Even as India continues to grapple with "traditional" forms of workplace discrimination

like caste, race, gender, religion, etc, newer forms of biases -- like age, genetic
disposition, migration, HIV/AIDS, sexual orientation and lifestyle -- are emerging
globally. In fact, 12% of those surveyed recently in India reported some form of
discrimination at the workplace.

Age discrimination, at both ends of the spectrum, has been growing globally, says a new
report. While younger workers are being paid less for assumed inexperience, a negative
attitude is being witnessed towards hiring and retaining older workers, says "Equality at
work: Tackling the Challenges". Published by the International Labour Organisation, it
was released by Union labour and employment minister Oscar Fernandes here today.

Overall, "the global picture...is a mixture of major advances and failures", says the report.
Women are still the largest group that faces discrimination, be it job opportunities or
wages. While more women are joining the workforce now, with better salaries and even
at senior levels, pay equity compared with their male counterparts is still a far cry.

Migrants comprise the other big group in the Asian region that is facing discrimination
with low wages, menial jobs, exploitative jobs contracts. etc.

Regarding newer forms of discrimination, the report says that in many countries people
applying for jobs are increasingly being made to disclose their genetic disposition,
illnesses and disabilities. These are being used for exclusion from the hiring process,
especially in the case of HIV/AIDS that's spreading like an "epidemic" in Asia, Eastern
Europe and Central Asia, primarily among the youth and women.

"Genetic screening has important implications for the workplace," the report says. Many
court cases are being contested the world over on this issue. Some companies have
already taken remedial action. For instance, IBM is the first big company to have revised
its policy to prevent the use of genetic information to make personnel decisions,
especially regarding health benefits.

Last, but not the least, "unfavourable employment" practices, especially against smokers
and obese people, as part of corporate policy are discriminatory, says the report. In the
US, some companies do not recruit smokers or penalise former smokers by making them
pay more for health insurance. This goes against the principle of non-discrimination, says
the ILO. "All employment decisions must be based on a person's capacity to perform a
job,” it adds, not whether they are...

The Workplace Law Advisor: From Harassment And

Discrimination Policies To Hiring And Firing Guidelines
by Covey Anne

Combat Law, Volume 2, Issue 3 - Sexual Harassment affects all women in some form
or the other. Lewd remarks, touching, wolf-whistles, looks are part of any woman?s life,
so much so that it is dismissed as normal. Working women are no exception. In fact,
working women most commonly face the backlash to women taking new roles, which
belong to male domains within patriarchy. Sexual Harassment at work is an extension of
violence in everyday life and is discriminatory, exploitative, thriving in atmosphere of
threat, terror and reprisal.

Sexual harassment is all about expression of male power over women that sustain
patriarchal relations. It is used to remind women of their vulnerability and subjugated
status. In a society where violence against women, both subtle and direct, is borne out of
the patriarchal values operating in society, force women?s conformity to gendered roles.
These patriarchal values and attitudes of both men and women pose the greatest
challenge in resolution and prevention of sexual harassment.

Studies find that sexual harassment is still endemic, often hidden, and present in all kinds
of organisations. Yet it is still not always viewed as a problem, which has to be
systematically tackled. The issue is of concern for both women and the employers as
studies show that sexual harassment touches lives of nearly 40-60% of working women.

Thus, combating sexual harassment involves developing understanding of what is sexual

harassment and change of attitudes in all- be it employees, colleagues, friends,
administrators, employers or the law makers.

Sexual Harassment: The Law

Sexual harassment has been recognised as most intimidating, most violating form of
violence since long in countries like UK, USA and many countries have not only taken
note of how degrading experiences of sexual harassment can be for women as well as
employers but have adapted legislative measures to combat sexual harassment.

In India, it has been only six years since sexual harassment was for the first time
recognised by The Supreme Court as human rights violation and gender based systemic
discrimination that affects women?s Right to Life and Livelihood. The Court defined
sexual harassment very clearly as well as provided guidelines for employers to redress
and prevent sexual harassment at workplace.

While the Apex Court has given mandatory guidelines, known as Vishaka Guidelines, for
resolution and prevention of sexual harassment enjoining employers by holding them
responsible for providing safe work environment for women, the issue still remains under
carpets for most women and employers.

Vishaka guidelines apply to both organized and unorganized work sectors and to all
women whether working part time, on contract or in voluntary/honorary capacity. The
guidelines are a broad framework which put a lot of emphasis on prevention and within
which all appropriate preventive measures can be adapted. One very important preventive
measure is to adopt a sexual harassment policy, which expressly prohibits sexual
harassment at work place and provides effective grievance procedure, which has
provisions clearly laid down for prevention and for training the personnel at all levels of
employment.

What Is Sexual Harassment?

According to The Supreme Court definition, sexual harassment is any unwelcome

sexually determined behaviour, such as:-

• Physical contact
• A demand or request for sexual favours
• Sexually coloured remarks
• Showing pornography
• Any other physical, verbal or non-verbal conduct of a sexual nature.

