Dear All,
With the current global economic condition more and more women are entering the workforce. The World over has started framing policies to protect the sexual harassesment in Workplace.
Given below is an article on Sexual Harassment from US
Current Position in US
Sexual Harassment in the Workplace
Sexual harassment in the workplace is one of the most complicated areas of employment law. It is also one of the areas that has recently received the most press.
Below is a basic guide to sexual harassment in the workplace. Please note that sexual harassment in the workplace often goes hand-in-hand with other illegal acts, like gender discrimination. If you have a problem with sexual harassment in the workplace, you should think about what else might be going on as well.
The Guide Below Is for California & Federal Law.
The principles described here apply to both. However, there are some differences that could make a difference to individual cases. It should also be noted that the damages for sexual harassment in the workplace cases differ greatly between California and Federal law. See the damages section for a more detailed explanation.
Two Types of Sexual Harassment in the Workplace
There are two types of sexual harassment in the workplace, "quid-pro-quo" and "hostile environment"
The Hostile Environment will be explained in a separate section, although where there's one, there's often the other.
Quid-Pro-Quo Harassment
"Quid-pro-quo" is Latin for "this for that." It is a trade. When the trade is on the basis of sex, it is illegal.
This is the when the employer makes sex a prerequisite to getting something in the workplace. For example: " sleep with me and you'll get the job." That's illegal. This type of sexual harassment in the workplace is the "casting couch" cliché.
Quid-pro-quo can also include negatives. For example, "sleep with me or you're fired" is also illegal.
Who can sue?
Obviously, the woman who is fired because she wouldn't sleep with the boss can sue. But so can a woman who the boss didn't even want to sleep with.
Take for example a situation where the boss asks one of his assistants to sleep with him in exchange for a promotion. She does it and gets the promotion. Under the law, she has a claim, because her agreeing to his sexual demands was a condition of the promotion. She also has a claim if she refused and didn't get the promotion.
Now, if she was just having an affair with him because she wanted to, there is no claim.
What about the other assistants? Do they have a case because the other assistant got a promotion because she was sleeping with the boss, and they did not? Probably not. In California and in most states, there is no sexual harassment in the workplace or discrimination in the workplace claim because a lover got special treatment. However, if the boss made sexual demands which they refused, and that's why they didn't get the promotion or other benefits, they have a claim.
Consent & Offensive Conduct
What about the person who accepts the offer of advancement in exchange for sex. Can she sue? She can certainly sue - she either deserved the promotion or didn't deserve it; she shouldn't have been put in the position of considering whether or not to sell her body to get it. The problem is the idea of "consent".
Sexual harassment in the workplace must be unwelcome. If she was happy with the trade-off, she has a difficult case.
First, the conduct must be "offensive". If two employees have a good time exchanging sexual jokes, it would not be sexual harassment in the workplace.
If one employee kept telling another employee sexual jokes that the second employee found offensive, it would be sexual harassment in the workplace. If two employees dated and engaged in consensual sex, this would not be sexual harassment. If one of the two then wanted to terminate the relationship, and the other used the unequal relative terms and conditions of employment of the work place to further the relationship, this would be sexual harassment in the workplace.
Jokes, pictures, touching, leering, unwanted requests for a date have all been found by courts to be sexual harassment in the workplace. Sexual harassment in the workplace can be between people of the same sex. Sexual harassment in the workplace can be a woman harassing a man.
Who can sue?
Anyone who is offended by a sexually harassing environment may theoretically sue. However, that employee's offense must be reasonable. An extremely sensitive person might not be able to maintain a claim, because her feelings of having been offended were not reasonable.
The reasonableness is evaluated by a standard that is the same as a person in the victim's circumstances. For example, what a reasonable woman might think is a hostile environment is not necessarily the same as what a man might think is a hostile environment. If it's a woman who was harassed, it's the woman's point of view that counts.
Damages In Sexual Harassment In The Workplace Cases
Victims of sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees.
In India, fortunately or unfortunately many women has been misusing this Bill as also other Women Rights protection Bills to further their own agenda.
I have raised this topic with the veiw that most Companies in India have drafted a Policy against Sexual Harassment keeping women in mind and have always put more stress on the term Sexual.
We as HR professionals should draft the policy in such a way as to protect all employees iresspective of caste,creed,race, religion and gender. As rightly said by the protagonist in the film "Indecent Proposal", "sexual harassment has nothing to do with sex but who has the power"
I am asking for opinions,comments and inputs for all members in this regard, to review the situation in your Organisation and to stop reverse discrimination. It is this bais we should all look forward because in my last organisation I have seen one employee lose his job as he was framed by his boss a lady for not pursuing her line of dishonest action.
Your feedback will be highly appreciated.
Regards,
SC
From India, Thane
Acknowledge(0)
Amend(0)
47With the current global economic condition more and more women are entering the workforce. The World over has started framing policies to protect the sexual harassesment in Workplace.
Given below is an article on Sexual Harassment from US
Current Position in US
Sexual Harassment in the Workplace
Sexual harassment in the workplace is one of the most complicated areas of employment law. It is also one of the areas that has recently received the most press.
Below is a basic guide to sexual harassment in the workplace. Please note that sexual harassment in the workplace often goes hand-in-hand with other illegal acts, like gender discrimination. If you have a problem with sexual harassment in the workplace, you should think about what else might be going on as well.
The Guide Below Is for California & Federal Law.
The principles described here apply to both. However, there are some differences that could make a difference to individual cases. It should also be noted that the damages for sexual harassment in the workplace cases differ greatly between California and Federal law. See the damages section for a more detailed explanation.
Two Types of Sexual Harassment in the Workplace
There are two types of sexual harassment in the workplace, "quid-pro-quo" and "hostile environment"
The Hostile Environment will be explained in a separate section, although where there's one, there's often the other.
Quid-Pro-Quo Harassment
"Quid-pro-quo" is Latin for "this for that." It is a trade. When the trade is on the basis of sex, it is illegal.
This is the when the employer makes sex a prerequisite to getting something in the workplace. For example: " sleep with me and you'll get the job." That's illegal. This type of sexual harassment in the workplace is the "casting couch" cliché.
Quid-pro-quo can also include negatives. For example, "sleep with me or you're fired" is also illegal.
Who can sue?
Obviously, the woman who is fired because she wouldn't sleep with the boss can sue. But so can a woman who the boss didn't even want to sleep with.
Take for example a situation where the boss asks one of his assistants to sleep with him in exchange for a promotion. She does it and gets the promotion. Under the law, she has a claim, because her agreeing to his sexual demands was a condition of the promotion. She also has a claim if she refused and didn't get the promotion.
Now, if she was just having an affair with him because she wanted to, there is no claim.
What about the other assistants? Do they have a case because the other assistant got a promotion because she was sleeping with the boss, and they did not? Probably not. In California and in most states, there is no sexual harassment in the workplace or discrimination in the workplace claim because a lover got special treatment. However, if the boss made sexual demands which they refused, and that's why they didn't get the promotion or other benefits, they have a claim.
Consent & Offensive Conduct
What about the person who accepts the offer of advancement in exchange for sex. Can she sue? She can certainly sue - she either deserved the promotion or didn't deserve it; she shouldn't have been put in the position of considering whether or not to sell her body to get it. The problem is the idea of "consent".
Sexual harassment in the workplace must be unwelcome. If she was happy with the trade-off, she has a difficult case.
First, the conduct must be "offensive". If two employees have a good time exchanging sexual jokes, it would not be sexual harassment in the workplace.
If one employee kept telling another employee sexual jokes that the second employee found offensive, it would be sexual harassment in the workplace. If two employees dated and engaged in consensual sex, this would not be sexual harassment. If one of the two then wanted to terminate the relationship, and the other used the unequal relative terms and conditions of employment of the work place to further the relationship, this would be sexual harassment in the workplace.
Jokes, pictures, touching, leering, unwanted requests for a date have all been found by courts to be sexual harassment in the workplace. Sexual harassment in the workplace can be between people of the same sex. Sexual harassment in the workplace can be a woman harassing a man.
Who can sue?
Anyone who is offended by a sexually harassing environment may theoretically sue. However, that employee's offense must be reasonable. An extremely sensitive person might not be able to maintain a claim, because her feelings of having been offended were not reasonable.
The reasonableness is evaluated by a standard that is the same as a person in the victim's circumstances. For example, what a reasonable woman might think is a hostile environment is not necessarily the same as what a man might think is a hostile environment. If it's a woman who was harassed, it's the woman's point of view that counts.
Damages In Sexual Harassment In The Workplace Cases
Victims of sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees.
