SEXUAL

HARASSMENT AT
WORKPLACE
PRASANN SINGHAL
14BEC0404
SLOT:F1+TF1
FACULTY:SEEMA A

VIT UNIVERSITY

8/9/2017
The Sexual Harassment of Women at
Workplace Act - Introduction
Sexual Harassment at the Workplace is an issue that every organisation needs to address. A
2010 survey in Indias outsourcing and information technology industry found that 88%
women employees have faced sexual harassment at work. According to another survey, one
in every five employees working at different levels at various workplaces has been subjected
to sexual harassment.
While there are provisions under the Indian Penal Code (IPC) to address sexual harassment,
not all instances of sexual harassment can be covered in IPC. The sexual harassment cases
are barely taken to employers or law agencies, because women fear adversely affecting
their career and work environment, especially when a senior official is involved.
In 1997, the Supreme Court laid down guidelines in a judgement known as the Vishaka Case.
Sadly, those guidelines were never followed strictly either by state organisations or by
private organisations. Organisations had a different stance on the guidelines, and the need
to address the issue at employer level became extremely important.
In April 2013, the Parliament passed the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, which has stronger enforcement mechanism.
The act imposes certain obligations on all employers, to ensure prevention of sexual
harassment at the workplace. Employers are required to constitute an Internal Complains
Committee (ICC) to deal with cases of sexual harassment at work. Any woman facing sexual
harassment can approach the ICC, which is empowered to award certain solutions to the
woman.

CAUSES
Sexual Harassment at the Workplace is an issue that every organisation needs to address. A
2010 survey in Indias outsourcing and information technology industry found that 88%
women employees have faced sexual harassment at work. According to another survey, one
in every five employees working at different levels at various workplaces has been subjected
to sexual harassment.
While there are provisions under the Indian Penal Code (IPC) to address sexual harassment,
not all instances of sexual harassment can be covered in IPC. The sexual harassment cases are
barely taken to employers or law agencies, because women fear adversely affecting their
career and work environment, especially when a senior official is involved.
In 1997, the Supreme Court laid down guidelines in a judgement known as the Vishaka Case.
Sadly, those guidelines were never followed strictly either by state organisations or by private
organisations. Organisations had a different stance on the guidelines, and the need to address
the issue at employer level became extremely important.
In April 2013, the Parliament passed the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, which has stronger enforcement mechanism.
The act imposes certain obligations on all employers, to ensure prevention of sexual
harassment at the workplace. Employers are required to constitute an Internal Complains
Committee (ICC) to deal with cases of sexual harassment at work. Any woman facing
sexual harassment can approach the ICC, which is empowered to award certain solutions to
the woman.

What is Workplace Sexual Harassment?

Sexual harassment at work is a form of unlawful sex discrimination. The law defines sexual
harassment as, unwelcome verbal, visual, non-verbal or physical conduct of a sexual nature
or based on someones sex that is severe or pervasive and affects working conditions or
creates a hostile work environment.

There are several key phrases in this definition that are important to understanding your
rights and any potential legal claims you may have:

Unwelcome
To be illegal, sexual harassment must be unwelcome. Unwelcome means unwanted. For this
reason, it is important to communicate (verbally, in writing, or by your actions) to the
harasser that the conduct makes you uncomfortable and that you want it to stop .

Conduct of a sexual nature or based on sex

Many different kinds of verbal, physical, nonverbal or visual conduct of a sexual nature may
be sexual harassment. Here are some examples:

Verbal or written:

Commenting about a persons clothing, personal behavior, personal (romantic)

relationships, or body;

Making sexual or sex-based jokes or innuendoes;

Requesting sexual favors or dates;

Spreading rumors about a persons personal or sexual life; and/or

Threatening a person for rejecting or refusing sexual advances or overtures;

Physical:

Impeding or blocking someones movement;

Inappropriate touching of a persons body or clothing;

Kissing, hugging, patting, or stroking; and/or

Assaulting (touching someone against her will or without her consent).