Sexual Harassment takes place if a person:

 subjects another person to an unwelcome act of physical intimacy, like grabbing,

brushing, touching, pinching etc.
 makes an unwelcome demand or request (whether directly or by implication) for
sexual favours from another person, and further makes it a condition for
employment/payment of wages/increment/promotion etc.
 makes an unwelcome remark with sexual connotations, like sexually explicit
compliments/cracking loud jokes with sexual connotations/ making sexist remarks etc.
 shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/screen savers on computers/any offensive written
material/pornographic e-mails, etc.
 engages in any other unwelcome conduct of a sexual nature, which could be verbal,
or even non-verbal, like staring to make the other person uncomfortable, making
offensive gestures, kissing sounds, etc.

It is sexual harassment if a supervisor requests sexual favours from a junior in return for
promotion or other benefits or threatens to sack for non-cooperation. It is also sexual
harassment for a boss to make intrusive inquiries into the private lives of employees, or
persistently ask them out. It is sexual harassment for a group of workers to joke and
snigger amongst themselves about sexual conduct in an attempt to humiliate or embarrass
another person.

Quid pro quo and hostile work environment are the two broad types of sexual harassment.

Sexual harassment at workplace is generally classified into two distinct types. 'Quid pro
quo', means seeking sexual favours or advances in exchange for work benefits and it
occurs when consent to sexually explicit behaviour or speech is made a condition for
employment or refusal to comply with a 'request' is met with retaliatory action such as
dismissal, demotion, difficult work conditions. 'Hostile working environment' is more
pervasive form of sexual harassment involving work conditions or behaviour that make
the work environment 'hostile' for the woman to be in. Certain sexist remarks, display of
pornography or sexist/obscene graffiti, physical contact/brushing against female
employees are some examples of hostile work environment, which are not made
conditions for employment.

Unwelcome:

UNWELCOME is the key in defining sexual harassment. It is the impact and effect the
behaviour has on the recipient that will define the behaviour as sexual harassment.

What is a workplace? A workplace is any place where working relationships exist,

where employer ? employee relations exist.

Sexual Harassment: Prevention and Resolution

Combating Attitudes

Patriarchal attitudes and values are the biggest challenge in implementation of any law
concerning women in our society. Combating these attitudes of men and women and the
personnel involved /responsible for implementation of laws and systems is most crucial
in prevention of unwanted sexual behaviour. Preventing and avoiding sexual harassment
involves all levels of employees/persons in any oganisation-employees and colleagues,
management and bodies like trade unions. Most importantly it requires for the employer
to act before a problem occurs.

Steps Employers Can Take to Prevent Sexual Harassment A policy / procedure designed
to deal with complaints of sexual harassment should be regarded as only one component
of a strategy to deal with the problem. The prime objective should be to change behaviour
and attitudes, to seek to ensure the prevention of sexual harassment.

As an employer know the following:

I] First and foremost, acknowledge that it is your legal responsibility to provide safe
working environment for women free from sexual harassment and discrimination and that
you can be held liable for sexual harassment by employees.

II] Know that sexual harassment can have a devastating effect upon the health,
confidence, morale and performance of those affected by it. The anxiety and stress
produced by sexual harassment commonly leads to those subjected to it taking time off
work due to sickness, being less efficient at work, or leaving their job to seek work
elsewhere.

III] Understand the reasons why women remain silent about sexual harassment. An
absence of complaints about sexual harassment does not necessarily mean an absence of
sexual harassment. It may mean that the recipients of sexual harassment think that there
is no point in complaining because:
 - nothing will be done about it;
- it will be trivialised;
- the complainant will be subjected to ridicule, or
- they fear reprisals.

IV] Recognise the tangible and intangible expenses and losses organisations experience:

- Costly investigation and litigation

- Negative exposure and publicity
- Embarrassing depositions
- Increased absenteeism
- Lowered employee morale
- Reduced productivity
- Decreased efficiency
- Higher employee turn over
- Erosion of organisation?s brand names, goodwill, and public image
- Negative impact on stock price

The best way to prevent sexual harassment is to adopt a comprehensive sexual

harassment policy. The aim is to ensure that sexual harassment does not occur and, where
it does occur, to ensure that adequate procedures are readily available to deal with the
problem and prevent its recurrence.

SEXUAL HARASSMENT POLICY

I] Adopting Sexual Harassment Policy:

What should be included in an anti-harassment policy? A basic policy should set forth the
following:

• an express commitment to eradicate and prevent sexual harassment and express

prohibition of sexual harassment;
• a definition of sexual harassment including both quid pro quo and hostile work
environment giving examples;
• an explanation of penalties (including termination) the employer will impose for
substantiated sexual harassment conduct;
• a detailed outline of the grievance procedure employees should use;
• a clear statement that anyone found guilty of harassment after investigation will
be subject to immediate and appropriate disciplinary action
• a clear understanding and strict rules regarding harassment of or by third parties
like clients, customers etc.
• additional resource or contact persons available for support and consultation;
• an express commitment to keep all sexual harassment complaints and procedures
confidential and time bound;
• provisions for training of employees at all levels.
 • an anti retaliation policy providing protection against retaliation to complainants,
witnesses, Complaints Committee members and other employees involved in
prevention and complaints resolution.