In India, fortunately or unfortunately many women has been misusing this Bill as also other Women Rights protection Bills to further their own agenda.
I have raised this topic with the veiw that most Companies in India have drafted a Policy against Sexual Harassment keeping women in mind and have always put more stress on the term Sexual.
We as HR professionals should draft the policy in such a way as to protect all employees iresspective of caste,creed,race, religion and gender. As rightly said by the protagonist in the film "Indecent Proposal", "sexual harassment has nothing to do with sex but who has the power"
I am asking for opinions,comments and inputs for all members in this regard, to review the situation in your Organisation and to stop reverse discrimination. It is this bais we should all look forward because in my last organisation I have seen one employee lose his job as he was framed by his boss a lady for not pursuing her line of dishonest action.
Your feedback will be highly appreciated.
Regards,
SC
From India, Thane
Acknowledge(0)Amend(0)
Dear All,
To support my view that sexual harassment is based on women only, please click the following link:
[Link no longer exists - removed]
The text given below:
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 recourse a victim has.
Sexual harassment in the workplace is not a new thing. Sixty percent of working women have faced sexual harassment at some point 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?
What is the workplace?
Some of the well-known cases?
What are the guidelines that govern sexual harassment in the workplace?
How have the guidelines come about?
What is the employer's responsibility?
What can women do?
Sexual harassment is described as harassment in subtle ways, which may include sexual innuendoes, inappropriate sexual gestures, and propositions for dates or sexual favors. 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 favors; sexually colored remarks and showing pornography as offensive conduct.
Sexual harassment becomes even more serious when the granting of sexual favors is made a term or condition of the individual's employment, when it interferes with the individual's work performance or 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 behavior, 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 organization. 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 an 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 organizations filed a writ in the Supreme Court to intervene in the matter and take steps to discourage and penalize 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 behavior 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 a 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.
Regards,
SC
From India, Thane
Acknowledge(0)Amend(0)
To support my view that sexual harassment is based on women only, please click the following link:
[Link no longer exists - removed]
The text given below:
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 recourse a victim has.
Sexual harassment in the workplace is not a new thing. Sixty percent of working women have faced sexual harassment at some point 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?
What is the workplace?
Some of the well-known cases?
What are the guidelines that govern sexual harassment in the workplace?
How have the guidelines come about?
What is the employer's responsibility?
What can women do?
Sexual harassment is described as harassment in subtle ways, which may include sexual innuendoes, inappropriate sexual gestures, and propositions for dates or sexual favors. 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 favors; sexually colored remarks and showing pornography as offensive conduct.
Sexual harassment becomes even more serious when the granting of sexual favors is made a term or condition of the individual's employment, when it interferes with the individual's work performance or 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 behavior, 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 organization. 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 an 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 organizations filed a writ in the Supreme Court to intervene in the matter and take steps to discourage and penalize 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 behavior 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 a 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.
Regards,
SC
From India, Thane
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Hi SC, Your contribution is great. Let the womenfolk react to this. There is also another angle to it which is emotional harassment, which is very dangerous. This kind of harassment is invisible but creates a lot of impact on individuals. One cannot complain or share about this, and this is like slow poisoning. Everything seems to be sweet and sound, but emotionally, it will take its toll. It cannot be identified, and this is in practice not only against women but against all. So, friends, beware of emotional harassment. Regards, PRADEEP
From India, Hyderabad
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From India, Hyderabad
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Contrary to your post, sexual harassment can be committed by anyone against anyone. Male to female is the most prevalent; there are cases in the US concerning female to male, as well as same-sex sexual harassment. (I speak from experience. I have been involved in resolving two cases.)
In most cases of "reverse sexual harassment" - female to male - the male is reluctant to report the episode in fear of being ridiculed by peers. (There was a movie several years ago, starring Michael Douglas, the premise of which was sexual harassment by the female.)
Nonetheless, any conduct which disrupts the workplace ("hostile work environment"), or coerces employees for sexual favors for employment-related considerations ("quid pro quo") is illegal in the US.
In addition, an employer is responsible for the conduct of employees, visitors, and vendors. Depending on circumstances, employers can be liable for the actions of non-employees.
Sexual harassment is about power and control, not gender or employment status.
PALADIN
From United States,
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In most cases of "reverse sexual harassment" - female to male - the male is reluctant to report the episode in fear of being ridiculed by peers. (There was a movie several years ago, starring Michael Douglas, the premise of which was sexual harassment by the female.)
Nonetheless, any conduct which disrupts the workplace ("hostile work environment"), or coerces employees for sexual favors for employment-related considerations ("quid pro quo") is illegal in the US.
In addition, an employer is responsible for the conduct of employees, visitors, and vendors. Depending on circumstances, employers can be liable for the actions of non-employees.
Sexual harassment is about power and control, not gender or employment status.
PALADIN
From United States,
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India still goes by the dogma that man is always the author in sexual acts and a woman can not be. So equali jure in law is impossible. regards
From India, Delhi
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From India, Delhi
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Dear members,
We need to discuss this burning issue from different perspectives:
1) In which sector/industry do we see the maximum cases?
2) At which level (managerial, non-managerial, workers) do we see the maximum cases?
3) In which class/society do we see the maximum cases?
4) Who is more responsible, men or women?
5) Under what conditions does it come to the surface? This needs to be discussed.
6) What precautionary measures should be adopted?
7) If it happens, what actions are required?
Regards,
Sidheshwar
From India, Bangalore
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We need to discuss this burning issue from different perspectives:
1) In which sector/industry do we see the maximum cases?
2) At which level (managerial, non-managerial, workers) do we see the maximum cases?
3) In which class/society do we see the maximum cases?
4) Who is more responsible, men or women?
5) Under what conditions does it come to the surface? This needs to be discussed.
6) What precautionary measures should be adopted?
7) If it happens, what actions are required?
Regards,
Sidheshwar
From India, Bangalore
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Dear Sid,
You are absolutely right. We should all frame a proper and equitable policy to counter this menace. The theme should be the concept of "who has the power" instead of gender bias and sexual acts.
Regards,
SC
From India, Thane
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You are absolutely right. We should all frame a proper and equitable policy to counter this menace. The theme should be the concept of "who has the power" instead of gender bias and sexual acts.
Regards,
SC
From India, Thane
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Dear All, I havent seen some active female members giving their valuable inputs. Regards, SC
From India, Thane
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From India, Thane
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Well, there is something to cheer about, and that is the fact that people are waking up to the harsh truth of sexual exploitation in the workplace and its serious repercussions. If the victim accuses his/her colleague/superior or others of indecent behavior, the media knows what to do next. The guilty, no matter how much they try to save face, come into the bad books of the public, and it becomes virtually impossible for them to stay peacefully with glaring eyes surrounding them.
Still, much needs to be done to ensure workplace safety. Strict rules and regulations, along with their ACTUAL IMPLEMENTATION, are the solution. No matter how powerful the culprit is, a warning must be issued, and appropriate action taken in the event of such incidents.
From India, Mumbai
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Still, much needs to be done to ensure workplace safety. Strict rules and regulations, along with their ACTUAL IMPLEMENTATION, are the solution. No matter how powerful the culprit is, a warning must be issued, and appropriate action taken in the event of such incidents.
From India, Mumbai
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"Why 'let womenfolk react to this' is a question that must be answered on behalf of all women. When the victim of sexual harassment is a woman, she is not harassed alone but her father, brother, husband too. It's a society constituted by males, females, and eunuchs. I don't think that when an issue like sexual harassment is raised, it should concern only women. It is a social, emotional, psychological, and legal issue that must be confronted by one and all irrespective of gender."
From India, Mumbai
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From India, Mumbai
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Well said Sonal...I totally agree with you, sexual harassment is not a topic to be discussed only by Women. As one of the members said it could be from Female to Male aswell. Chandini
From India, Bangalore
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From India, Bangalore
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Do you know? Without the consent of women, no man can dare to disturb women. First, a green signal, then a red signal, leads to such cases. It is not true 100%, but it is true 75%.
Regards,
Sidheshwar
From India, Bangalore
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Regards,
Sidheshwar
From India, Bangalore
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Dear Sonal,
I am asking for female members to respond not because of the issue involved but because I want a comprehensive discussion on the topic. Say whatever you want to say for or against, so that we, as HR, can create an optimum environment to eradicate this crime. As a man, while creating a policy, I may not be able to fully understand the women's point of view and vice versa. So, it is essential that women participate. This is not a debate but a discussion in which we all should give our input to frame a policy and post it on this site, so that all HRs can implement and benefit not only now but also in the future.
