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Thread: What you must know about sexual harassment

  1. #1
    What you must know about sexual harassment

    Seema Goswami

    Women are not the only ones claiming sexual harassment at work. Men, too, have complained of being sexually targeted by their lady bosses.

    In her book Woman On Top: How To Get Ahead At Work, Seema Goswami advises lady bosses how to handle the situation with finesse.

    An excerpt
    It's not just women who complain about being harassed at the workplace. With female bosses becoming more and more common, men often have the same complaints as well. So, if you are fairly high up on the food chain or the Lady Boss herself, then it is not beyond the realm of possibility that you may be accused of being a sexual harasser. The office is an equal-opportunity zone these days -- well, at least theoretically -- so men have as much right to feel sexually targeted as women. And while some may be too macho to make an issue out of this (complaining is for sissies, isn't it?), there will be others who will feel no embarrassment about making their feelings known.

    Could this happen to you despite your best efforts? Yes, it certainly could, even if you haven't indulged in any sexual harassment. Sex is a powerful weapon to use against a woman, and some men have no compunctions about ruining reputations to settle scores. But let's not get too judgmental about that, because the workplace is also littered with women who cry 'sexual harassment' when things aren't going their way.

    But how you can avoid becoming an easy mark? First off, draw up some simple rules for engaging with your staff and stick to them.

    Don't have closed-door meeting with individual members of your workplace. If you have to tick someone off and don't want any witnesses, ostentatiously leave the door ajar to indicate that you have nothing to hide.
    Don't socialise with staff members on a one-on-one basis, even if it is just a working lunch. You never know when that could be misinterpreted and twisted around to use against you. Take your staff out in groups -- small or large -- but pay them individual attention so that they feel special.
    Don't offer to drop off or pick up members of your staff in an effort to be helpful. It may give an entirely wrong impression to the rest of the office.
    Don't work late at office with just one of your staff members. He could spread any kind of stories about you later, and you will have no way of disproving his version. Ask another member of the team to stay back or keep your secretary around to play gooseberry.
    Don't allow things to get too cosy and personal on out-of-town business trips. No downing drinks at the hotel bar, no inviting him up to your room for a nightcap, no confiding in him about how your husband doesn't seem to love you any more. Even if you are not coming on to him, he may think you are. And we all know how badly men react to rejection.
    Let's assume that you've followed all these rules, played the game by the book, and yet a member of your staff has accused you of harassing him sexually. How do you cope? First off, remember that you are not guilty. Even if it is all in his head, you did not put it there. Your conscience is clear and you have absolutely nothing to hide.

    Take the senior management into confidence at the first whiff of trouble. Bringing them up to speed on how the situation developed, detailing every interaction you have had with the complainant. If you have any theories as to why he is making these allegations -- he fears he may not be promoted, his rival has got a plum posting, etc -- share these with them. If you have any witnesses who can testify that no impropriety occurred, parade them now. That way, your case will be on its way to being established even before an official committee is formed to look into the allegation.

    At this stage, the odds are that you will carry the day. But there is a good chance that the complainant will be given the benefit of the doubt and allowed to stay on. Most companies will do the decent thing and transfer him so that he doesn't report to you. But if he is still a part of your department, you may have to deal with him occasionally. Don't allow your feelings of rancour to colour these exchanges. Be as dispassionate and calm as you can. Don't give him the satisfaction of knowing that he has rattled you. Appearing above it all is the best revenge.

    In the best-case scenario, of course, he would be asked to leave the company and find a job elsewhere. But that has its downside as well. Now, he really has nothing left to lose, so you can expect the most vicious rumours and the most offensive innuendo to do the rounds. Be prepared to have your reputation torn to shreds. There is nothing you can do about this short of sue for slander -- and that would only give the rumours a fresh lease of life. So, turn a blind eye and a deaf ear to all those stories swirling around you. Remember, this too shall pass.

    There's always the possibility that even if you are cleared of the charge because of insufficient evidence, you feel that the whiff of sexual harassment will always cling to you. And then there's the worst-case scenario in which the committee seems to agree with the complainant's version of events. What are your options in that case?

    In the end, it all depends on how thick your skin is. If you can ride through the initial months of discomfort with the necessary insouciance, well then, you should stay on and make this work. If you feel completely demoralised and shattered by the lack of trust displayed by the company, then it may be time to pack away your feelings of disillusionment along with your personal effects, clear your desk as well as your mind, and move on.

    The legal position
    ~ The Supreme Court of India's guidelines on sexual harassment

    Vishaka vs State of Rajasthan and Others, 1997, was a leading sexual harassment case concerning a worker for the State Women's Development Programme who was gang-raped as revenge for her campaigning against child marriage. The victim did not get justice in the Rajasthan High Court and the rapists were let off. This led to a women's organisation called Vishaka filing a public interest litigation (PIL) in the Supreme Court of India. In its judgement, the Supreme Court of India developed legally binding guidelines which are applicable in the workplace and other institutions, such as universities, and these are summarised below.