Policies and procedures should be adopted after consultation or negotiation with

employee representatives. Experience suggests that strategies to create and maintain a
working environment in which the dignity of employees is respected are most likely to be
effective where they are jointly agreed. .

II] Communicate Policy

Issue a strong policy from the top authority against sexual harassment taking a "zero
tolerance" approach Make sure it gets out to all your employees either through the
employee handbook or in memo form or with pay packets or with appointment letter.
Have the employees sign it to acknowledged that they received and read the policy. The
policy can also be posted in the workplace. If you have employees whose primary
language is not English, have your sexual harassment policy translated or communicate
to them in their primary language. Discuss the policy with all new employees Ensure that
third-party such as suppliers and customers are aware of your sexual harassment policy
Review the policy with your employees on a regular basis

III] Enforce Policy Take complaints of sexual harassment seriously and investigate all
sexual harassment charges quickly and thoroughly and professionally Maintain accurate
records of the investigation and the findings Make sure employees who bring charges do
not face retaliation Ensure confidentiality and time bound response to complaints. Take
immediate action when sexual harassment is discovered or suspected Discipline
appropriately any employee found to have engaged in sexual harassment Safeguard your
employees from third-party work-related sexual harassment

COMPLAINTS CHANNEL

Complaints Channels need to provide different routes that employees can take to file
complaints; i.e., contacting the responsible authority for sexual harassment, a supervisor,
calling a hotline, complaining through email, etc. Organisations need to focus on the
plight of the average individual. A policy is useless unless people use it, and most
research indicate that a small fraction of employees ever say or do anything about
harassing behaviour.

Informal methods of resolving complaints must be part of the complaints mechanism as

1. the objective is to end the harassing behaviour at the lowest possible (which is the most
cost effective, as well) 2. many complaints can be resolved effectively and positively
through informal methods. Informal options act as a buffer or filter, save bad blood,
prevent the office environment getting uncomfortable for all, if employees can be advised
as to how to handle the situation before it gets out of hands. Platforms to resolve
complaints or to stop harassing behaviour must be provided before the complaints
escalate into full-blown, formal complaints. The Supreme Court guidelines impose an
obligation on the employer to set up a Complaints Committee to deal with the cases of
harassment. Such a committee should: *be headed by a woman *have half its members as
women *include a third-party representative from an NGO or any other agency
conversant with the issue of sexual harassment (to prevent undue pressure from within
the organization with respect to any complaint).

Complaints Committee

Employers need to set up a redress mechanism/complaints committees as per Vishaka

guidelines. First Contact Persons from within the Committee or otherwise should be
appointed who could try to resolve the complaint informally first before the complaint
goes to the formal channels of complaints committee. The organisation needs to put down
clearly, certain non-negotiables for the complaints committees for effective resolution of
complaints.

Desired Qualities Of The Members Of Complaints Committee:

• Subjectivity: A sexual act when unwelcome is sexual harassment; the unwelcome

is the woman?s subjective reality. The Complaints Committee?s first job is to
believe in this reality. (unless something on record completely negates her
complaint).
• Empathy: It is critical that the Complaints Committee empathizes with the
complainant and does not judge her by their moral standards. The most important
question to be answered in the affirmative that the committee and all functionaries
must ask themselves while providing redress to a particular case is 'Do we believe
her?'

Selection of the Complaint Committee members is extremely important as in most cases

the committee members, if in sub-ordinate position of power at workplace to that of
accused, find it very difficult to diligently carry out the responsibilities bestowed on them
as heads or members of the Committee, against the superiors.

The Complaints Committee must remember:

• It needs extensive orientation for effective functioning.

• It cannot function like a criminal court.
• The complainant, when she complains, has at stake her personal life and career.
• The impact sexual harassment has on a woman
• It is difficult for a woman to talk about anything sexual. Hence there can be long
time interval between the harassment and the actual complaint.
• It needs to handle complaints in a confidential manner and within a time-bound
framework
• It needs to submit an annual report on sexual harassment to the appropriate
government authority.
Complaints committees: Do's and Don'ts :
(Published by Hengasara Hakkina Sangha, Bangalore)

D's

• Formalise and publicise complaint procedures that are easy and non-threatening.
• Provide safety for friends and supporters of the complainant.
• Appoint complaints officers-one man and one woman- to serve as the first point
of contact.
• Complaint officers should be members of the committee. One of them should be
the outside expert.
• Authorise Complaint Officers to resolve the issue without the committee?s
intervention. If unresolved to the complainant?s satisfaction, the complaint should
go to the committee.
• Use a cheerful, comfortable, airy room for meeting the complainant.
• Ensure that your body language communicates complete attention to the
complainant and the accused.
• Treat the complainant with respect.
• Discard pre-determined notions of how a victim or accused should look or
behave. Beware of stereotypes.
• All sexual crimes are committed in private, so that there may not be any
eyewitnesses. This is an important point that the committee would do well to
remember at all the times.
• Consult the complainant for punitive action.
• If the management does not accept the recommended action, it should give three
valid reasons.
• Help the complainant regain his/her self-respect.