I agree that you can often get ridiculed if you speak out. Yes, this is one of the major drawbacks in arriving at a settlement, but the fear of ridicule must be overcome. I may sound philosophical, but people need to be idealistic sometimes and look beyond the personal to the overall picture. By keeping quiet, you will allow the culprit to get emboldened and carry out his adventure. You may get ridiculed for a certain period of time (which will decrease as time heals everything), but you are going to stop the maniac once and for all.
Kind Regards,
SC
From India, Thane
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I am asking for female members to respond not because of the issue involved but because I want a comprehensive discussion on the topic. Say whatever you want to say for or against, so that we, as HR, can create an optimum environment to eradicate this crime. As a man, while creating a policy, I may not be able to fully understand the women's point of view and vice versa. So, it is essential that women participate. This is not a debate but a discussion in which we all should give our input to frame a policy and post it on this site, so that all HRs can implement and benefit not only now but also in the future.
I agree that you can often get ridiculed if you speak out. Yes, this is one of the major drawbacks in arriving at a settlement, but the fear of ridicule must be overcome. I may sound philosophical, but people need to be idealistic sometimes and look beyond the personal to the overall picture. By keeping quiet, you will allow the culprit to get emboldened and carry out his adventure. You may get ridiculed for a certain period of time (which will decrease as time heals everything), but you are going to stop the maniac once and for all.
Kind Regards,
SC
From India, Thane
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I have reviewed the user's input and made corrections for spelling, grammar, and punctuation errors as well as adjusted the paragraph formatting:
---
Ok, I got your statement and thank you for clarifying it. I guess it was a communication gap. I agree with you absolutely in your opinion that very few women dare to come out and speak against such issues.
The need of the hour is more sensitivity than ever before...
---
If you need further assistance, feel free to ask.
From India, Mumbai
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---
Ok, I got your statement and thank you for clarifying it. I guess it was a communication gap. I agree with you absolutely in your opinion that very few women dare to come out and speak against such issues.
The need of the hour is more sensitivity than ever before...
---
If you need further assistance, feel free to ask.
From India, Mumbai
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Dear Sonal, It’s my pleasure. Well dont you have a policy on this in your office. Care to share with us. Kind Regards, SC
From India, Thane
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From India, Thane
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Hi SC,
Of course, this is a burning issue and will continue to be for years to come simply because a significant mindset shift needs to occur regarding any form of gender bias, specifically sexual harassment faced by women in the workplace. My thoughts are as follows:
1. It is very challenging and often takes a considerable amount of time for a woman to recognize sexual advances. Most of the time, these advances are subtle, and when denied a promotion, the underlying reason is often gender-related. This could be due to a lack of comprehension of such advances or the rejection of them. The fundamental issue is being a woman, and what you receive is based on certain conditions. It is true that gender violence is more about power and less about sex.
2. We are raised with gender stereotypes. A woman carries her own burdens, such as the belief that she cannot accomplish certain tasks on her own and needs men's help. Both men and women contribute to these stereotypes. One common belief is that only "vampish" or "fast" women can climb the career ladder successfully. This perception is often driven by a woman's career aspirations. If a woman prioritizes her career over marriage, she is labeled as having a "loose character" and may be subjected to sexual harassment.
3. Very few cases of harassment are reported, and a significant number go unnoticed. Why is this the case? It is challenging to provide evidence, and very few individuals stand by the aggrieved woman for support. She is often left to fight this battle alone. Consequently, many women choose not to take the risk.
4. Societal stigma is another contributing factor. When a woman experiences sexual harassment, blame is often placed on her rather than the perpetrator, with factors like dressing style being highlighted. This, once again, is a matter of perception and mindset. What justification can be given for the sexual assault of underage girls? Is it their provocative attire?
5. Concerning reporting incidents to the police, it is essential for the police force to handle such cases with sensitivity. However, the prevailing insinuation is that the victim, often a girl, is at fault for being harassed. Consequently, many police officers refuse to file FIRs as they consider it a messy affair.
6. Many women are unaware of their rights, unsure of what actions to take, and unaware that they are entitled to legal representation to fight their case. There are sufficient laws in place to protect women; the issue lies in the lack of awareness among many.
In conclusion, both men and women should remove gender from the business environment and workforce. We should respect each other and the work we do, fostering a supportive atmosphere. Importantly, workshops on Gender Communication should be included in the induction programs of all companies.
DK
From India, Mangaluru
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Of course, this is a burning issue and will continue to be for years to come simply because a significant mindset shift needs to occur regarding any form of gender bias, specifically sexual harassment faced by women in the workplace. My thoughts are as follows:
1. It is very challenging and often takes a considerable amount of time for a woman to recognize sexual advances. Most of the time, these advances are subtle, and when denied a promotion, the underlying reason is often gender-related. This could be due to a lack of comprehension of such advances or the rejection of them. The fundamental issue is being a woman, and what you receive is based on certain conditions. It is true that gender violence is more about power and less about sex.
2. We are raised with gender stereotypes. A woman carries her own burdens, such as the belief that she cannot accomplish certain tasks on her own and needs men's help. Both men and women contribute to these stereotypes. One common belief is that only "vampish" or "fast" women can climb the career ladder successfully. This perception is often driven by a woman's career aspirations. If a woman prioritizes her career over marriage, she is labeled as having a "loose character" and may be subjected to sexual harassment.
3. Very few cases of harassment are reported, and a significant number go unnoticed. Why is this the case? It is challenging to provide evidence, and very few individuals stand by the aggrieved woman for support. She is often left to fight this battle alone. Consequently, many women choose not to take the risk.
4. Societal stigma is another contributing factor. When a woman experiences sexual harassment, blame is often placed on her rather than the perpetrator, with factors like dressing style being highlighted. This, once again, is a matter of perception and mindset. What justification can be given for the sexual assault of underage girls? Is it their provocative attire?
5. Concerning reporting incidents to the police, it is essential for the police force to handle such cases with sensitivity. However, the prevailing insinuation is that the victim, often a girl, is at fault for being harassed. Consequently, many police officers refuse to file FIRs as they consider it a messy affair.
6. Many women are unaware of their rights, unsure of what actions to take, and unaware that they are entitled to legal representation to fight their case. There are sufficient laws in place to protect women; the issue lies in the lack of awareness among many.
In conclusion, both men and women should remove gender from the business environment and workforce. We should respect each other and the work we do, fostering a supportive atmosphere. Importantly, workshops on Gender Communication should be included in the induction programs of all companies.
DK
From India, Mangaluru
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Now here question is to draft a policy to control such unwanted things. Pls come with pointwise policy. Regards Sidheshwar
From India, Bangalore
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From India, Bangalore
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Dear Sid,
You are right. The first thing to do is to frame a policy followed by a pledge signed by all employees to adhere to the policy. The next step is to establish guidelines on how to proceed with prosecution and, finally, outline the available redressal and corrective measures.
I look forward to receiving further input.
Regards,
SC
From India, Thane
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You are right. The first thing to do is to frame a policy followed by a pledge signed by all employees to adhere to the policy. The next step is to establish guidelines on how to proceed with prosecution and, finally, outline the available redressal and corrective measures.
I look forward to receiving further input.
Regards,
SC
From India, Thane
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Hi Swastik,
It is really a good initiative to discuss these issues in this forum.
I apologize as I was not able to see this post earlier.
According to me, in India, most of the sexual harassment happens with females (my ex-colleague has done a PhD on this topic). As per her survey report, 86% of cases happen with women employees, and only 21 percent are because of giving a green signal and then a red signal as written by somebody.
Yes, it is also true that harassment happens with men as well. I have seen that in my career, a woman boss exploiting a male subordinate in a very well-known company.
We have a policy in place for this specific issue, and there is a toll-free number where anyone experiencing any kind of harassment can report with the surety of not disclosing their identity in front of the accused.
Ours is a 33-year-old MNC, and till date, only 2 cases of such harassment have been reported. I think it purely depends on the conduct of both females and males in the organization.
Regards,
Archna
From India, Delhi
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It is really a good initiative to discuss these issues in this forum.
I apologize as I was not able to see this post earlier.
According to me, in India, most of the sexual harassment happens with females (my ex-colleague has done a PhD on this topic). As per her survey report, 86% of cases happen with women employees, and only 21 percent are because of giving a green signal and then a red signal as written by somebody.
Yes, it is also true that harassment happens with men as well. I have seen that in my career, a woman boss exploiting a male subordinate in a very well-known company.
We have a policy in place for this specific issue, and there is a toll-free number where anyone experiencing any kind of harassment can report with the surety of not disclosing their identity in front of the accused.