Nonverbal:

Looking up and down or staring at a persons body;

Making derogatory gestures or facial expressions of a sexual nature; and/or

Following a person around.

Visual:

Displaying or sharing posters, drawings, pictures, screensavers or emails of a sexual nature.

Sexual harassment does not have to be sexually suggestive. Harassing conduct can also be
unlawful if based on your sex or gender. For example, if you are a woman working as a
carpenter on an otherwise all-male job, and you are the only one who is singled out for
harsh criticism and verbal abuse even though your job performance is the same as your
male co-workers, such conduct may be a form of unlawful sexual harassment.

Severe or Pervasive
To meet the legal definition of harassment, the conduct in question must either be severe
or pervasive. It does not have to be both.

The law generally doesnt prohibit simple teasing, isolated offhand comments, or incidents
that happen only once and are not serious. So, generally speaking, a single unwanted
request for a date or one sexually suggestive comment that offends you and/or was
inappropriate may not be severe or pervasive. However, a single incident of very serious
conduct, like rape or attempted rape, would probably meet this part of the definition of
sexual harassment. (Such conduct may also violate other laws and/or constitute criminal
behavior.)

Harassment that is less severe but happens frequently or persists over time may be
pervasive, and therefore also meet this part of the definition. So, a number of relatively
minor separate incidents may add up to sexual harassment if the incidents negatively affect
your work environment. To determine whether the harassing conduct is pervasive, you
can ask yourself: How many times did the incidents occur? How long has the conduct been
going on? Have other people (of my same sex or gender) also been treated this way?

Affects Working Conditions or Creates a Hostile Work Environment

If you are fired, refused a promotion, demoted, given a poor performance evaluation,
reassigned to a less desirable position, shift, or location, or there is another concrete
negative employment action taken against you because you reject a sexual advance or other
conduct based on your sex, then the sexual harassment has likely affect[ed] your working
conditions.

But even if your employer does not take some action that changes the status of your
employment or directly results in you losing money (which presumably would happen if you
lost your job, were demoted, or had your hours cut), you may still have a claim for unlawful
sexual harassment if the conduct unreasonably interferes with your work performance or
creates an intimidating, hostile, or offensive work environment.

For example, it may be illegal sexual harassment if repeated sexual comments make you so
uncomfortable at work that your performance suffers or if you decline professional
opportunities because it will put you in contact with the harasser.

Keep in mind that to create a hostile work environment, the conduct has to not only make
you personally feel intimidated or offended at work, but also be the type of behavior that
would make a reasonable person of your sex, facing similar circumstances, feel that way.

Sexual Harassment is Against the Law

The laws against sexual harassment are designed to protect you from harassment by your
boss, your supervisors, your co-workers, and customers or clients that you have to deal with
at work. These laws apply to both men and women, and prohibit sexual

Can My Employer Retaliate Against Me For Complaining or Opposing Sexual

Harassment?
No. Not only is sexual harassment against the law, so is retaliating (punishing) someone for
complaining about sexual harassment or for supporting or participating in an investigation
(or other legal action) related to sexual harassment.

For example, if you complain about sexual harassment and are forced out on leave while the
harasser continues to work, or you are reassigned to a less desirable position after you write
a letter describing sexual harassment of someone else that you witnessed, these are
potentially forms of unlawful retaliation. If your employer retaliates against you for
reporting or opposing sexual harassment or for participating in an investigation or legal
action related to sexual harassment

Employer Responsibilities to Employees

Employers covered by the federal or state laws prohibiting sexual harassment are required
to take reasonable steps to prevent and promptly correct sexual harassment that occurs on
the job.
One important factor in determining whether an employer has met the requirement to take
reasonable steps to prevent and/or stop sexual harassment is whether it has issued and
distributed to employees a policy prohibiting sexual harassment and informing employees
how to make a complaint. Of course, if an employer has such a policy, but doesnt tell
employees about it, doesnt train managers how to follow it, or just fails to enforce it, then
the employer may not be taking reasonable care. The same may be true if an employer has
lawful policies, and trains employees about them, but then fails to adequately investigate
sexual harassment complaints once they are made.