Don'ts

• Do not, under any circumstance, get aggressive.

• Do not insist on a detailed description of harassment. This could increase the
complainant?s trauma.
• Do not allow for interruptions when talking to the complainant and/or accused.
• Do not try and determine the impact of the harassment on the complainant. Let
the complainant determine it. Help the complainant, if necessary.
• Do not discuss the complaint among the presence of the complainant or the
accused.
• Remember, this is a human rights issue, therefoe, (a) do not give too much
weightage to intention, focus on the impact, and (b) 'proof beyond reasonable
doubt' is not required, a strong probability is sufficient.

Other things the Complaints Committee need to do

• Encourage the woman to note details of each incident of harassment and monitor
any changes in work patterns or attitude on the part of the alleged harasser so as to
 avoid as far as possible attempts at victimisation or accusations of poor work
performance, etc.
• Make discreet enquiries as to whether other workers have experienced similar
problems and if so, ask them details of any harassment, which has occurred.
• If the problem should involve transfer of one of the people involved, try to ensure
that the harasser-rather than the victim- is the person required to move. (Adopted
from ?Sexual harassment is no joke? by SIPTU, a trade union in Germany)
• Always document the results of any sexual harassment complaint or investigation.
Not only document the results, but also document any corrective action that you
asked the employee or supervisor to take. Follow up on any corrective action so
you can document if the employee fails to take advantage of your companies
polices/procedures or any corrective action that your company takes to prevent
the sexual harassment from occurring again in the future.
• Inform all employees that it is their obligation to report sexual harassment that
they either experience or witness.

TRAINING

Take your employees with you. Educate them about the issue and promote a healthy
discussion of the policy.

Sexual Harassment Awareness Training

The setting up of a complaints committee and an anti-sexual harassment policy lays a

strong foundation for a sexual harassment free workplace. However, effective training
programmes are essential to sensitise/train all their staff members, men and women, to
recognise sexual harassment, deal with it when it occurs and prevent it. The training
programme is the best way to ensure proper understanding and implementation of your
policy. It is the best forum to communicate to employees what behaviour is acceptable
and what is not, in a non-threatening atmosphere of mutual learning. Training for the
members of the Complaints Committee and others who are going to be instrumental in
implementing the policy, is very essential. Their training should include a component of
gender sensitization, along with the procedures for taking complaints, and for enquiry,
etc.

Conduct yearly meetings with your supervisors to review the sexual harassment policy,
and to make sure that they understand that an employee does not need to suffer negative
consequences in order to make a complaint of sexual harassment. Inform the supervisors
that even mild to moderate sexual jokes or statements can create an atmosphere of
hostility that will make some employees uncomfortable, and could lead to the creation of
a hostile work environment.

Sexual harassment training for all employees should address perceptions and
understanding of sexual harassment, impact of sexual harassment on individuals and
workplace, understanding the policy and complaints mechanism. The training for
Complaints Committee should address, in addition to these, the procedures of
investigation, skills necessary for enquiries, documenting the procedures.

SENSING MECHANISMS:

Setting up a mechanism does not mean that there is sexual harassment in your workplace.
Prevention is always better than cure, and being pro-active always helps. Along with
performance, change in employees' behaviour patterns also deserves employer's close
scrutiny.

Conducting Surveys - Conducting time-to-time surveys is helpful to identify and prevent

factors/situation leading to incidence of sexual harassment. The survey can be done
anonymously and should be distributed with a copy of the company's sexual harassment
policy. The survey can simply ask the employees (male and female) if they have
experienced any form of sexual harassment during the past year. The survey also helps to
show that the organisation is actively engaged in preventing and correcting sexual
harassment.

COMMITMENT FROM TOP:

Commitment is shown through enforcement and action by the responsible authorities.

Even the most comprehensive sexual harassment policies and procedures are bound to
fail if a company does not enforce them quickly, consistently, and aggressively. To be
effective, organisations must take sexual harassment seriously. They need to make certain
that personnel responsible for enforcement conduct prompt, thorough, and documented
investigations of all complaints, even those that appear trivial. Organisations should take
action that is reasonably calculated to end the harassment. Such action must be directed
toward the harasser, and may include verbal warnings, written warnings, job transfers,
suspension of employment, and, if necessary, termination.124

Employers should also keep tabs on their supervisors. This can be accomplished by
means of monthly meetings with higher management, unscheduled spot checks, or
periodic sexual harassment training sessions with the implementing authorities.

PRACTICES CONSISTENT WITH POLICIES:

Organisations must place just as much emphasis on reporting responsibilities and

mechanisms as on the policy itself.