    ~ Sexual harassment includes 'such unwelcome sexually determined behaviour' such as:

    (a) Physical contact

    (b) A demand or request for sexual favours

    (c) Sexually coloured remarks

    (d) Showing pornography

    (e) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

    ~ Any woman who works -- either on full salary, for an honorarium, or as a volunteer -- in any organisation (government, private or in the unorganised sector) can claim protection under these guidelines. It is the duty of her employer or the institution to prevent sexual harassment and to have procedures in place for the resolution of all complaints.

    ~ It is the duty of all institutions -- both in the public and private sector -- to undertake preventive measures in this respect. These include:

    a) Express prohibition of sexual harassment should be notified and circulated.

    b) Prohibitionof sexual harassment should be included in the rules and regulations of government and public sector bodies.

    c) Private employers should include prohibition of sexual harassment in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.

    d) Appropriate work conditions should be provided for work, leisure, health and hygiene to ensure that women don't have a hostile environment at work. No woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

    ~ Once a complaint has been registered, the company must comply with the following.

    a) Set up a Complaints Committee, headed by a woman. Not less than half its members should be women.

    b) This committee should include an NGO or other organisation that is familiar with the issue of sexual harassment.

    c) The complaint should be dealt with within a certain time period.

    d) The complaint procedure must be kept confidential

    e) The complaint or witnesses must not be victimised or discriminated against.

    f) An annual report should be submitted to the government department concerned by the committee detailing the complaints and actions taken on these.

    ~ In the public or government sector, when the offence is tantamount to misconduct under service rules, disciplinary action must be taken. If the conduct in question is an offence under the Indian Penal Code, the employer must register a complaint with the appropriate authority.

    ~ The victim shall have the option to seek transfer, either for herself or the harasser.

    ~ The issue of sexual harassment should be discussed affirmatively at workers meetings, between employers and employees and on other appropriate platforms.

    ~ These guidelines set down by the Court should be prominently notified so that female employees and their employers are aware of their rights.

    ~ The employer should assist those affected by sexual harassment by outsiders or third parties.

    ~ The central and state governments should adopt measures, including legislation, to ensure that these guidelines are observed by private employers.

    Source:rediff.com
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    On Independence Day Here's wising our dreams of a new tomorrow come true for us NOW AND ALWAYS!

  2. #2
    nice article ...really very informative

    Wonderful post ......:hug2; ap ne khud likha hai hmmm

    :thumbs:
    ~*jeenah mera terah Lila too nahi pas to kiya howa_khushboo tere har pal rahai sanshoo meri sada_mai nahi jaata meri manzil kahan Yoon hee chalta rahoon mai agar_yeh hai kasa seher_ junoon ka safar tera aihsaas he too rahai gah amar *~


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  3. #3
    nahin...writer ka naam uper mention hai..
    http://img262.imageshack.us/img262/4091/69423957gy5.jpg
    On Independence Day Here's wising our dreams of a new tomorrow come true for us NOW AND ALWAYS!

  4. #4
    some people use sex as a tool for money,power and other favors from authorities
    u make me happy

  5. #5
    WORKPLACE WOES

    As more and more women are going out to work, they face an increasing risk of being subjected to some sort of sexual harassment. This article will shed some light on what exactly sexual harassment means and what recourses does a victim have?

    Sexual harassment at the workplace is not a new thing. Sixty per cent of working women have faced sexual harassment at some point of time in their working lives. For every woman who raises an outcry, there are hundreds of others who suffer in silence, quit their jobs or get transfers. For years, sexual harassment was considered an inescapable part of a working woman's life. Now awareness is slowly rising that no woman should meekly accept sexual harassment as part of her lot.

    What is sexual harassment?
    Sexual harassment is described as harassment in subtle ways, which may include sexual innuendoes, inappropriate sexual gestures and propositions for dates or sexual favours. In more blatant forms, such harassment may include leering, pinching, grabbing, hugging, patting, brushing against and touching. The Supreme Court's guidelines describe physical contact or advances; demand or request for sexual favours; sexually coloured remarks and showing pornography as offensive conduct. Sexual harassment becomes even more serious when the granting of sexual favours is made a term or condition of the individual's employment, when it interferes with the individual's work performance or it creates an intimidating or hostile work environment. The offensive conduct could be exhibited by a superior, a colleague, a subordinate or a client.






    What is the workplace?
    The workplace is any area where the employee is required to represent, carry out, perform or implement any duties, obligations or services required. By this token, a home would be a workplace for a domestic maid. For a person engaged in a field job, the area that she covers in the course of her work represents her workplace.