Ours is a 33-year-old MNC, and till date, only 2 cases of such harassment have been reported. I think it purely depends on the conduct of both females and males in the organization.
Regards,
Archna
From India, Delhi
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Dear All, Please find attached two documents which can be used as ready refernce for drafting the Policy. Regards, SC
From India, Thane
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From India, Thane
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Dr. Jogeshwar Mahanta:
India still goes by the dogma that man is always the author in sexual acts and a woman cannot be.
Are you saying that no woman in India can be accused of sexual harassment? Are you saying that no women in India hold/held positions of authority and power, or do you feel that because of the culture, a woman would not make such overtures? How do you know?
"If one employee kept telling another employee sexual jokes that the second employee found offensive, it would be sexual harassment in the workplace. If two employees dated and engaged in consensual sex..."
I think the law is clear. The post by swastik73 clearly mentions "employer" and "employee" without reference to gender.
In the above example, which one is the male? Which one is the superior, or are they peers?
Regards, PALADIN
From United States,
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India still goes by the dogma that man is always the author in sexual acts and a woman cannot be.
Are you saying that no woman in India can be accused of sexual harassment? Are you saying that no women in India hold/held positions of authority and power, or do you feel that because of the culture, a woman would not make such overtures? How do you know?
"If one employee kept telling another employee sexual jokes that the second employee found offensive, it would be sexual harassment in the workplace. If two employees dated and engaged in consensual sex..."
I think the law is clear. The post by swastik73 clearly mentions "employer" and "employee" without reference to gender.
In the above example, which one is the male? Which one is the superior, or are they peers?
Regards, PALADIN
From United States,
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Dear All, The whole objective of this debate is getting lost, if we go in for a man-woman fight. Let us be neutral and give our comments. Regards, SC
From India, Thane
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From India, Thane
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Hi all,
It was a very informative read. I am an MBA HR student, and today we had a class presentation on awareness and training programs for sexual harassment. One issue that was raised during the discussion and remained unresolved was whether "somebody telling sexually explicit jokes to a group of men and women in the workplace is also a form of sexual harassment." People had varied opinions on this matter. Some individuals, especially those brought up in an open environment with modern mentalities, may not see any problem with such situations. However, we must also consider those who are uncomfortable with this level of openness.
The question at hand is, should the sharing of sexually explicit jokes in the workplace be classified as sexual harassment? I would appreciate hearing your views on this.
Regards,
Smita
From India, Hyderabad
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It was a very informative read. I am an MBA HR student, and today we had a class presentation on awareness and training programs for sexual harassment. One issue that was raised during the discussion and remained unresolved was whether "somebody telling sexually explicit jokes to a group of men and women in the workplace is also a form of sexual harassment." People had varied opinions on this matter. Some individuals, especially those brought up in an open environment with modern mentalities, may not see any problem with such situations. However, we must also consider those who are uncomfortable with this level of openness.
The question at hand is, should the sharing of sexually explicit jokes in the workplace be classified as sexual harassment? I would appreciate hearing your views on this.
Regards,
Smita
From India, Hyderabad
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Hi All,
So much water has flowed into the Ganga and Godavari. Similarly, many Cite HR members have reacted to this subject, some wildly and some mildly. Some have come out with bills, policies, procedures, and whatnot... everything. Everyone is bound to be harassed at one stage or another in their lives. But when we see India as a whole, women were created as the weaker sex since ancient times, as men used to hunt and bring home the food since primitive ages. Since those times, women have been confined to household chores, and they were never allowed to venture outside. That was how women were brought up, and even in India nowadays, you can see how many rural women are being confined to their homes without being aware of the modern advances the society has undergone elsewhere.
We are not far from that legacy, and many of us must have seen our elderly female relatives who have lived during those times, and can give us an appropriate picture of how women were treated in the olden days. We are still carrying that legacy where women are treated as secondary to men. True, times have changed with the Industrial Revolution and then technological advances; women have been recognized as equals to men all over. But the legacy that has been carried for so many generations continues, and it takes time to change the mindsets of all Indians. The political system has to change, and the entire systems, like customs such as Sati, which are still rampant in some parts of India, and yes, the dowry system, which is present everywhere, have to go if women are to enjoy equal respect alongside men. As long as these harmful practices continue and until the commercialization of women through every useless advertisement is stopped, harassment of women will persist not only in the workplace but also at home, on the streets, in college, everywhere, as male chauvinism tries to dominate female submissiveness.
Whatever we discuss, it should be constructive, and let's not forget that we are Indians and let's not ignore our past. It should not be merely a discussion for discussion's sake.
Regards,
PRADEEP
From India, Hyderabad
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So much water has flowed into the Ganga and Godavari. Similarly, many Cite HR members have reacted to this subject, some wildly and some mildly. Some have come out with bills, policies, procedures, and whatnot... everything. Everyone is bound to be harassed at one stage or another in their lives. But when we see India as a whole, women were created as the weaker sex since ancient times, as men used to hunt and bring home the food since primitive ages. Since those times, women have been confined to household chores, and they were never allowed to venture outside. That was how women were brought up, and even in India nowadays, you can see how many rural women are being confined to their homes without being aware of the modern advances the society has undergone elsewhere.
We are not far from that legacy, and many of us must have seen our elderly female relatives who have lived during those times, and can give us an appropriate picture of how women were treated in the olden days. We are still carrying that legacy where women are treated as secondary to men. True, times have changed with the Industrial Revolution and then technological advances; women have been recognized as equals to men all over. But the legacy that has been carried for so many generations continues, and it takes time to change the mindsets of all Indians. The political system has to change, and the entire systems, like customs such as Sati, which are still rampant in some parts of India, and yes, the dowry system, which is present everywhere, have to go if women are to enjoy equal respect alongside men. As long as these harmful practices continue and until the commercialization of women through every useless advertisement is stopped, harassment of women will persist not only in the workplace but also at home, on the streets, in college, everywhere, as male chauvinism tries to dominate female submissiveness.
Whatever we discuss, it should be constructive, and let's not forget that we are Indians and let's not ignore our past. It should not be merely a discussion for discussion's sake.
Regards,
PRADEEP
From India, Hyderabad
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Dear Smita,
Regarding sexually explicit jokes, you need to judge them on a case-by-case basis. Some jokes may have other connotations, and you must also consider the level of closeness before cracking such jokes. For example, imagine if on your first day in the office, your boss starts cracking sexually explicit jokes – how would you react?
Another reason for including jokes is to prevent ridicule. I recently read an article in the Times of India where a man working as a trainer at a Golf Course in a European country received significant compensation for Sexual Harassment against his company. This was because every employee, including his boss, constantly joked and ridiculed him after he lost a game to a lady at the Golf Course.
Therefore, jokes need not necessarily be "sexual" in nature.
The quote "For men and women who have been brought up in an open environment and who have this modern kind of mentality cannot have any problem with this type of situation" emphasizes that individuals with a progressive mindset may not have issues with such scenarios.
Another point to consider is that it is incorrect to categorize a society as open or closed based solely on discussions of a "sexual" nature.
A modern and open society is typically characterized by freedom and acceptance of expression in its entirety; discussions on sex are just one aspect and should be treated as such.
Regards,
SC
From India, Thane
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Regarding sexually explicit jokes, you need to judge them on a case-by-case basis. Some jokes may have other connotations, and you must also consider the level of closeness before cracking such jokes. For example, imagine if on your first day in the office, your boss starts cracking sexually explicit jokes – how would you react?
Another reason for including jokes is to prevent ridicule. I recently read an article in the Times of India where a man working as a trainer at a Golf Course in a European country received significant compensation for Sexual Harassment against his company. This was because every employee, including his boss, constantly joked and ridiculed him after he lost a game to a lady at the Golf Course.
Therefore, jokes need not necessarily be "sexual" in nature.
The quote "For men and women who have been brought up in an open environment and who have this modern kind of mentality cannot have any problem with this type of situation" emphasizes that individuals with a progressive mindset may not have issues with such scenarios.
Another point to consider is that it is incorrect to categorize a society as open or closed based solely on discussions of a "sexual" nature.
A modern and open society is typically characterized by freedom and acceptance of expression in its entirety; discussions on sex are just one aspect and should be treated as such.
Regards,
SC
From India, Thane
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Hi Swastik!
A really nice article. The case might be true in most organizations. In my organization, more than 70 percent of the employees are women. None of them have faced such a problem. Also, none of the male employees have faced any problem in this regard.