It is important to note that before an employer can be held legally responsible for sexual
harassment committed by someone who is not the complaining employees supervisor,
the employer must be on notice that the harassment has occurred.

Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act,
2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 is a legislative act in India that seeks to protect women from sexual harassment at
their place of work. It was passed by the Lok Sabha (the lower house of the Indian
Parliament) on 3 September 2012. It was passed by the Rajya Sabha (the upper house of the
Indian Parliament) on 26 February 2013. The Bill got the assent of the President on 23 April
2013. The Act came into force from 9 December 2013. This statute superseded the Vishakha
Guidelines for prevention of sexual harassment introduced by the Supreme Court of India. It
was reported by the International Labour Organization that very few Indian employers were
compliant to this statute.not in citation given Most Indian employer's have not
implemented the law despite the legal requirement that any workplace with more than 10
employees need to implement it.According to a FICCI-EY November 2015 report, 36% of
Indian companies and 25% among MNCs are not compliant with the Sexual Harassment Act,
2013. The government has threatened to take stern action against employers who fail to
comply with this law.
Indias long history with sexual harassment at
workplaces:
Getting a job is tough if you are a woman in India. For many, though, finding one is only the
beginning of the nightmare.

Like in other parts of the world, sexual harassment at work is a serious concern in the
country. A survey by the Indian National Bar Association (INBA) (pdf) conducted earlier this
year, found that of the 6,047 participants (both male and female), 38% said theyd faced
harassment at the workplace. Of these, 69% did not complain about it.

While companies in Asias third-largest economy are legally required to have policies in
place against sexual harassment at the workplace, women seldom use them to complain for
fear of losing their jobs and also due to the lifelong stigma such a move could entail. Those
who finally do gather the courage to act often end up entangled in long-winding legal
procedures. In the wake of serious allegations of harassment being leveled by three women
against the CEO of entertainment startup The Viral Fever, we revisit some of the cases that
made headlines in the past few years.

Phaneesh Murthy
In 2002, Phaneesh Murthy, a director with Infosys and one of the software majors highest-
paid employees then, quit following sexual harassment allegations made by his executive
secretary. Murthy and Reka Maximovitch, the complainant, reached an out-of-court
settlement, with the latter being paid $3 million. During his next stint at iGate, another
software services firm, he was again accused of sexual harassment. In 2013, a junior
employee, with whom he allegedly had an affair in the US, sued him for charges of sexual
harassment. iGate removed Murthy as CEO and president as he had not reported his
relationship with the said employee. However, the company denied finding any instances of
sexual misconduct.

Air India
In 2012, an employee working at a restaurant at the Indira Gandhi International Airport,
New Delhi, filed a case against a senior Air India official, accusing him of sexually harassing
her. The employee worked with a firm to which Air India had outsourced work.

The woman said the official showed her porn clips, nude pictures, and made physical
advances. While the police launched a probe, the woman said her complaint to an assistant
general manager at Air India was ignored.
I complained to the AGM who said that I should take a 15-day break and would be given a
job at a different department. When I went back, the security staff refused to let me in. I
was sacked for complaining against an higher official, the woman had said then.

More recently, in September last year, a police complaint was filed against Binoy Jacob,
vice-president, Air India SATS Airports Services, Thiruvananthapuram, for sexual harassment
of a subordinate. The complaint said Jacob used sexually explicit language while talking with
women employees.

Tarun Tejpal
In November 2013, Tarun Tejpal, a senior journalist and editor-in-chief of Tehelka magazine
was accused of raping a young female staffer in an elevator in a Goa hotel. The incident took
place during the magazines annual conclave, Thinkfest. The Goa police immediately
charged Tejpal with rape, sexual harassment, taking advantage of his official position and
committing rape on a woman in his custody. Tejpal spent six months in jail before the
supreme court granted him bail.

Soon after his arrest, Shoma Choudhary, the then managing director of Tehelka had come
under criticism for her ineffective handling of the complaint and for trying to hush up the
matter.