    Some of the well-known cases
    Sexual harassment at the workplace, as an issue, captured the collective consciousness of working women, following the Shehnaz Mudbhatkal case. This gutsy woman worked as a hostess for Saudi Arabian airlines. Her services with Saudi Arabian airlines were terminated because she refused to surrender to the sexual demands made by her superior. But Shehnaz would not give in. Filing suit, she fought for 11 years. In 1997, she was awarded full wages and continuity of services with effect from 1985. Sadly, the airlines appealed to Bombay High Court, which granted a stay.

    However, this is not the only case of its kind. In 1994, Doordarshan (Hyderabad) producer Sailaja Suman took director P L Chawla to court on charges of defamation, criminal intimidation and trying to outrage her modesty. She filed two separate cases in the metropolitan magistrate's court. Unfortunately, Suman was transferred to Lucknow.

    In another case, Nutan Sharma, a steno in the Union Ministry of Railways, was transferred, following her complaint that R P Sharma, secretary to the Chief Operating Manager, molested her.

    Alisha Chinai's suit against music composer Anu Malik, demanding Rs. 26,60,000 as damages for sexual harassment, met with a similar fate. Malik filed a Rs. 2 crore defamation suit. But the most well-known instance of a sexually harassed woman taking the help of the law to teach the harasser a lesson is that of Rupan Deol Bajaj. Bajaj was slapped on the bottom by the then DGP of Punjab, K P S Gill. Accusing him of indecent behaviour, Bajaj fought an 8-year legal battle. The hard work paid off. Gill was convicted and sentenced to three months RI.







    What are the guidelines that govern sexual harassment at the workplace?
    Sexual harassment results in the violation of the fundamental right to "gender equality" and "the right to life and liberty" besides the right under Article 15 of the Constitution (which deals with the prohibition of discrimination on grounds of religion, race, caste, creed or sex). Keeping these rights in mind, the Supreme Court has passed twelve guidelines that have the force of law. They were taken by a division bench as there was "an absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment at the workplace." These guidelines are to be observed until legislation is enacted.



    Some of these guidelines are:

    "It shall be the duty of the employer or other responsible persons in the workplace or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment."

    "The employer should initiate action in accordance with the law by making a complaint with the appropriate authority. Victims should have an option to seek their own transfer or that of the perpetrator."

    "A complaint mechanism should be created in the organisation. This complaint mechanism should ensure time-bound treatment of complaints. The complaints committee should be headed by a woman and not less than half of its members should be women. In order to prevent the possibility of undue pressure or influence from senior levels, a third party, especially a NGO familiar with sexual harassment, should be involved in the complaints committee."

    "The committee must submit an annual report to the government. Employees must be allowed to raise the issue of sexual harassment at various fora."

    The guidelines also provide for the initiation of criminal proceedings where sexual harassment is proved beyond doubt.






    How did the guidelines come about?
    When Bhanwari Devi was gang-raped as a punishment for trying to stop child marriage, women's organisations filed a writ in the Supreme Court to intervene in the matter and take steps to discourage and penalise sexual harassment at the workplace. In the wake of this incident, the Supreme Court issued guidelines. The Bhanwari Devi case revealed the hazards to which a working woman is exposed and the depravity to which sexual harassment can stoop.








    What is the employer's responsibility?
    The employer is responsible for creating appropriate working conditions for health, work, leisure and hygiene. When the victim complains to the employer, the onus is on the employer to make appropriate investigations. If the employer does not pay heed to the complaint, he can be held responsible. The employer must set up a complaint mechanism in each department of the company. The Supreme Court's guidelines are binding on Central and State governments and the private and public sector. If the employer does not comply, he has to face a writ petition for contempt of court.






    What can women do?
    As women, we can make it easier for ourselves.

    We must shed our mentality of tolerance. We have to stop telling ourselves that this kind of behaviour on the part of men is inevitable and unavoidable.
    Express strong resistance the first time it occurs. If you allow the action to take place without expressing your strongest disapproval, the offender will assume that he has your consent.

    Don't encourage males to behave unbecomingly with you or try to attract their undue attention. At all times, maintain your own self-respect.

    Dress in a manner that befits a work environment.

    In case someone behaves with you in a manner that makes you feel uncomfortable, protest loudly and at once. Let others know that such conduct has been meted out to you.

    Keep safe distance from the offending party.

    Register a First Information Report with the police station.



    As more and more women join the workforce, the law must ensure that women are able to enjoy the rights promised to them by the Constitution. We must ensure that they are treated with dignity and assured of gender equality and that they are not discriminated against on account of their sex. Considering that until retirement, we spend a little less than two-thirds of our lives working, we must take pains to ensure that we spend it in a dignified and productive manner.

    Source: seasonsindia
    http://img262.imageshack.us/img262/4091/69423957gy5.jpg
    On Independence Day Here's wising our dreams of a new tomorrow come true for us NOW AND ALWAYS!

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