Sexual Harassment

At Work Place
“There remains what seems like an
impenetrable wall of silence around violence
By and we must all play a role in breaking this
Muhammad Hasan Saeed silence.” Reese Witherspoon
Muhammad Shahzaib Hanif
Mubashar Iftikhar
Afzaal Fayaz

Summary:
The EEOC has defined sexual harassment in its guidelines as:
“Unwelcome sexual advances, requests for sexual favours, and other verbal or
physical conduct of a sexual nature when:
 Submission to such conduct is made either explicitly or implicitly as a
term or condition of an individual's employment, or
 Submission to or rejection of such conduct by an individual is used as
a basis for employment decisions affecting such individual, or
 Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.”
Unwelcome Behaviour is the critical word. Unwelcome does not mean "involuntary."
It Means that “A victim may
consent or agree to certain
conduct and actively
participate in it even though it
is offensive and objectionable.
Therefore, sexual conduct is
unwelcome whenever the
person subjected to it
considers it unwelcome.
Whether the person in fact
welcomed a request for a date,
sex-oriented comment, or joke
depends on all the
circumstances.”

Aims/Objectives: Figure 1: Example of sexual & Non-Sexual Harassment

Objective of the case study is to learn about the initiatives of the different companies
facing complaint of Sexual Harassment. To assert the valediction of the complaint is a
critical process. In many cases the information provided by the victim is fabricated,
biased, based upon personal revenge or forged to defile the opponent’s reputation in the
company. History has witnessed such high-profile cases in which men were wrongfully
accused of sexual assault, for example, the Duke lacrosse players and the former football

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 player whose alleged victim later admitted she wasn't raped. [2]
Studies suggest the prevalence of false reporting on sexual assault is from 2 to 10
percent, according to the National Sexual Violence Resource Centre. [3]

Introduction:
This Case study is based on the 3 growing companies from Oil marketing sector where
workers are provided with equal opportunities to excel.
Company A was launched by experienced Oil and Gas sector entrepreneurs which is
currently working under a registered company of oil trading (an ISO 9001:2008 Certified
Company), involved in marketing of Petroleum Products (Fuel Oil, Diesel & Lubricants)
and coal with industry and high street customers. They are the pioneers in industrial
sector, offering wide range of products and services to resolve energy issues with modern
state of the art technology. All the key members of the company management have
considerable prior experience in oil marketing and trading in domestic and international
markets. Company A is currently active and engaged in developing and maintaining
storage, transportation and supply operations. Company A owned and operated solely
and exclusively by Pakistani entrepreneurs and staff.
Company B was established in 2016 on the fundaments of knowledge about petroleum &
petrochemical merchandise trading. Since then it has grown and expanded to become the
trusted name of choice in the Oil & Gas industry across the entire region. They aim their
selves to be one of the leading Oil Marketing Company (OMC) in Pakistan with the plan
of establishing over 200 Retail Outlets and 4 to 5 Oil Storages nationwide within two to
three years.
Company XYZ is one of the leading independent Oil Marketing Companies (OMCs) in
Pakistan with a significant retail network of over 470 sites nationwide. Company C is
one of the world’s largest independent midstream and downstream oil companies. The
acquisition Company XYZ in Company C forms part of Company C’s global strategy of
disciplined investment in fast-growing markets with a high demand for oil products,
offering the opportunities to improve local infrastructure, provide supply security and
world-class retail propositions to local consumers. Through joint venture Company C
would be able to attract branded retail sites, convenience stores and quality product range
to the markets of Pakistan, and undertake a significant investment program to develop
unexcelled supply chain infrastructure in-country, to ensure the fulfilment of the future
needs our retail business partners and public customers.

Method to Evaluate:
This case study employs the method of semi structured interviews for the acquisition of
authentic and first-hand experience data. Three interviews, HR manager and specialist
are interviewed individually. The reason for their selection is their multi-dimensional
knowledge and understanding about the topic as well as their personal experiences with
such situations in near past.