Regards,
Shyamali
From India, Nasik
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A really nice article. The case might be true in most organizations. In my organization, more than 70 percent of the employees are women. None of them have faced such a problem. Also, none of the male employees have faced any problem in this regard.
Regards,
Shyamali
From India, Nasik
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Dear All,
This is a topic that I have been watching regularly but refraining from commenting on so far.
Here's my take on this:
1. There are two approaches to the issue of gender-based discrimination and sexual harassment:
a. Preventive (Non-discrimination)
b. Compensatory (Resolving SH Claims, rehabilitation of the "victim" and disciplinary process for the accused)
2. According to the current legislation in India, it seems that only women are covered under part 2. However, organizations can proactively implement the first approach, i.e., constitute policies that enforce non-discrimination.
3. By law, organizations are required to have an internal redressal process and a SH committee.
4. The G2/3 by Global Reporting Index (UN) are a good set of international guidelines one can refer to [link updated to site home]. (Please search for "discrimination" on the page) or refer directly to G3 guidelines: [link]
5. Greater focus is required on "inclusion and non-discrimination" rather than merely looking for ways for redressal. Education and open discussions also help in demonstrating that we, as responsible organizational members, are taking the necessary steps. It can start with a small module at Induction, as part of employee code of conduct, part of training on customer service/communication skills/leadership and ethics.
6. A framework that you may use (based on GRI):
a. Objective
b. Policy Statement
c. Company Values and Code of Conduct
d. Non-compliance with policy
e. Procedure for the implementation of the policy:
i. Existence and Basis of Policy
ii. Elements of Policy
iii. Scope of Reporting
iv. Related Job Role(s)
v. Communication of Policy
vi. Education and Training in Policy
vii. Relationship with Suppliers
viii. Supplier Responsibilities
f. Monitoring and Auditing system
g. Result for the current financial year
7. Another good resource: www.ifeminists.net
Important: Any policy that is being drafted or revised on Equal Opportunity/Non-Discrimination/Health and Safety/Sexual-Harassment (prohibition) SHOULD always be formed after employee participation. This allows for sector-specific nuances (e.g., Male guard on a late-night cab in call centers, no-touch concept for bar/restaurant workers, etc.) to be catered to.
I hope this is helpful. Please do comment. My research is based on some of the work/study I have done over the last two to three years:
1. Male Minority-experiences of men in a classroom (Paper)
2. Managing Diversity (Paper)
3. Drafting Policies for an Indian corporate giant.
Regards, Anubhuti
From India, New Delhi
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This is a topic that I have been watching regularly but refraining from commenting on so far.
Here's my take on this:
1. There are two approaches to the issue of gender-based discrimination and sexual harassment:
a. Preventive (Non-discrimination)
b. Compensatory (Resolving SH Claims, rehabilitation of the "victim" and disciplinary process for the accused)
2. According to the current legislation in India, it seems that only women are covered under part 2. However, organizations can proactively implement the first approach, i.e., constitute policies that enforce non-discrimination.
3. By law, organizations are required to have an internal redressal process and a SH committee.
4. The G2/3 by Global Reporting Index (UN) are a good set of international guidelines one can refer to [link updated to site home]. (Please search for "discrimination" on the page) or refer directly to G3 guidelines: [link]
5. Greater focus is required on "inclusion and non-discrimination" rather than merely looking for ways for redressal. Education and open discussions also help in demonstrating that we, as responsible organizational members, are taking the necessary steps. It can start with a small module at Induction, as part of employee code of conduct, part of training on customer service/communication skills/leadership and ethics.
6. A framework that you may use (based on GRI):
a. Objective
b. Policy Statement
c. Company Values and Code of Conduct
d. Non-compliance with policy
e. Procedure for the implementation of the policy:
i. Existence and Basis of Policy
ii. Elements of Policy
iii. Scope of Reporting
iv. Related Job Role(s)
v. Communication of Policy
vi. Education and Training in Policy
vii. Relationship with Suppliers
viii. Supplier Responsibilities
f. Monitoring and Auditing system
g. Result for the current financial year
7. Another good resource: www.ifeminists.net
Important: Any policy that is being drafted or revised on Equal Opportunity/Non-Discrimination/Health and Safety/Sexual-Harassment (prohibition) SHOULD always be formed after employee participation. This allows for sector-specific nuances (e.g., Male guard on a late-night cab in call centers, no-touch concept for bar/restaurant workers, etc.) to be catered to.
I hope this is helpful. Please do comment. My research is based on some of the work/study I have done over the last two to three years:
1. Male Minority-experiences of men in a classroom (Paper)
2. Managing Diversity (Paper)
3. Drafting Policies for an Indian corporate giant.
Regards, Anubhuti
From India, New Delhi
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Ok.
Nice to know that the US law is gender-neutral too! Most democracies do NOT distinguish between genders! It's elementary, isn't it?
Our lawmakers have been copying Western laws for a long time. For example, the Indian Companies Act 1956 was based on the British one. Many here may know that the then Companies Act had fines of Rs. 10 for some offenses! Ask why? The British act had a 10-pound fine in the fifties, and so our people copied it, changed the currency, and enacted the same here.
It took our lawmakers ALMOST 30 years (no jokes) i.e. till the middle of the 80s when rich industrialists paid Rs. 10 and flouted rules regularly! So came the Companies Act amendment, etc.
This is what happens when our lawmakers TRY TO copy legislation from the West. The latest mishap seems to be the DV bill, which CANNOT BE found to be so one-sided anywhere else in any other democracy!
I see. I learned something today.
Nice definition...
So that might be the next in India!
Well summarized on the last line there.
Regards,
Vinayak
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Nice to know that the US law is gender-neutral too! Most democracies do NOT distinguish between genders! It's elementary, isn't it?
Our lawmakers have been copying Western laws for a long time. For example, the Indian Companies Act 1956 was based on the British one. Many here may know that the then Companies Act had fines of Rs. 10 for some offenses! Ask why? The British act had a 10-pound fine in the fifties, and so our people copied it, changed the currency, and enacted the same here.
It took our lawmakers ALMOST 30 years (no jokes) i.e. till the middle of the 80s when rich industrialists paid Rs. 10 and flouted rules regularly! So came the Companies Act amendment, etc.
This is what happens when our lawmakers TRY TO copy legislation from the West. The latest mishap seems to be the DV bill, which CANNOT BE found to be so one-sided anywhere else in any other democracy!
I see. I learned something today.
Nice definition...
So that might be the next in India!
Well summarized on the last line there.
Regards,
Vinayak
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Dear Writer ,
After Breaking the Family “ Harmony”, now want to break the Work Place “Harmony”?
Close on the heels of the domestic violence act(A AK47 with out License to do the legal Terrorism), women’s organizations are working on the passage of a Bill on sexual harassment at the workplace.
The activists said that an “enabling environment”, which will encourage a woman employee to go ahead with her complaint as there should not be any punishment if she fail to prove her complain. The draft says that every employer shall constitute a committee chaired by an employee, preferably a woman, and including not less than two employees committed to the cause of women and one member from an NGO.
Economist Nirmala Banerjee, vice-president of the organisation, said that the activists did not intend to ignore cases of harassment of the male employee. But cases of harassment of women, as with incidents of domestic violence against them, far outnumber cases in which men are victimized.
Hence till the time the harassment against men does not reach to the level of Women, we should allow that to increase..Right??
If the women does not harrase their male employee, then why they want advance exemption in the proposed bill??
Wonder, why they are not ready to disclose it is a well planned move to get another AK47 in the name of Women Empowerment as their Legal terrorism after getting the AK 47 in the form of DV act still not covered their male employees.
LAW should be crime based , insead of any assumption of sex or caste.
From India, Delhi
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After Breaking the Family “ Harmony”, now want to break the Work Place “Harmony”?
Close on the heels of the domestic violence act(A AK47 with out License to do the legal Terrorism), women’s organizations are working on the passage of a Bill on sexual harassment at the workplace.
The activists said that an “enabling environment”, which will encourage a woman employee to go ahead with her complaint as there should not be any punishment if she fail to prove her complain. The draft says that every employer shall constitute a committee chaired by an employee, preferably a woman, and including not less than two employees committed to the cause of women and one member from an NGO.
Economist Nirmala Banerjee, vice-president of the organisation, said that the activists did not intend to ignore cases of harassment of the male employee. But cases of harassment of women, as with incidents of domestic violence against them, far outnumber cases in which men are victimized.
Hence till the time the harassment against men does not reach to the level of Women, we should allow that to increase..Right??
If the women does not harrase their male employee, then why they want advance exemption in the proposed bill??