The trial in the case is yet to begin.

AK Ganguly
In December 2013, AK Ganguly, a supreme court judge was accused by an intern of sexually
harassing her at a hotel in New Delhi. The intern first wrote about the incident in a blog,
following which the then chief justice of India set up a fact-finding panel to ascertain the
veracity of the former interns allegations.

A three-judge committee of the supreme court then indicted Ganguly of committing an act
of unwelcome behaviour and conduct of sexual nature. In July 2014, however, Indias
home ministry said there was no case against him after the Delhi police said there wasnt
enough evidence to lodge an FIR against Ganguly.

Doordarshan
An employee of Indias public-service television broadcaster, Doordarshan, had alleged that
her supervisor in Patna had sexually harassed her. She alleged that the supervisor passed
obscene comments, made physical advances, and harassed her. She officially lodged a
complaint in April 2015, and while her allegations were found to be true after an internal
probe, no action was taken. She was transferred to another Doordarshan office.

Subsequently, she approached the police but a case was not filed.
All India Radio
All India Radio (AIR), the countrys national radio broadcaster, was in the news in 2013 when
women employees complained of sexual harassment and exploitation by senior officials.
Months later, an investigation confirmed charges of sexual misconduct. Casual presenters
at FM Gold and FM Rainbow seem to be in a vulnerable position because of the casual
nature of their engagement, the ministry of information and broadcast said in its report.

The report directed AIR to install closed-circuit cameras in offices and subject staff to
surprise inspections.

Greenpeace
In 2015, a woman employee at Greenpeace India said she had had to leave her job in 2013
due to sexual harassment and rape by a colleague. Despite complaints to the human
resources department, no action was taken, though others, too, had complained against the
same person. A member of Greenpeaces internal complaints committee (ICC) told the
Times of India in 2015 that a suggestion to oust the offender was overturned by the
executive director.

Two years since, no action has been taken.

Wipro
Indias third-largest software services firm was dragged to court by an employee who
alleged that she was being discriminated against when it came to her salary and that her
manager had forced her to have an alleged affair. Shreya Ukil, who worked for Wipro in
London, filed a GBP1.2-million lawsuit in October 2015. Wipro contested the case and, in
May 2016, said the UK Employment Tribunal had ruled in its favour. Wipro Limited is
pleased that the UK Employment Tribunal has upheld the dismissal of the complainant from
the services of the organisation as appropriate and rejected claims of adverse cultural
attitude towards women in the organisation, a company spokesperson had told the
Economic Times newspaper.

RK Pachauri
In February 2015, RK Pachauri, the then director general of The Energy and Resources
Institute (TERI), was accused of sexually harassing a researcher at the organisation since
September 2013.

The 74-year-old Pachauri, who was the former chairman of the Nobel prize-winning
Intergovernmental Panel of Climate Change (IPCC), denied the allegations. He claimed his
computer and phone were hacked, but the police rubbished this. A week after the first
complaint, another woman spoke up alleging sexual harassment by Pachauri.
In March 2016, the Delhi police charged the scientist with sexual harassment, assault or use
of criminal force on a woman with intent to disrobe, stalking and gesturing, or acting with
the intension of insulting the modesty of a woman. TERI first appointed Pachauri as
executive vice-chairman despite the allegations, but eventually dismissed him from the
institution.

The Effects of Sexual Harassment in the

Workplace
A hostile working environment characterized by pervasive sexual harassment can make
employees uncomfortable, to say the least. However, the serious effects of sexual
harassment are often understated. These behaviors can cause significant health problems,
financial difficulties, and even global repercussions. If you've encountered sexual
harassment in the workplace, you have the right to consult a sexual harassment attorney .
Your labor law attorney can explain your legal rights to you and discuss your options for
obtaining damages.

Emotional Well-Being
Sexual harassment can jeopardize the victim's emotional and mental health. It can lead to
the loss of self-esteem and it may even compromise personal relationships. Sexual
harassment in the workplace can cause significant stress and anxiety. An employment
harassment lawyer is also likely to work with clients who have suffered from long-term
clinical depression as a result of sexual harassment.