Context:
Company A’s Senior Manager HR say’s “There are many problems arise in daily
routine work life but the sexual harassment is a critical problem, ever a HR manager

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could face. Every HR manger may Pray, not to face such a situation.” According to
him, he faced such a situation a year ago, when a lady Marketing Coordinator filed a
complaint against Marketing Head in my department. He says “all female staff
members are really in shock and sense of insecurity is arising between them. There
were some people who were not happy with Marketing Head due to his strict behaviour
now got a chance to push him down. This is very critical situation where the dignity of
the both of the employee is more important with respect to the resolving the matter.
Although the victim did not provide any proof of this incident but at that time I had to
trust the victim condescendingly.”
In the interview conducted by the investigation committee organized and headed by
senior manager of HR department, the jury realized that victim changed her statements
frequently which rendered her suspicious. After interviewing the other co-workers,
team member found that alleged person’s conduct was very strict towards the apparent
victim due to her irresponsible work ethics.
Interviewer reported, the suspect said that “ I am asking her for the monthly report of
sales team since last week but the result is zero, this is not the first time but the all
times. She is not efficient, not producing the effect intended or desired or achieving the
effect by unnecessary and excessive expenditure of resources. I shouted due to
substandard results and told her to take strict action against her. This is why she blamed
me.”
After interviewing several times and investigating co-workers, the team declared that
lady marketing coordinator’s complaint is totally based on false information there is no
such activity/wording used by the Marketing head which is vulgar or attributable as
sexual harassment. The Lady worker changed her statements in every interview and did
not provide a single proof or reason. Investigation committee concluded that Marketing
Manager is not guilty and ordered the Lady Marketing Coordinator to resign from the
Job otherwise strict legal action would be taken against her. After this incident we
arranged a training session on “Ethical Behaviour” so that all the members must know
the values of each member and company objectives.

The reaction of Company B’s Manager HR & Admin is sympathetic to the reaction of
a person who is somehow facing the same situation he said “all of our field workers are
Male, but more than 50% of office staff is female so the possibility of such incident has
increased but most of our corporation are now encourage to work with diverse work
force so the HR manager’s responsibility has increased to manage with.” According to
him, it was a very busy day, when we heard sudden noise arising from the finance
department where a lady worker was shouting at the finance manager, alleging him of
using verbal and physical conduct of a sexual nature. She was shouting continuously
and situation was getting out of control. After Calming down the Lady worker, we
managed to investigate the case. He said “It is very difficult situation to think negative
about your co-worker even when they are posted on a very responsible position. Now
the task is to sort the matter effectively and efficiently because the company’s
reputation in market was on stake.”
I headed the investigation committee with General Manager Marketing and Manager
Legal Affairs. Investigation proceeding started immediately because management was
very concerned to resolve this matter. Lady co-worker recorded “As per the daily
routine, I was in the cabin of Finance Manager to give the previous day cash flows and
inventory record report. During the briefing of report to finance manager, he left his

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 chair, came and sat near my chair. I assumed that he might not being able to understand
the report clearly so that is why he is sitting near me, but all my assumption turned out
to be, wrong when the manager held my hand, I was scared and asked him to leave my
hand but he did not, instead he tightened the grip of his hand. I wasn’t supposed to stay
calm and be silent, so when he did not leave my hand I shouted to protect myself and
record the protest against the action of Finance Manager”
Interviewers reported, the suspect just said that “She is lying, I can’t do such type of
activity”. When they asked for the reason to leave his seat and come nearest to the lady
worker’s seat, he denied.
When the team investigated they observed that a CCTV camera which was installed
inside the office few days has recorded the clear scene of the cabin although the camera
is installed outside the cabin but the angle of camera recorded each movement inside
the glass separated cabin. Team found, that Finance Manager was guilty and submitted
their report to Management in which they reported that “Finance manager has given
false statements and lady worker’s statement is verified by the CCTV camera which is
headed toward the cabin of Finance manager. Investigation Committee advice the
management to take strict action.”
On the advice of Investigation Committee Management decided to terminate the
manager with immediate effect and mention the reason of termination on the clearance
certificate.
Company C’s Manager HR said “It is our duty to ensure the healthy and secure work
environment safe for all of our organization members and we conduct seminars on
ethical behaviour so that all the members should understand and feel convenient to
work in diverse work force. As the business opportunities are increasing day by day the
need of staff is also increased and asper the company’s policy (as the company has
equal opportunity employer) and to meet the social and legal obligation we have to
work with a diverse work force. I think it is more difficult to hire a diverse work force
then to handle it. Major task is to choose the right person on right place and in your
case (Topic of case study) right person selection by identifying his or her behaviour to
work with diverse work force is listed in top factors of an interview.”
According to him, he is fortunate enough, not to face such situation. Employees and
employer have a strong relation to build such a friendly environment by exemplifying
the values to their staff and co-workers. We are working with multi-cultural, multi-
religion and multi-sectarian people, but we have face not a single misunderstanding
regarding harassment in any manner not even sexual. This is because we have set the
rules for all and maintained a safe distance to protect ethics. A seminar is organized by
the department under the title of “Social Behaviour and Ethic” where we have invited
the national level motivational speakers quarterly and an international level
motivational speaker once a year. Besides of all these arrangements we are maintaining
a disciplinary committee to make sure that every member of the organization feels that
they will get immediate response and action if such situation occur.