Wonder, why they are not ready to disclose it is a well planned move to get another AK47 in the name of Women Empowerment as their Legal terrorism after getting the AK 47 in the form of DV act still not covered their male employees.
LAW should be crime based , insead of any assumption of sex or caste.
From India, Delhi
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Crime Is Crime. Punishment should be irrespective of gender, religion and caste. Let us be honest and fight for truth.
From India, Delhi
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From India, Delhi
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Economist Nirmala Banerjee, vice-president of the organization, said that the activists did not intend to ignore cases of harassment of the male employee. However, cases of harassment of women, as well as incidents of domestic violence against them, far outnumber cases in which men are victimized.
Alright. Their equation is, "if 49 men suffer and 50 women suffer; the legal protection should be provided only for women."
"Nirmalaji, expressing your rotten belief to your like-minded people is no big deal. Invite me someday for a debate, and I will prove you wrong in front of your own loyalists."
Wonder how people even tolerate such preposterous statements given by Nirmala about harassment!! What is she doing if she is not ignoring male employees? Maybe that too is a provision for women, who are sexually unsatisfied from their partners, can resort to male colleagues freely without fearing of getting accused of sexual harassment.
Long-term thinking of these male-hating feminists.
From India, Mumbai
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Alright. Their equation is, "if 49 men suffer and 50 women suffer; the legal protection should be provided only for women."
"Nirmalaji, expressing your rotten belief to your like-minded people is no big deal. Invite me someday for a debate, and I will prove you wrong in front of your own loyalists."
Wonder how people even tolerate such preposterous statements given by Nirmala about harassment!! What is she doing if she is not ignoring male employees? Maybe that too is a provision for women, who are sexually unsatisfied from their partners, can resort to male colleagues freely without fearing of getting accused of sexual harassment.
Long-term thinking of these male-hating feminists.
From India, Mumbai
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Dear Swasthik,
It is really a post that makes everyone think. First of all, it is the attitude of the person. It is all about how a woman behaves. Additionally, it is the attitude of the employer and the other men in the organization. Due to these issues, many people have faced a lot of problems and have resigned from their jobs. I don't want to disclose the name of the company as such!
Legal action must be immediately taken against men or women who are the reason for this sexual harassment. This is a very dangerous issue. We, as HR professionals, must try to frame some policies to avoid it in India. Let's not frame the policy stating that we must dismiss the person indulged in this activity. If we dismiss them from our company, he/she may do the same in another organization.
Let us share our ideas to eliminate this issue. Correct me if I am wrong!
Regards,
Nithya
From India, Madras
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It is really a post that makes everyone think. First of all, it is the attitude of the person. It is all about how a woman behaves. Additionally, it is the attitude of the employer and the other men in the organization. Due to these issues, many people have faced a lot of problems and have resigned from their jobs. I don't want to disclose the name of the company as such!
Legal action must be immediately taken against men or women who are the reason for this sexual harassment. This is a very dangerous issue. We, as HR professionals, must try to frame some policies to avoid it in India. Let's not frame the policy stating that we must dismiss the person indulged in this activity. If we dismiss them from our company, he/she may do the same in another organization.
Let us share our ideas to eliminate this issue. Correct me if I am wrong!
Regards,
Nithya
From India, Madras
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Rebel,
Not only that, as per them, in the workplace, only sexual harassment problems are acknowledged. All other forms of harassment, such as promotion issues, verbal abuse, mental stress, being forced to work late hours, and being assigned the toughest projects out of the city, are considered men's birthright, alongside their MBA degree. They have a wholesale free license. And our foolish men support that.
From India, Delhi
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Not only that, as per them, in the workplace, only sexual harassment problems are acknowledged. All other forms of harassment, such as promotion issues, verbal abuse, mental stress, being forced to work late hours, and being assigned the toughest projects out of the city, are considered men's birthright, alongside their MBA degree. They have a wholesale free license. And our foolish men support that.
From India, Delhi
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Hi Nithya,
The best thing is to remove the harassment, and it should not be specific to any gender. When we talk about equality, everything should be equal. The law should be based on crime; it should not be based on assumptions such as all men being born into criminal families and all women being born into morally upright families.
Furthermore, in the 21st century, we can effectively utilize technology, such as video cameras in the workplace, to let the truth emerge instead of relying on assumptions.
Thank you.
From India, Delhi
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The best thing is to remove the harassment, and it should not be specific to any gender. When we talk about equality, everything should be equal. The law should be based on crime; it should not be based on assumptions such as all men being born into criminal families and all women being born into morally upright families.
Furthermore, in the 21st century, we can effectively utilize technology, such as video cameras in the workplace, to let the truth emerge instead of relying on assumptions.
Thank you.
From India, Delhi
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Hi SC,
As HR practitioners, we believe we are effectively caring for our female employees. We have implemented a clear policy within our company stating that any form of sexual harassment will not be tolerated, and all employees are encouraged to come forward if they encounter such situations. Additionally, we have outlined that the consequences for such behavior will be severe, potentially leading to termination.
Thank you for enlightening us on how this issue is addressed in other countries.
Sirisha Reddy
From India, Bangalore
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As HR practitioners, we believe we are effectively caring for our female employees. We have implemented a clear policy within our company stating that any form of sexual harassment will not be tolerated, and all employees are encouraged to come forward if they encounter such situations. Additionally, we have outlined that the consequences for such behavior will be severe, potentially leading to termination.
Thank you for enlightening us on how this issue is addressed in other countries.
Sirisha Reddy
From India, Bangalore
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Hi SC,
As HR practitioners, we strive to take care of all our employees, regardless of gender. We have implemented a strict policy in our company stating that any form of sexual harassment will not be tolerated, irrespective of the gender of the victim or perpetrator. All employees are encouraged to report any incidents they encounter, and we assure them that appropriate actions will be taken, including termination if necessary.
We appreciate your insight into how similar situations are handled in other countries. It is important to ensure a fair and impartial process where all individuals involved are treated with respect and given due process.
Thank you for sharing your perspective.
Sirisha Reddy
From India, Mumbai
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As HR practitioners, we strive to take care of all our employees, regardless of gender. We have implemented a strict policy in our company stating that any form of sexual harassment will not be tolerated, irrespective of the gender of the victim or perpetrator. All employees are encouraged to report any incidents they encounter, and we assure them that appropriate actions will be taken, including termination if necessary.
We appreciate your insight into how similar situations are handled in other countries. It is important to ensure a fair and impartial process where all individuals involved are treated with respect and given due process.
Thank you for sharing your perspective.
Sirisha Reddy
From India, Mumbai
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Dear Sirisha Reddy ji,
Do you think all your male employees are born into criminal families and are inherently rapists? Could you please explain to us, what evidence you require when a woman complains?
Is her statement sufficient, considering all your female employees are from morally upright families like Raja Harish Chandra's?
One case I am aware of involves a man who has been working in the company for the past 7 years in the accounts department. A female employee, with an MBA degree and a pleasant appearance, joined just 3 months ago and developed a good relationship with the department boss. The male accountant, who did not wish to partake in their scheme to defraud the company, was accused of attempting to rape the new female employee; she even displayed torn clothing as evidence. The accountant was suspended and received no support. Is this what constitutes sexual harassment?
Why do you not consider installing video cameras in your workplace? I have observed that many textile industries have video cameras in place, so why not in these air-conditioned offices?
Let the truth be revealed instead of making assumptions, if indeed you genuinely seek to punish the actual wrongdoer.
Kind regards, [Your Name]
From India, Delhi
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Do you think all your male employees are born into criminal families and are inherently rapists? Could you please explain to us, what evidence you require when a woman complains?
Is her statement sufficient, considering all your female employees are from morally upright families like Raja Harish Chandra's?
One case I am aware of involves a man who has been working in the company for the past 7 years in the accounts department. A female employee, with an MBA degree and a pleasant appearance, joined just 3 months ago and developed a good relationship with the department boss. The male accountant, who did not wish to partake in their scheme to defraud the company, was accused of attempting to rape the new female employee; she even displayed torn clothing as evidence. The accountant was suspended and received no support. Is this what constitutes sexual harassment?
Why do you not consider installing video cameras in your workplace? I have observed that many textile industries have video cameras in place, so why not in these air-conditioned offices?
Let the truth be revealed instead of making assumptions, if indeed you genuinely seek to punish the actual wrongdoer.
Kind regards, [Your Name]
From India, Delhi
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Dear All,
I want to discuss one case with all of you. This is something that happened to one of my friend's colleagues. This colleague of my friend was going back to her home from an official party. She was offered a lift by her boss, who holds the position of Area Manager.
