Is your workplace tackling harassment ?

UN′s 17 Sustainable Development Goals (SDGs), are an urgent call for action by all countries - developed and developing - in a global partnership. They recognize that ending poverty and other deprivations must go hand-in-hand with strategies, that improve health and education, reduce inequality, and spur economic growth – all while tackling climate change and working to preserve our oceans and forests.

Goal no. 5 is to achieve gender equality and empower all women and girls.

How a company responds to claims of pervasive sexism and discrimination in the workplace is crucial for repairing a damaged reputation and protecting its bottom line. Many believe that a company’s response is indicative of whether the industry they operate in, is serious about fixing a culture that operates on stereotypes, biases and exclusion.

The world is demanding more change in corporate culture

The demand is not unfounded, given the extent to which?gender?discrimination and sexual harassment, as well as the willingness to ignore such misconduct, are intrinsically part of the?corporate culture?in multiple industries.

However, employees, stakeholders and customers today are far less tolerant of companies that don’t share their values, particularly when social media campaigns can put instantaneous pressure on companies to act.

Thinking of workplace sexual harassment, it becomes unbearable for the employee being vulnerable, and it becomes difficult for the concerned to tackle their situation. Here the person’s mind gets bewildered on various grounds, such as career, job, money, financial freedom, family, children, and society.

In many cases, employees often get offers to perform sexual favors in return for promotions or can be threatened that they might lose their job as well. Sometimes the employee gets so traumatized that she/he even starts to become dysfunctional, mentally and physically, which consequently leads to under performance and attrition.

Can I hug my colleague at work without asking, or is this sexual harassment?

When and where does harassment start? It is helpful to note, that any form of harassment is usually humiliating and degrading and threatens the physical and mental integrity of a person.

The Istanbul Convention of the Council of Europe defines sexual harassment as:

• Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, when creating an intimidating, hostile, degrading, humiliating or offensive environment.

Harassment and sexual harassment are also defined in EU Directive 2002/73/EC.

• Harassment is said to occur “where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment”.
• Sexual harassment is “where any form of unwanted verbal, nonverbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”.

The key in understanding harassment is that any opening is unwelcome. A person may welcome and accept a sexist remark or a comment about their body, but this is likely to depend on the situation and several circumstances. However, it is important to remember that even if someone accepts – or welcomes – the behavior, it may still be degrading and humiliating. In addition, such acceptance may not be fully voluntary: it may be a result in often invisible pressure from the outside world.

A recent survey concludes that six out of ten women in Europe have endured sexist treatment or suffered sexual violence during their careers.

9 % of European women claim to have been pressured at least once for an act of sexual nature in exchange for a job or a promotion.

The survey also highlights poor reporting of such cases, saying “resignation is still the most widespread reaction.”

Employees who have talked to a person are likely to solve the problem internally, for example with a supervisor or trade unionist, remain the exception (9% to 16%).

Harassment needs not be confined to physical activities as the recent scenarios related to cyber bullying, workplace harassment, power harassment, retaliation harassment, psychological harassment, but are existing in all environments.

In India, the laws are yet to take a stand for men′s right and passing laws to protect them as well. In a survey it had been found that 53.9% of 115 people, who were questioned for the survey, believe that rape of men and boys is not an uncommon crime, and it appears more frequently than being aware of, whereas 45.2% believe that men being raped is rare.

On the other hand, a recent study shows that around 38% of the respondents across 7 cities in India said that in today’s workplaces “men are as vulnerable to sexual harassment as women.” Therefore, these surveys also support the fact that like women, men too need laws protecting them.

Lately legislation has taken effective initiatives for justice against sexual harassment. Such instances drove the companies to setting up their Internal Complaint Committees (ICC) and following the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.?

Sexual harassment violates the fundamental right of gender equality and life with dignity under Article 14 in The Constitution of India 1949.

Article 21 in The Constitution of India 1949 concerns Protection of life and personal liberty.

Section 354 in The Indian Penal Code concerns Assault or criminal force to woman with intent to outrage her modesty.

Section 376 in The Indian Penal Code concerns rape.

Whether it is men or women or trans persons, everyone should be treated with dignity and respect. In India, one of the first initiative has to be sex education. Not only in schools and institutions, but also the elder generation should cooperate in this to create a safe environment and to spread knowledge about sexual harassment.

Organizations need to educate their employees in all levels of this context, as well as the consequences in case of violation of rules and regulations and the measures to advance women in the workplace.

Experts globally agree with the?EEOC‘s findings, that new approaches are needed to address gender?diversity?issues, with particular attention to the attitude of those in charge and comprehensive changes in workplace culture, including:

1. CEOs with direct involvement in diversity initiatives and the workplace culture, and who act as examples for the prevention of sexual harassment/gender discrimination.
2. A strongly worded "zero tolerance policy" for sexual harassment and gender discrimination.
3. Managers held accountable through reporting requirements outlining concrete efforts to advance women.
4. Development of a women’s resource group to help leaders consider issues from a uniquely female perspective.
5. Clear reporting channels, including an anonymous hotline for bystanders to report misconduct.
6. An outside third-party Ombuds as an alternate method for confidential, neutral, and informal dispute resolution.
7. Gender diversity initiatives within key corporate organizational processes, such as annual internal audits to review the organization’s diversity efforts.
8. Timely actions to prevent/check aggressive or unwelcome behavior, and immediate actions in response to claims.
9. Consistent remedial actions when allegations are found to have merit.
10. Corporate policies on preventing sexual harassment/gender discrimination in the service contracts to minimize misconduct by customers and vendors.

Frequent training is necessary to ensure employees understand the details of the company’s anti-harassment and discrimination policy, and particularly on how to complain in case of harassment, as well as how to report observed harassment.

Supporting the employee without being judgmental and biased, but with empathy to the one who is unaware of the measures, will increase the willpower of the employee to stand up and fight back.