Sexual Harassment at Workplaces in Pakistan:

AASHA (Alliance Against Sexual Harassment) conducted a study on sexual harassment
they found and said that “80 percent of the female employees working in the formal and
informal sectors in Pakistan are sexually harassed. The results were high for the formal
sector, both private and public organizations, where around 93 percent of the women
participants reported of sexual harassment at their workplaces. This study was conducted

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 back in 2002, and the matters have gotten worse since then.”

Figure 2: What Happened, and to whom

“Another study revealed that most of the women are aware of their rights, yet unaware
of the Protection against Harassment of women at the Workplace Act, 2010. A total of
520 workplace harassment cases were filed between the years 2008 and 2010. It makes
only 2 percent of the total violence-against-women cases reported during this time.”

In our patriarchal society where

reporting a case of sexual
harassment means questioning the
victim’s innocence, most of the
sexual harassment cases remain
unreported. Research states the
unreported number to be more than
75 percent.

According to women who have

reported harassment found that 95%
portion of men who go unpunished,
this is producing uncertain
conditions among the women
working with diverse environment.

Figure 3: Percentage Showing Results

Conclusion
Sexual harassment is a very serious offense. Organization should take respective
measures to curb it, because it is the matter of organization’s repute as well, not only of
individuals.
Make systems and policies that discourage sexual harassment and provide options for
informal and formal reporting of such incidents. It may reduce the reluctance to report
harassment as well as reduce the sexual harassment. Creating a climate that prevents
sexual harassment requires measuring the climate in relation to sexual harassment,
diversity, and respect, and assessing progress in reducing sexual harassment.

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 Transparency and accountability are crucial elements of effective sexual harassment
policies. Conduct seminars and training session on Social & Ethical behaviour while
training trainer must take care of improving knowledge of policies and of behaviours
that address sexual harassment.

Furthermore, we are concluding that “Organization adopt a clear sexual harassment

policy that should include the followings:

 define sexual harassment

 state categorically that company will not tolerate sexual harassment
 state that company will discipline or fire any wrongdoers
 set out a clear procedure for filing sexual harassment complaints
 state that organization will investigate thoroughly any complaint that would be
received, and
 state that company will not tolerate suppression of anyone who complains
against sexual harassment.”

References

1. Preventing Sexual Harassment (BNA Communications, Inc.) SDC IP.73 1992

Manual
2. https://edition.cnn.com/2014/05/16/justice/durham-lacrosse-scandal-
settlement/index.html
3. https://edition.cnn.com/2018/10/03/health/sexual-assault-false-reports/index.html

4. Figure1:-https://www.thebalancecareers.com/examples-of-sexual-and-non-
sexual-harassment-2060884
5. Figure2:-http://www.stopstreetharassment.org/resources/2018-national-sexual-
abuse-report/
6. Figure3:-https://www.inc.com/magazine/201804/minda-zetlin/sexual-harassment-
workplace-policy-metoo.html

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