She was sexually harassed in the car while they were on their way home. She couldn't get out of the car because her boss took her on a very isolated route. Even if she had jumped out of the car, there would have been nobody to rescue her. In fact, she would have been in a worse condition.
The next day, she discussed this with her peers and informed her senior. Since she was working in one of the branch offices, she informed the HR at the Head Office via email.
As a result of this, her boss resigned within the next month. However, no legal notice was given to him, and he was relieved from his duties with a standard relieving letter.
My query is, is this also a case of sexual harassment in the workplace? Could a better decision have been made by the management?
Please suggest.
Regards,
Juhi
From India, Delhi
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I want to discuss one case with all of you. This is something that happened to one of my friend's colleagues. This colleague of my friend was going back to her home from an official party. She was offered a lift by her boss, who holds the position of Area Manager.
She was sexually harassed in the car while they were on their way home. She couldn't get out of the car because her boss took her on a very isolated route. Even if she had jumped out of the car, there would have been nobody to rescue her. In fact, she would have been in a worse condition.
The next day, she discussed this with her peers and informed her senior. Since she was working in one of the branch offices, she informed the HR at the Head Office via email.
As a result of this, her boss resigned within the next month. However, no legal notice was given to him, and he was relieved from his duties with a standard relieving letter.
My query is, is this also a case of sexual harassment in the workplace? Could a better decision have been made by the management?
Please suggest.
Regards,
Juhi
From India, Delhi
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Juhi,
First of all, it is not fair to comment on anything without knowing the statements of both parties.
If anything happened to your friend, in our IPC, already a lot of provisions are there, like eve-teasing, attempted rape, rape, etc. She can definitely get justice on that, provided she does not lie. Please note that in most cases, she just has to tell the truth, and she should not change her statement. The accused person has to prove his innocence beyond a reasonable doubt in front of the court.
So, already the law is in her favor, but a little smartness and the use of technology are required to find the truth, like a lie detector test, etc.
Lastly, as far as I know, many girls use their bosses to gain undue benefits, and when the same is stopped, they complain. I hope your friend's story is not the same. If she has been a victim, Indian IPC law has provided enough provisions to deal with that. First, use that instead of creating an AK47 in our workplace.
From India, Delhi
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First of all, it is not fair to comment on anything without knowing the statements of both parties.
If anything happened to your friend, in our IPC, already a lot of provisions are there, like eve-teasing, attempted rape, rape, etc. She can definitely get justice on that, provided she does not lie. Please note that in most cases, she just has to tell the truth, and she should not change her statement. The accused person has to prove his innocence beyond a reasonable doubt in front of the court.
So, already the law is in her favor, but a little smartness and the use of technology are required to find the truth, like a lie detector test, etc.
Lastly, as far as I know, many girls use their bosses to gain undue benefits, and when the same is stopped, they complain. I hope your friend's story is not the same. If she has been a victim, Indian IPC law has provided enough provisions to deal with that. First, use that instead of creating an AK47 in our workplace.
From India, Delhi
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My 2 Cents
Dear All,
I want to discuss one case with all of you. This is something that happened to one of my friend's colleagues. This colleague of my friend was going back to her home from an official party. She was offered a lift by her boss, who holds the position of Area Manager.
She was sexually harassed in the car while they were on their way home. She couldn't get out of the car because her boss took her on a very lonely route. Even if she had jumped out of the car, there would have been nobody to rescue her. In fact, she would have been in a worse condition.
The next day, she discussed this with her peers and informed her senior. Since she was working in one of the branch offices, she informed the HR at the Head Office via email.
As a result, her boss resigned within the next month. However, no legal notice was given to him, and he was relieved from his duties with a standard relieving letter.
My query is, is this also a case of sexual harassment at the workplace? Could a better decision have been made by management? Please suggest.
Regards,
Juhi
Technically/forensically, I am not sure of what was done. On the forensic side, the following could have been done:
1. A thorough forensic investigation - were there any marks on either person, i.e., proof of resistance from the woman? If she did not resist, why? Or was it willing submission that was later changed?
2. Analysis of the dress - any evidence on the dress.
3. Analyze the distance traveled by the vehicle until the next morning when the issue was reported.
4. Use of alcohol - were either party drunk? Were both drunk, etc., to determine the mental state.
5. Past histories of either party and other related issues.
On the personnel side, one will have to know the real truth, the mental state of both parties, etc., before coming to a conclusion.
Well, as I said, my 2 cents.
Regards,
Vinayak
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Dear All,
I want to discuss one case with all of you. This is something that happened to one of my friend's colleagues. This colleague of my friend was going back to her home from an official party. She was offered a lift by her boss, who holds the position of Area Manager.
She was sexually harassed in the car while they were on their way home. She couldn't get out of the car because her boss took her on a very lonely route. Even if she had jumped out of the car, there would have been nobody to rescue her. In fact, she would have been in a worse condition.
The next day, she discussed this with her peers and informed her senior. Since she was working in one of the branch offices, she informed the HR at the Head Office via email.
As a result, her boss resigned within the next month. However, no legal notice was given to him, and he was relieved from his duties with a standard relieving letter.
My query is, is this also a case of sexual harassment at the workplace? Could a better decision have been made by management? Please suggest.
Regards,
Juhi
Technically/forensically, I am not sure of what was done. On the forensic side, the following could have been done:
1. A thorough forensic investigation - were there any marks on either person, i.e., proof of resistance from the woman? If she did not resist, why? Or was it willing submission that was later changed?
2. Analysis of the dress - any evidence on the dress.
3. Analyze the distance traveled by the vehicle until the next morning when the issue was reported.
4. Use of alcohol - were either party drunk? Were both drunk, etc., to determine the mental state.
5. Past histories of either party and other related issues.
On the personnel side, one will have to know the real truth, the mental state of both parties, etc., before coming to a conclusion.
Well, as I said, my 2 cents.
Regards,
Vinayak
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In most sexual harassment cases, the facts are based on "she said, he said" statements. There are no witnesses ("in a car...lonely route"). Even in a crowd, someone can grope someone else without being observed. In Japan, "women only" subway cars have been inaugurated because of "rush hour groping."
When the alleged victim points the finger of accusation at the perpetrator, a "prima facie" (on its face) cause has been established. While there is the principle of "innocent until proven guilty," in these cases, it is beneficial to use the "preponderance of evidence" standard.
While the accused has the right to remain silent, such a position, especially in these cases, can be (and usually is) taken as a sign of guilt.
At the time of the complaint, the accuser should be informed that any false statements will result in immediate discharge. The accuser will then have the opportunity to write a statement of events that occurred. They should then initial each page. After several hours, but before the day is over, they will be given the opportunity to review the statement for errors or omissions before formally signing.
A similar procedure will be utilized with the alleged perpetrator.
One way to get to the truth is to inform the victim, at the time of the complaint, that sometime in the future, as part of the investigation and/or subsequent proceedings, they will have to face the one who is accused.
Physical evidence is inconclusive since the victim could self-inflict bruises, tear clothes, and/or arrange matters to fit their story. Similarly, any evidence as to the car, the level of sobriety, mental state, and intent are just as unreliable.
I have found that the best method is to interrogate both parties as if the victim was the perpetrator and vice versa. I usually have two other people observing the demeanor of each under questioning, after which we all compare notes and come to a consensus. It is not as easy as it sounds; some victims, as well as perpetrators, are good actors and present compelling performances.
Based on the "preponderance of evidence" and the general demeanor of the parties, a finding will be made. If it is found that the victim was harassed, the penalty is usually immediate termination, unless there are unusual circumstances, such as long work history without any prior discipline.
Hope this sheds some light on the topic.
PALADIN
From United States,
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When the alleged victim points the finger of accusation at the perpetrator, a "prima facie" (on its face) cause has been established. While there is the principle of "innocent until proven guilty," in these cases, it is beneficial to use the "preponderance of evidence" standard.
While the accused has the right to remain silent, such a position, especially in these cases, can be (and usually is) taken as a sign of guilt.
At the time of the complaint, the accuser should be informed that any false statements will result in immediate discharge. The accuser will then have the opportunity to write a statement of events that occurred. They should then initial each page. After several hours, but before the day is over, they will be given the opportunity to review the statement for errors or omissions before formally signing.
A similar procedure will be utilized with the alleged perpetrator.
One way to get to the truth is to inform the victim, at the time of the complaint, that sometime in the future, as part of the investigation and/or subsequent proceedings, they will have to face the one who is accused.