Setting a precedence - Even if the accused is a senior executive/ a partner/any other

person who is an asset to the company, and brings in a lot of business, it is essential that
he be punished if found guilty, as this sends out a strong message that the company will
not tolerate any harassment by anyone. .

What Steps Can Employees Take To Prevent Sexual Harassment?


Most women themselves fail to recognise sexual
harassment and treat it as trivial and routine. Such
has been the internal coping mechanism. Ignoring
offensive behaviour or denying its existence are
the most common ways women deal with sexual
harassment.
In Back Off! How To Confront and Stop Sexual
Harassment and Harassers, Martha Langelan
recommends taking these steps:.
Identify/Recognise Harassment
Ask yourself the following: - Do I
consent to the behaviour? - Does
the behaviour make me
uncomfortable? - Does the
behaviour violate my dignity as an
individual? - Does it violate my
right to work in dignity in a safe
working environment?
Do not blame yourself. Don't
ignore sexual harassment in the
hope that it will go away.

Dealing with the Harasser upfront:

• Do the unexpected: Name the behaviour. Whatever he's just done, say it, and
be specific.
• Hold the harasser accountable for his actions. Don't make excuses for him;
don't pretend it didn't really happen. Take charge of the encounter and let
people know what he did. Privacy protects harassers, but visibility undermines
them.
• Make honest, direct statements. Speak the truth (no threats, no insults, no
obscenities, no appeasing verbal fluff and padding). Be serious, straightforward,
and blunt.
• Demand that the harassment stop.
• Make it clear that all women have the right to be free from sexual harassment.
Objecting to harassment is a matter of principle.
• Stick to your own agenda. Don't respond to the harasser's excuses or diversionary
tactics.
• His behaviour is the issue. Say what you have to say, and repeat it if he persists.
• Reinforce your statements with strong, self-respecting body language: eye
contact, head up, shoulders back, a strong, serious stance. Don't smile. Timid,
submissive body language will undermine your message.
• Respond at the appropriate level. Use a combined verbal and physical response to
physical harassment.
• End the interaction on your own terms, with a strong closing statement: 'You
heard me. Stop harassing women'.

Other steps employees can take:

Speaking out: Speaking about sexual harassment is an effective tool in combating it.
While speaking about it, the problem becomes visible, it is acknowledged that it exists,
and this in turn leads one to take effective measures against it. Speaking about sexual
harassment also gives an opportunity to clarify by this about it. It helps in changing
attitudes of people towards this issue. Speaking about it creates an enabling environment
for the victim to speak out. It mobilises public opinion against it. It makes it difficult for a
potential harasser to commit the crime. It equips people with information as to what is to
be done in such a case.
Speak up at the time: Be sure to say "NO" clearly, firmly and without smiling as that is
the best way to let the harasser know that his behaviour is offensive. Objecting to the
behaviour when it occurs helps if you decide to file charges later.

Keep records: Keep track of what happens in a journal or diary and keep any letters or
notes or other documents you receive. Write down the dates, times, places, and an
account of what happened. Write down the names of any witnesses. Write a letter. People
have successfully stopped sexual harassment by writing a letter detailing the behaviour
that is offensive and asking the person who is harassing them to stop the behaviour. The
letter should be polite, unemotional, and detailed. Such a letter seems to be more
powerful than a verbal request. The recipient of the letter seldom writes back; the person
usually just stops the behaviour.

Set your own boundaries: Say "NO" emphatically and clearly when you are asked to go
places, do things, respond to questions, or engage in situations that make you
uncomfortable. Do not worry about offending the other person or hurting his or her ego.
Take care of yourself first.

Be aware of situations and people who may harm you: Don't ignore other's warnings
about particular people or social settings. Acknowledge their concern for you and for
themselves.

Trust your own instincts about possible danger: In an uncomfortable situation, be direct
and honest, and remove yourself from the situation immediately. Regardless of your
previous behaviour or signals you may have given earlier, you have the absolute right to
halt any sexual exchange at any time. Accept this right and act on it.

Tell someone: Being quiet or stoic about sexual harassment lets it continue. Talk to other
co-workers; you may not be the only one harassed by this person. Do not blame yourself
and do not delay.

Create a Witness to the behaviour: Inform a trusted colleague and try to insure that s/he is
an eye or ear witness to an situation where you are being sexually harassed. This will be
useful later if you chose to file a formal complaint. Send a copy of sexual harassment
policy / rules to the harasser. If your workplace already has an anti sexual harassment
policy or the conduct rules of your institution prohibit sexual harassment, send a copy of
the institution policy/conduct rules to the harasser with the appropriate sections
underlined.

Talk to a union: If you are a member of a labour union, talk to your union representative.

Get a medical check-up: If you have been raped or physically assaulted, go for a medical
check-up. Obtain a medical report. This is important, should you decide to pursue a legal
case.
Report sexual harassment to the appropriate person in the organization: Explore the
different avenues available to you and file a formal complaint if necessary. If your
organisation does not have a policy, ensure that your employer formulates an anti-sexual
harassment policy and carries out all the connected tasks.

