other verbal or physical conduct of a
sexual nature that interferes with work, is made a condition of employment or creates an
intimidating, hostile or offensive work environment constitute sexual harassment.

3 significant forms of sexual harassment in the work place are:

 Abuse of authority
 Creating a hostile environment
 Retaliation

Sexual harassment can take many forms. These include:

 Unwelcome sexual advances


 Demanding sexual favours in exchange for job security
 Verbal or physical conduct of a sexual nature
 Rumour spreading and malicious gossip in the work place
 Obstructing performance and/or advancement upon refusal to comply

just say NO to sexual harassment because -----The Law Protects YOU The law requires all
public and private organizations to adopt an internal Code of Conduct aimed at establishing a
safe working environment, free of intimidation and abuse, for all working women. This law
obligates employers’ to set up an Inquiry Committee to investigate a harassment related
complaint. The Committee has to have three members, at least one of whom has to be a woman.
The Inquiry Committee shall:

 Launch an investigation against the accused


 Recommend the imposition of penalties if the accused is found guilty
 Forward recommendation to the Competent Authority which will implement the decision

Punishments can range from censure, stopping promotion, compulsory retirement, removal,
dismissal from service and fine payable to the complainant.
The Act also provides for the appointment of an Ombudsman both at the Federal and Provincial
level to listen to appeals filed by the aggrieved party. The victim can also appeal to the President
or the Governor if dissatisfied by the decision of the Ombudsman. More information regarding
the Act and the Code of Conduct intended to help organizations ensure compliance with the Act.

In the workplace everyone, regardless of sex, should be treated with equality, dignity and
respect. Consequently workplace harassment of any kind should not be tolerated, as it
completely violates the individual’s psyche and human rights.

Workplace harassment in Pakistan is a FACT.


Harassment is a major issue in the workplace and it affects millions of workers, especially in
Pakistan. Most people here know what “harassment” means, however their ideas are vague on
the different types of harassment that exist. Therefore, let me first slightly elaborate on the
different types of harassment that exist.

1. Sexual harassment
2. Racial/ ethnic harassment
3. Religious harassment
4. Age harassment
5. Gender harassment

I find women to be the soul of every nation and with the great paradigm shift in the process of
globalization, women are entering the market place more rapidly than ever before. This is
forming an empowering symbol of what women can do at work, not just at home, through the
utilization of their skilled work and innate talent.

Unfortunately, there are a few grotesque vultures that have taken the development of women
entering the workplace as a window to promote and perform violence and mistreatment against
women. Whether the reason for this is to halt women from progressing in society or whether it
is the simple inability of some men to control their desires in the workplace, it is an act strongly
condemned in Pakistan and there is no rational or irrational justification for harassment of
women at work.

This is precisely why one can state there is no doubt that workplace harassment is real and not a
myth in Pakistan, South Asia and across the world.

However, the honesty that prevails in these research results reflects the societal mindset in
European countries, where people are open to talk about harassment, file a case, and have the
culprit face the consequences.

Unfortunately, workplace harassment in Pakistan, and especially in the smaller cities or villages,
is seen as a “taboo” topic. A topic which, if brought up, is considered to leave a tainted mark on
the honor of a woman, despite the harassment not being her fault. This is why most Pakistani
women do not report their case of workplace harassment.

Additional reasons for workplace harassment going unreported are mentioned below:

1. Fear of losing their jobs.


2. Fear of facing embarrassment or shame at being harassed.
3. Psychological fear of being attacked by culprit again for speaking up about their
harassment.
4. Fear of being called a “liar” if harassment cannot be proved.

However, despite the issue of workplace harassment in Pakistan being seen as a “taboo” topic,
surprisingly the government of Pakistan, NGO’s and citizens of Pakistan have come together
over the last seven years to conceptually and pragmatically put an end to harassment; or at least
implement ways to end workplace harassment.

In 2010 “The Protection against Harassment of Women at the Workplace Act” was signed by
President Asif Ali Zardari. Turning this bill into law was a huge step for the nation. This law
gave women such as me the mental peace of knowing that if such an incident occurred at the
workplace, I could protect myself from the culprit under this law.
From a local lens, one of the few NGO’s to this end that exist in Pakistan is called AASHA – the
word itself means “Hope”. A hope to root out harassment, especially of women, from society.
This NGO’s aim, like many other such NGO’s in Pakistan, is to raise awareness on the issue of
harassment and assist the government and private sectors in the creation of a society free of
sexual harassment. This, I feel, is a great step towards changing Pakistani mentality and
eradicating the disease of harassment from our societal environment.