Physical evidence is inconclusive since the victim could self-inflict bruises, tear clothes, and/or arrange matters to fit their story. Similarly, any evidence as to the car, the level of sobriety, mental state, and intent are just as unreliable.
I have found that the best method is to interrogate both parties as if the victim was the perpetrator and vice versa. I usually have two other people observing the demeanor of each under questioning, after which we all compare notes and come to a consensus. It is not as easy as it sounds; some victims, as well as perpetrators, are good actors and present compelling performances.
Based on the "preponderance of evidence" and the general demeanor of the parties, a finding will be made. If it is found that the victim was harassed, the penalty is usually immediate termination, unless there are unusual circumstances, such as long work history without any prior discipline.
Hope this sheds some light on the topic.
PALADIN
From United States,
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Just have a look at the loopholes in Sexual Harassment at Workplace Laws. This law will make men's life miserable. Men are no longer safe at the workplace. Male-hating feminists are proposing such biased laws.
From India, Mumbai
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From India, Mumbai
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Dear Swaroop,
Be Cool!
As HR professionals, we must consider both sides. I never say that men are criminals. At the same time, I don't say that women are from Harish Chandhra's family. If anything happens in a weird manner, the reason will be from both sides. A woman must know how to save herself when such a situation arises. She can't always provide evidence for such incidents, my dear friend! No one said women are always right and men are wrong. We are trying to help both parties.
The most important aspect is the dress code for organizations, colleges, and it must be implemented. Termination is not a solution for this problem!
Last but not least, my humble request to all of you, be very polite when you share your ideas.
Regards,
Nithya
From India, Madras
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Be Cool!
As HR professionals, we must consider both sides. I never say that men are criminals. At the same time, I don't say that women are from Harish Chandhra's family. If anything happens in a weird manner, the reason will be from both sides. A woman must know how to save herself when such a situation arises. She can't always provide evidence for such incidents, my dear friend! No one said women are always right and men are wrong. We are trying to help both parties.
The most important aspect is the dress code for organizations, colleges, and it must be implemented. Termination is not a solution for this problem!
Last but not least, my humble request to all of you, be very polite when you share your ideas.
Regards,
Nithya
From India, Madras
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Dear All,
As I have already mentioned earlier, this thread is not a male-female fight, nor is it a debate topic. What I intended was to gather inputs (thankfully, I have received many) so that we, as HR professionals, can craft a balanced, fair, and effective Protection Against Sexual Harassment Policy. This issue is not gender-dominated, and I do not wish to be like Renuka Chowdhury, who gifted the DV Act to the women of India but turned a blind eye (when shown evidence) to a sting operation by NDTV revealing a Godman's exploitation of orphans under his care to satisfy his sexual desires (shockingly, involving girls below 13 years old and mentally challenged girls). Let us not be hypocrites and use this as a tool to further personal goals and agendas.
Regarding Juhi, I believe the company has taken the appropriate action. Juhi, please remember that to terminate or take further action, disciplinary proceedings must be initiated. However, prosecution can only occur with proper and concrete evidence, which can be challenging and uncomfortable for both the victim and management to navigate while explaining all the details in the office, where information may spread widely. Moreover, since the incident occurred outside the office's jurisdiction, the police are the proper authority to handle it.
If Juhi desires further action, she should approach the police, and your company should support her in pursuing the case. I am puzzled as to why she has not taken further action, as what you have described appears to be a serious matter amounting to sexual assault, which is a more severe offense than sexual harassment.
Regards,
SC
From India, Thane
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As I have already mentioned earlier, this thread is not a male-female fight, nor is it a debate topic. What I intended was to gather inputs (thankfully, I have received many) so that we, as HR professionals, can craft a balanced, fair, and effective Protection Against Sexual Harassment Policy. This issue is not gender-dominated, and I do not wish to be like Renuka Chowdhury, who gifted the DV Act to the women of India but turned a blind eye (when shown evidence) to a sting operation by NDTV revealing a Godman's exploitation of orphans under his care to satisfy his sexual desires (shockingly, involving girls below 13 years old and mentally challenged girls). Let us not be hypocrites and use this as a tool to further personal goals and agendas.
Regarding Juhi, I believe the company has taken the appropriate action. Juhi, please remember that to terminate or take further action, disciplinary proceedings must be initiated. However, prosecution can only occur with proper and concrete evidence, which can be challenging and uncomfortable for both the victim and management to navigate while explaining all the details in the office, where information may spread widely. Moreover, since the incident occurred outside the office's jurisdiction, the police are the proper authority to handle it.
If Juhi desires further action, she should approach the police, and your company should support her in pursuing the case. I am puzzled as to why she has not taken further action, as what you have described appears to be a serious matter amounting to sexual assault, which is a more severe offense than sexual harassment.
Regards,
SC
From India, Thane
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Nitya,
"No one told women are always right and Men are wrong. We are trying to help both the parties. But LAW and action by Company HR Managers does not prove that. Maybe HR Managers are not have enough power to give the justice, especially Men HR managers, maybe he will lose his job as well. Whereas A Women HR Managers are much more successful to give justice in certain stage, provided she believes in quality and justice principal on truth.
I agree with your comment, but the practical application is not seen. That is the reason I propose the use of technology to give the justice to the victim and punish the criminal. (It is like we know smoking is harmful for health, but we smoke per day 20 cigarettes.)
"But the Corporate world must understand the dirty game those people are trying to play in the name of 'Sexual Harassment LAW.'
Already sufficient LAW is there in India IPC, to take care of any type of harassment, let's implement the same. Let the corporate world concentrate on improving the work culture, improving the productivity of their employees. Let them work to improve the country's economy.
Please do not allow the workplace as a Gender War place, otherwise what reaction we are seeing here will be in the 'Work Place' itself. That is the reason I say, please do not spoil the Work Place Harmony.
We can't punish someone by someone's verbal statement or self-defense activity. That is my point.
"Now if someone thinks it is men vs women fight, sorry, this mindset we have to change. This is the fight between crime vs justice."
From India, Delhi
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"No one told women are always right and Men are wrong. We are trying to help both the parties. But LAW and action by Company HR Managers does not prove that. Maybe HR Managers are not have enough power to give the justice, especially Men HR managers, maybe he will lose his job as well. Whereas A Women HR Managers are much more successful to give justice in certain stage, provided she believes in quality and justice principal on truth.
I agree with your comment, but the practical application is not seen. That is the reason I propose the use of technology to give the justice to the victim and punish the criminal. (It is like we know smoking is harmful for health, but we smoke per day 20 cigarettes.)
"But the Corporate world must understand the dirty game those people are trying to play in the name of 'Sexual Harassment LAW.'
Already sufficient LAW is there in India IPC, to take care of any type of harassment, let's implement the same. Let the corporate world concentrate on improving the work culture, improving the productivity of their employees. Let them work to improve the country's economy.
Please do not allow the workplace as a Gender War place, otherwise what reaction we are seeing here will be in the 'Work Place' itself. That is the reason I say, please do not spoil the Work Place Harmony.
We can't punish someone by someone's verbal statement or self-defense activity. That is my point.
"Now if someone thinks it is men vs women fight, sorry, this mindset we have to change. This is the fight between crime vs justice."
From India, Delhi
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Paladin Ji,
The explanation given is right, but the same is not followed when the termination or any action is taken. Harassment is harassment, and the same should be considered as equal to sexual, verbal, mental, or economical harassment. We need honesty and evidence through technology.
From India, Delhi
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The explanation given is right, but the same is not followed when the termination or any action is taken. Harassment is harassment, and the same should be considered as equal to sexual, verbal, mental, or economical harassment. We need honesty and evidence through technology.
From India, Delhi
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Dear all, We are in process of drafting a policy on prevention of verbal & physical abuse at workplace Need your input to draft a better policy Thanks
From India, Delhi
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From India, Delhi
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Are bapu asaram’s Ashrams work places? Is the FIR under about half a dozen penal provisions against him fake or genuine?
From India, Delhi
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From India, Delhi
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Dear members,
The said thread originated in 2006. Later, the Indian government passed a law on sexual harassment at work in 2013. Once this act came into force, many discussions in this thread became irrelevant. To avoid miscommunication or providing incorrect guidance, this thread is being closed.
Thanks,
Dinesh Divekar
From India, Bangalore
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The said thread originated in 2006. Later, the Indian government passed a law on sexual harassment at work in 2013. Once this act came into force, many discussions in this thread became irrelevant. To avoid miscommunication or providing incorrect guidance, this thread is being closed.
Thanks,
Dinesh Divekar
From India, Bangalore
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Handbook on Sexual Harassment of Women at Workplace.pdf