Physical Health
Physical health and emotional health are closely linked. When victims of sexual harassment
experience mental and emotional problems, it often leads to physical health issues, such as
loss of appetite, headaches, weight fluctuations, and sleep disturbances. Sleep disturbances
can in turn lead to other serious health problems, such as hormonal imbalance, an increased
risk of high blood pressure, and a weakened immune system.

Financial Challenges
In addition to causing health problems, sexual harassment frequently leads to financial
challenges. It's important to tell your sexual harassment attorney in San Jose about any
financial consequences of sexual harassment, such as lost wages and unpaid leave. Some
victims of sexual harassment may even face broader career repercussions, such as the loss
of job references. They may decide to leave their current position or employer to avoid a
hostile work environment.

Global Consequences
Sexual harassment has a direct effect on employers and the global economy. Each year,
millions are lost due to absenteeism, low productivity, employee turnover, low morale, and
legal costs stemming from sexual harassment. The economy also suffers due to premature
retirement and higher insurance costs.
Major Features Of The Act
The Act defines sexual harassment at the work place and creates a mechanism for redressal
of complaints. It also provides safeguards against false or malicious charges.

The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment'
as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual
harassment.

The definition of "aggrieved woman", who will get protection under the Act is extremely
wide to cover all women, irrespective of her age or employment status, whether in the
organised or unorganised sectors, public or private and covers clients, customers and
domestic workers as well.

While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up
where there is a clear employer-employee relationship, the Act goes much further to
include organisations, department, office, branch unit etc. in the public and private sector,
organized and unorganized, hospitals, nursing homes, educational institutions, sports
institutes, stadiums, sports complex and any place visited by the employee during the
course of employment including the transportation. Even non-traditional workplaces which
involve tele-commuting will get covered under this law.

The Committee is required to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will be sent to the employer or the District Officer, as
the case may be, they are mandated to take action on the report within 60 days.

Every employer is required to constitute an Internal Complaints Committee at each office or

branch with 10 or more employees. The District Officer is required to constitute a Local
Complaints Committee at each district, and if required at the block level.

The Complaints Committees have the powers of civil courts for gathering evidence.

The Complaints Committees are required to provide for conciliation before initiating an
inquiry, if requested by the complainant.

The inquiry process under the Act should be confidential and the Act lays down a penalty of
Rs 5000 on the person who has breached confidentiality.

The Act requires employers to conduct education and sensitisation programmes and
develop policies against sexual harassment, among other obligations.

Penalties have been prescribed for employers. Non-compliance with the provisions of the
Act shall be punishable with a fine of up to 50,000. Repeated violations may lead to higher
penalties and cancellation of licence or registration to conduct business.
Government can order an officer to inspect workplace and records related to sexual
harassment in any organisation.

Remidies
In order to check sexual harassment, an organization should have clear cut policy to register
complaints of such nature and procedure for taking disciplinary action. Such guidelines is
already available through Supreme Court judgment, its only its implementation that is
required.

Every organization should have an effective employment policy that should ensure well
planned career paths based on merit to reduce the vulnerability of individuals and
harassment by those who abuse their power and authority.

There should be awareness among the staff members about sexual harassment and the
consequences they may face if they indulge in such an act. They should know their social
responsibilities to prevent such incident in their organization.

The staff member subjected to sexual harassment must first complain to the committee
members constituted for such purposes in the organization, before going to the police.

Conclusion
Sexual harassment in a work place is a sensitive issue. It cannot be checked merely providing
staff members information about the sexual harassment policy or relying on disciplinary
action. The organization must play proactive role, provide behavioral support and discuss
this aspect as a part of the work routine. The staff must nurture an inclusive, supportive,
and respectful environment in the office in order to build a congenial working atmosphere.

Equally important is that the organization must support the victim of sexual harassment,
and help to overcome the negative effects of such an experience.

Finally, every working women must know that it is high time to stand up and fight for such
injustices. Its only then sexual harassment in work place can be checked.