A working paper was recently published by Munir Moosa Sadruddin titled “Sexual Harassment
at Workplace in Pakistan- Issues and Remedies about the Global Issue at Managerial Sector”

This paper articulately addresses the implementation of women rights in Pakistan and the
harassment faced by women in the workplace, as well as the practical implementation of the Bill
of 2010. Which *spoiler alert*, without implementation value just seems like a piece of paper.

Before, we discuss the practical implementation of bills and laws passed in Pakistan, I made a
brief timeline to illustrate the events pertaining to sexual harassment in Pakistan.

Year 2010 :

 Senate Passes Bill Against Harassment of Women at Workplace.


 Country Clears Landmark Bill against Workplace Harassment in Pakistan.
 Bill Signed Into Law for Women’s Protection against Harassment In Pakistan.
 Backlash Rises Against Bill on Sexual Harassment.
 Zardari Signs Bill: Harassment of Women Is Now a Crime.
 The Law Against Workplace Harassment in Pakistan Exists, Now What?
 Segregation Breeds Sexual Harassment.
 Sexual Harassment Bill: ‘Implement Law to Protect Women.

Year 2011:

 Women Often Fear Repercussions for Reportage.


 UN in Pakistan Endorses the ‘Protection against Sexual Harassment at Work’ Act.
 Challenges In the Workplace: Working Women in Pakistan.

Year 2012:

 Protection of Women against Harassment at Workplace Bill 2012.


 NADRA Implementing Protection against Women Harassment Act.
Year 2013:

 Workplace Harassment in Pakistan Continues To Hamper Women’s


Empowerment.
 Sexual Harassment in Pakistan Is Increasing Despite the “Protection against
Harassment of Women at Work Place Act 2010.

The question that arises then is what is the long term solution to eliminate workplace
harassment in Pakistan?

And in my perspective the solution rests in educating the people of Pakistan. We as a community
must step up and make the change. Those reading this article need to understand one point: here
is the cure. We can all make a difference which will together form a chain reaction, catalyzing
the removal of this pesky weed of harassment from the beautiful garden that is our society.

Here are a list of simple steps you can implement to end harassment in Pakistan:

1. Start an awareness campaign to show that a Bill related to Women’s Rights in the
workplace was passed.
2. Create a photocopy manuscript of the bill of rights related to women rights in workplace
and keep a copy of it at the workplace so that everyone is aware of their rights.
3. If your friends or colleagues at work make “innocent” or “casual” jokes in this regard,
condemn them and let them know that joking about such issues is not harmless, nor is it
funny, as it subconsciously creates the notion that “harassment” is an issue to be taken
lightly.
4. Be aware of your workplace environment and colleagues. If you notice a certain
employee acting differently or their motivation levels decreased, channel your emotional
intelligence and don’t be afraid to ask them if they’re doing okay. You will be surprised
to see how many people can open up about the harassment that they have faced if they
have a helping hand and a lending ear.
5. At your firm talk to your HR department to host a seminar or a work shop on sexual
harassment.
6. If your HR department does not carry through, during your office break, you yourself can
talk of the rights of women and casually bring this topic to light.
7. If all these tactics fail, then as a woman try to sit in groups with other women during
lunch breaks and avoid going to the workplace bathroom alone.
8. Try to avoid sitting alone for extra hours of work.
9. If you are a spiritual individual then you can recite Ayat- Ul – Kursi before leaving for
work.
Lastly, do not shy away from talking about this topic. In the event of harassment reporting your case,
remember that it is YOUR “haqq”, YOUR right granted to you by your state, by your religion, by the
fact that YOU are a human being. Who knows if in being brave you are helping other women to step
forward and be strong as well, and perhaps in the process, preventing someone else from being
harassed.

No nation can rise to the height of glory unless your women are side by side with you; we are
victims of evil customs. It is a crime against humanity that our women are shut up within the
four walls of the houses as prisoners. There is no sanction anywhere for the deplorable
condition in which our women have to live.”
Mohammad Ali Jinnah, 1944

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