Documenting Harassment

Documenting the harassment is important for use as evidence in a case or complaint. You
should: Photograph or keep copies of any offensive material at the workplace. Keep a
journal with detailed information on instances of sexual harassment. Note the dates,
conversation, frequency of offensive encounters, etc. Obtain copies of your work records
(including performance evaluations) and keep these copies at home

Other documents that you should have: A company policy and procedure manual is very
important to have. The company's documented policies on sexual harassment,
discrimination, performance appraisals, termination, affirmative action plans can be very
important to show their stated policies versus their actions. Company newspapers, annual
reports, pictures of its top executives, posters, company credo, company surveys are
important to show the environment and its hostility towards women.

Take all letters of commendation, awards, thanks you's and anything at all that will
corroborate your positive job performance. Pay special attention to documents that your
superiors have provided lauding you and your work. If possible, ask your clients, staff,
and peers for letters of commendation.

Every document that you use during trial must be authenticated by a witness. Keep this in
mind during your depositions when the defence asks you where you obtained a
document. If you are not clear about where you got the document, and who can
authenticate it, you will not be able to use it during your trial.

What can you do as a colleague:

 Do not disbelieve a woman when she shares about harassment. Remember sexual
harassment is 'unwelcome' behaviour. Do not trivialise the matter.
 Remember that it is difficult to speak about sexual harassment. Hence if a colleague
is talking about it, she will require a lot of encouragement and support.
 Read the Vishaka judgement carefully and know your rights.
 Spread the word - let your colleagues know about the issue, its prevalence and the
judgement.
 Support a harassed colleague - remember it could be you tomorrow.
 Encourage the recipient to approach the offending person directly or use other
informal resolution methods.
 Offer to accompany the recipient to the offending person, the Complaints Committee
to file a formal complaint.
 Take responsibility to see that sexual harassment is stopped and there is no reprisal.
 Approach your employer and push for a redress mechanism / sexual harassment
policy, if you do not have one in place already.
 If you do have a mechanism in place, ensure that it complies with the Supreme Court
guidelines.
 Contact a non-government organisation working on the issue to organise an
awareness/training programme at your workplace/ to help create a policy for your
workplace.

It is important that you:

 be professional at all times.

 set a positive example.
 consider your attitudes.
 avoid making assumptions.
 think before making personal comments.
 don't go along with the crowd.
 be supportive of people who wish to talk about being sexually harassed and
 direct them to the appropriate persons / authorities.

As an employee: If your behaviour offends an employee, stop that behaviour. Ask

yourself:

 Could your behaviour offend or hurt people at your workplace?

 Could your behaviour be interpreted by another as sexual harassment?
 Would you like your behaviour to be discussed by others?
 Would you like your friend, partner, child or sibling to be treated in the same
manner?

What steps can Trade Unions take to prevent sexual harassment:

There are a number of measures that unions can take to combat sexual harassment. The
goal is to make union members sensitive to the problem and to create a climate to
discourage sexual harassment and, if it occurs, a climate where victims will feel
comfortable turning to the union for assistance. Trade Unions in unorganised sector can
play a definite and vital role in helping set up complaints mechanism and instituting
systems/channels that could provide forum for recipients of sexual harassment in
unorganised sector to complain.

If you are a member of a trade union:-

• If the sexual harassment victim comes to you for help, try to informally resolve
the complaint by talking to the harasser. If that is ineffective, help the victim to
file a complaint with the appropriate authority.
• Educate the members about the issue.
• Include training on handling sexual harassment grievances for office
bearers/seniors who are likely to get involved in complaint resolution
 • Determine the extent of the problem in the workplace. A survey of the members
may be useful.
• Work with employers to conduct jointly conducted training programs.
• When sexual harassment does occur, offer support.
• Try to stop any harassment you observe, whether or not the victim has
complained. If this is unsuccessful, do not do or say anything that could be
interpreted as condoning the harasser's behaviour.
• Disclose information only to the extent necessary to protect the confidentiality of
all who are involved.
• Put management on notice about what is going on. Regardless of who is
harassing, management is responsible for providing a harassment-free work
environment.
• Be sure that the employer has an anti-sexual harassment policy that is prominently
posted or otherwise effectively communicated to all employees.

The issue of sexual harassment needs understanding, assessment, sensitivity and

commitment from all quarters but mostly from the senior managerial authority as their
commitment and action can achieve the aim of prevention and effective resolution of
sexual harassment at workplace and a gender friendly, discrimination free workplace.

