SEXUAL HARASSMENT

Prepared by : PraveenKumar Keskar, 1SY11MBA03 S.I.T PGDMS & RC, Tumkur.

Synopsis
1) Definition 2) Causes 3) Impact 4) Laws 5) Managing Sexual Harassment 6) Companies with Best Sexual Harassment Policies

7) Live Example

Definition Unwelcome sexual advances, request for sexual favours, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this explicitly or implicitly affects an individuals employment, unreasonably interferes with an individual work performance, or creates an

intimidating, hostile or offensive work environment U.S. Equal Employment Opportunity Commission

Causes of Sexual Harassment

1) Socialisation: The way in which men and women were brought up to see themselves and others strongly influences their behaviour. Various viewpoints could create a climate that allows sexual harassment 2) Power games: Some men feel threatened by the career advancement of women Other men who have recently gained positions of power

(possibly after decades of discrimination) may also try to prove

themselves by harassing women subordinates. 3) Moral values, divorce and cultural differences: The prevalence of

marital stress and divorce in our society cultural differences about what
is, or isn't, acceptable in our rapidly-changing society could make them vulnerable to sexual harassment.

4) Credibility and victim-blaming: The credibility (The quality of

being believable or trustworthy) of the victim is often called into

question, as it is usually her word against that of the harasser/s. 5) Aggressiveness or bravado: Men in groups often behave differently from how they would as individuals. This can explain some of the "gang harassment" that occurs when a woman enters

a plant.
6) Lack of company policy

Impact of Sexual Harassment on Job Performance & Individual 1) Loss of confidence in superiors, 2) Deteriorating relationships with co-workers,

3) Increased absenteeism,
4) Increased turnover. 5) Decreases in productivity and worker longevity inevitably lead to

monetary losses for the organization.

6) Costs associated in hiring new employees to replace those who leave due to sexual harassment experiences. 7) costs associated with litigation regarding sexual harassment, 8) And finally costs required for management and minimization of

damage to organizational reputation through public relations.

LAWS ON SEXUAL HARASSMENT 1) Laws under Indian Penal Code (IPC) i. Section 209: Obscene acts and songs, to the annoyance of others like: does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place. ii. Section 354: Assault or use of criminal force on a woman with intent to outrage her modesty. Punishment: 2 years imprisonment or fine, or both iii. Section 376: Rape. Punishment: Imprisonment for life or 10 years and fine iv. Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman. Punishment: Imprisonment for 1 year, or fine, or both. (Cognisable and bailable offense)

2) The Indecent Representation of Women (Prohibition) Act (1987) If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing indecent representation of women; they are liable for a minimum sentence of two years.
3) The prohibition of sexual harassment of women at workplace bill, 2010. This Act may be called the Prohibition of sexual harassment of women at workplace bill, 2010. It extends to the whole of India except the State of Jammu and Kashmir. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 4) Central Civil Service (Conduct) Rules, 1964

Section No:

209

354
376

Actions Obscene acts and songs, to the annoyance of others like: Does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place Assault or use of criminal force on a woman with intent to outrage her modesty.
Rape

Punishment:
Imprisonment for a term up to 3 months or fine, or both. (Cognisable, bailable and triable offense) 2 years imprisonment or fine, or both

509

Imprisonment for life or 10 years and fine Imprisonment for 1 Uttering any word or making any year, or fine, or both. gesture intended to insult the (Cognisable and modesty of a woman bailable offense)

LAWS ON SEXUAL HARASSMENT (Contd.) Although it is not known to have been used in cases of sexual harassment, the provisions of this act have the potential to be used in two ways: If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc., The Indecent containing indecent representation of Representatio women; they are liable for a minimum Minimum n of Women sentence of 2 years sentence of (Prohibition) 2 years Act (1987) A hostile working environment type of argument can be made under this act. Section 7 (Offences by Companies) - holds companies where there has been indecent representation of women (such as the display of pornography) on the premises guilty of offenses under this act

MANAGING SEXUAL HARASSMENT 1) Say No Clearly Tell the person that his/her behaviour offends you. Firmly refuse all invitations. If the harassment doesnt end promptly, write a letter asking the harasser to stop and keep a copy 2) Write Down What Happened As soon as you experience the sexual harassment, start to write it down. Write down dates, places, times, and possible witnesses to what happened. If possible, ask your co-workers to write down what they saw or heard, especially if the same thing is happening to them. 3) Report the Harassment Tell your supervisor, your human resources department or some other department or to any person within your organization who has the power to stop the harassment. If possible, tell them in writing. Keep a copy of any written complaint you make to your employer.

4) Start a Paper Trail When you report the sexual harassment to your employer, do it in writing. Describe the problem and how you want it fixed. This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer. 5) Use the Grievance Procedure at Work Many employers and schools have policies for dealing with sexual harassment complaints. You may be able to resolve the problem through this process. 6) Involve your Union If you belong to a union, you may want to file a formal sexual harassment complaint through the union and try to get a shop steward or other union official to help you work through the grievance process. 7) File a lawsuit

8) To have & communicate a Clear Policy: In the employee handbook

or in some other statement of regulations, its necessary for all companies to have a clearly articulated statement about sexual harassment. 9) Train Employees about what constitutes Inappropriate

Behaviour: Just as employees need to be trained in how to perform their jobs, they also need to be trained regarding what constitutes appropriate and inappropriate behaviour toward

others in the workplace.

Companies with the Best Sexual Harassment Policies:

1.Ford Motor Company

2.Boston Globe

3.Johnson & Johnson

4.Bayer ( global enterprise with core competencies in the fields of health care, nutrition and high-tech materials) 5.TATA Power

Sexual Harassment at Lowes

This is a strange case of equal opportunity sexual harassment at a

Lowes in Washington. Two young men and one woman were subjected
to sexual harassment, and in one instance a sexual assault took place. The female plaintiff (21 at the time) was taken into the office of the 44year-old male store manager and allegedly sexually assaulted after weeks of being subjected to verbal and physical passes. She had also

been propositioned for sex by the same manager after she had received
a promotion. When the victim complained, she was fired along with two other women who had tried to reach out for help regarding sexual

harassment claims.

In 2009, Lowes was forced to pay a $1.7 million settlement to the victims. The EEOC also forced Lowes to change its sexual harassment policies and enforcement.

EEOC Regional Attorney William R. Tamayo had this to say: No worker,

regardless of gender or other discriminatory factors, should ever have to endure harassment in order to earn a paycheck. Lowes will now

provide comprehensive training to management, non-management and

all resource employees in sexual harassment awareness and how to do their part in providing a safe and discrimination-free environment.

Bibliography
1) http://www.indianwomenshealth.com/Harassment-Laws-188.aspx

2) http://safedelhi.jagori.org/deal-with-sexual-harassment/legalinformation/
3) http://www.westerncape.gov.za/eng/pubs/guides/S/63925/3 4)http://www.twc.state.tx.us/news/efte/case_studies_in_sexual_harass ment.html

5) http://www.equalrights.org/publications/kyr/shwork.asp
6) Behavior in Organisations Greenberg & Baron PHI Publication Ninth Edition Page No. 483-488