Neeta Raymond
Combat Law, Volume 2, Issue 3
August-September 2003
References

1. Women Workers? Rights in India: Issues and Strategies ? a reference guide

Edited by Aanchal Kapur, ILO, New Delhi.
2. The Politics of Silence, Sanhita, Written and Edited by Rajashri Dasgupta, 2001
3. Gender Just Laws Bulletin, No.2, April 1998, Pullished by India Centre for
Human Rights and Law
4. SAAD (News Letter), Publication by Bilancho Saad, Goa
5. Articles on the web:
o Sexual Harassment Law in the Technology Era By Douglas M. Towns
o SEXUAL HARASSMENT: How to avoid it, how to handle it By Scott
Lochard (503) 698-2438
o An Employer's Quick Guide to Preventing Sexual Harassment in the Work
Place By Sean Halloran, Esq.
o Combating sexual harassment TSSA reps bulletin, Oct 2002 (tssa the
union for people in transport and travel)
o Preventing sexual harassment at workplace, NOLO, Law for All
o What to do if you or someone you know is sexually harassed, 911 for
women, Feminist Majority Foundation
o Sexual harassment & Discrimination, Useful For All Claims, The Law and
You
o Sexual harassment In The Workplace, Guidelines forcreating a Nom-
Hostile Work Environment
 o Sexual Harassment In The Workplace: A Primer By Barry S. Roberts,
Richard A. Mann

Have you ever been asked to stay out of a project because of your caste? Have you been
paid less because of your gender? Or have you ever been denied of promotion because of
your religion? These questions might sound strange in the first place, however, giving it a
deeper though reveals that many people face this kind of discrimination at their
workplaces.

Discrimination, going by Oxford Concise Dictionary, is nothing but unfair treatment

against a person or a group of persons based on prejudice. Differentiating people on basis
of certain characteristics like age and gender or on grounds such as race and religion is
discrimination. Discrimination at work is a matter of serious concern for organizations all
over the world.
Forms of discrimination:
Discrimination at workplace can take place in any form. Be it on the basis of race, gender
and religion. Newer forms of biases, which are more subtle and less visible, like age,
disability, genetic disposition, migration, HIV/AIDS, sexual orientation and lifestyle are
also emerging. Every professional, be it a sales person, a journalist, an executive or a
software engineer, has faced discrimination and has a story to tell: stories of harassment
and humiliation; stories of injustice and discrimination, tales of how male colleagues'
attempt to limit professional success of their female counter parts, how one employee is
being looked down upon by other employee only because he belongs to a lower caste,
how one’s abilities are directly judged by one’s personality or color and what not.

The most common and prevalent form of discrimination is the one based on race and
religion. Judging an individual by race and not by performance comes under
discrimination. Such behavior of an employer can humiliate an individual and put him
under stress and depression. Differences in compensation packages between employees
on basis of color or race are also an unhealthy practice. In terms of age discrimination,
younger workers are often being paid less for they are assumed to be inexperienced.
Moreover, there is a negative attitude among employers for recruiting and retaining older
workers. Talking about gender biases, women in India still remain the largest group that
faces discrimination. Women today comprise only 2 per cent of the total managerial
strength in the Indian corporate sector. While more and more women are joining the
corporates now with better salaries and even at senior levels, pay equity compared with
their male counterparts is still a disappointing. Migrants in Asia are also facing
discrimination with low wages, menial jobs, and exploitative jobs contracts.

Discrimination at work
Discrimination at work can come from either the employee of from the colleague side.
Discrimination by colleagues can happen to new employees. They may face sarcastic
stares or constant digs made at them by their colleagues during initial weeks. However, if
it persists for a long time, it can affect not only the employee but also the employer. The
effect on the employee can be huge or meager but the impact on organization remains for
a longer time. An employee who is being discriminated witnesses non cooperation from
peers and negative feedbacks form subordinates. Discrimination leads to psychological
and emotional disturbance, resulting in demoralization and descend in performance
standards. It brings down the overall performance, and fuels more discrimination, which
in turn increases the number of gaps in one's work further. Discrimination at workplace
also affects the society. The socio-economic inequalities get widened and social cohesion
and solidarity are eroded. It results in wastage of human talent and resources.

Employer's role
Recognizing the fact that unwanted attention to any aspect of an employee demoralizes
him, hits his performance level and ultimately results in loss to the employee in the short
term and to the organization in the long run, employers should promote a discrimination
free environment within the organization. The employer should try to be an equal
employment opportunity provider and should take affirmative actions towards disables
and other weaker sections of its workforce. To maintain bias free environment throughout
the organization, employees at all levels should be provided periodic counseling to train
them to bring out the best in their new colleagues. All employees should be made to
understand that harassing their colleagues indirectly causes loss to the organization and
its can have adverse effects on its repute.

Fighting back:
Be it a manager or clerk, a contract worker or the one who is on rolls, a person deserves
all the respect and benefits that come with the post. Every employee has a right to a
harassment and discrimination free workplace. As long as his performance is meeting the
standards set by the employer, he has the right to excel and grow and decide his career
path. If an employee feels discriminated on basis of physical appearance, religion, sex,
caste or age, he has every right to raise his voice against discrimination and seek a
remedy from his employer. In this context, employers need to ensure that they do not
practice any form of discrimination or micro inequality. Similarly, organizations need to
promote a harassment free culture.

Equality in the workplace

Ranabir Ray Choudhury

IN RECENT times, the fate of the Women's Representation Bill has shown very clearly
indeed that, in India at least, in the field of politics, gender discrimination is not only
rampant but is also encouraged and protected by powerful political lobbies which are
dominated by males. If the political sphere is treated as an area of work of a type, it is
clear that there is no `equality at work' in politics.

It is against this background (at least in India) that the International Labour Office's latest
study on the subject of discrimination in the workplace, "Time for Equality at Work",
should be seen, the Indian experience in the world of politics and electoral representation
suggesting strongly that such discrimination is rampant in the country in other, more
conventional, areas of work, despite the presence of a whole host of legal devices geared
to checking this particular malaise.

What exactly is the nature of this malaise and how does it affect the society where it is
present? To take the first point first, the ILO report says: "Discrimination occurs in the
world of work every day, throughout the world. There is discrimination every time a
worker is shunned or preferred because of the colour of his or her skin, or when a
competent woman manager is denied a seat in the boardroom or paid less than a male
colleague with equal productivity. There is discrimination every time a pregnancy test is
required for a woman to be considered for a job, or when a mineworker is dismissed
because of perceived or actual HIV/AIDS status. And there is discrimination every time a
business licence is denied to an entrepreneur because of her or his religion, or when a
woman is required to obtain the approval of her spouse to get a bank loan."

Secondly, how does discrimination affect society? At the level of the individual, the
report says that the elimination of discrimination "is essential if all individuals,
irrespective of their physical or cultural traits and beliefs, are to be able to choose freely
the direction of their professional paths and working lives, to develop fully their talents
and capabilities and to be rewarded according to merit." At the social and economic level,
the report says: "The waste of human talent and resources (consequent on discrimination
in the workplace) has a detrimental effect on productivity, competitiveness and the
economy; socio-economic inequalities are widened, social cohesion and solidarity are
eroded and political stability comes under threat". The report says that the elimination of
discrimination at work is "central to social justice" and is also "an indispensable part of
any viable strategy for poverty reduction and sustainable economic development".

Why is elimination of discrimination at the workplace so very important from the point of
view of the larger campaign against discrimination of all sorts and types — including
discrimination in the political sphere? The report argues: "The workplace — be it a
factory, an office, a plantation, a farm or the street — is a strategic entry point to free
society from discrimination." This is because, "When the workplace brings together
people with different characteristics and treats them fairly, it helps to combat stereotypes
in society as a whole. It forces a situation where prejudices can be defused and rendered
obsolete." The report says that "A socially inclusive world of work helps to prevent and
to redress social fragmentation, racial and ethnic conflict and greater inequalities".

And what happens if the campaign against discrimination in the workplace is not run
effectively? The report says that in that event, "it will be more difficult to face the
challenges arising out of increases in internal and external migration, unprecedented
technological change, transition to market economies with their rapidly shifting groups of
winners and losers, and the need to accommodate and reconcile a variety of languages,
cultures and values".

Underscoring the importance of the entire exercise, the report says that "This may well be
the most challenging task of contemporary society, and it is essential for social peace and
democracy". Two more issues remain — what is being done to eliminate discrimination
in the workplace and what precisely are the plans for the future? The report draws
attention to the fact that "the principle of the elimination of discrimination in respect of
employment and occupation is a distinct feature of ILO standard-setting and permeates
much of the ILO's technical cooperation activities". Indeed, there are a whole lot of
aspects of discrimination that have been addressed by a number of ILO Conventions, the
moral being that "no single policy instrument suffices to address all discrimination in
employment and occupation and, consequently, a combination of policies is required".

The report says that one of the "main pillars" of ILO action in this field is the assistance
provided in "drafting and implementing labour legislation that bans discrimination and
promotes equality at the national level". This apart, there is the job of `the development
of manuals and other tools to ensure that labour law drafting is consistent with the
principle of non-discrimination", in which the ILO plays an important role.

What of the future? As the report says: "When societies move from ignorance or denial of
different forms of discrimination to awareness of them, they seek to remedy the situations
that they have identified. Societies identify discrimination through the prism of their
conceptual framework, based on knowledge available to them and on prevailing attitudes.

To remedy (the situations), they use the institutions and mechanisms available for
addressing discrimination, and they harness political will and social mobilisation to
provide the necessary impetus to reach the target of eliminating discrimination and
promoting equality of opportunity at work".

Specifically, the report has focussed on three areas as forming the core of any plan of
action that will finally be adopted by the ILO Governing Body to fight better the scourge
of discrimination in the workplace. The first is "building, expanding, updating and
disseminating the knowledge base on discrimination and equality of opportunity". The
second is the requirement of "a coherent and sustained information and awareness-raising
policy...to counter the negative images and suffering of groups who are discriminated
against". The third is to establish "a regulatory framework...to define discrimination, thus
contributing to recognition of it when it occurs," and also to draw up "guidelines to
ensure it is eliminated".