Sexual Harassment at Workplace1

I. What is sexual harassment in the workplace?

Any kind of objectionable behaviour towards women at the workplace is deemed as

sexual harassment. For e.g.-

• Unwelcome sexually determined behaviour (directly or by implication).

• Physical contact and advances.
• A demand or request for sexual favours.
• Remarks with sexual connotations.
• Showing pornography.
• Any other unwelcome, verbal or non-verbal way of conduct of physical nature.

II Different types of sexual harassment

There are two types of sexual harassment at workplace-

• Quid-pro-quo
• Hostile environment.

a) Quid-pro-quo- This is when the employer makes sex a pre- requisite to getting
something in the workplace. For example- saying" If you sleep with me then your work
will be done". This can affect the career path of the employee.

Specific examples of quid pro quo harassment include:

1. requiring submission to a supervisor's request for sexual favours as a condition of

continued employment
2. granting specific job benefits such as a salary increase or promotion in exchange
for sexual favours
3. Withholding job benefits, such as a wage increase or promotion, or assigning
more arduous tasks to an employee who has rejected a supervisor's request for
sexual favours. A refusal to hire a job applicant or outright termination of
employment would, of course, be actionable in this context.

B) Hostile environment- This is an environment where an employer (a superior or a

colleague) does or says things that are uncomfortable and offensive to her as an
individual. Sexual harassment does not need to include a demand for an exchange of sex
for a job benefit. It is the creation of an uncomfortable environment. If two employees are
sharing sexual jokes and both of them are enjoying it then it may not be termed as sexual
harassment. But, if one of the two desires to terminate the relationship, and the other uses
the unequal relative terms and conditions of employment of the work place to further the
1
Complied by Dr. Meena Galliara with the help of secondary literature & discussions with lawyers,
women executives and feminist groups.
relationship, this would be sexual harassment. The conduct can be unwelcome even if
the employee does not specifically demand that the conduct stop. This kind of work
environment can affect the performance of the employee.

The determination of whether a particular act is sexual harassment or not depends on the
specific facts, context of the situation and how the person has been affected by it. Sexual
harassment can be possible between two co-workers of the same or different sex, an
employee and his client. It can be physical, visible or verbal. Examples of sexual
harassment could include various behaviours, and are not limited to some of the examples
given below:

a. Acts from male to female, female to male and between or among individuals of
the same sex which are sexual in nature and unwelcome sexual harassment may
be directed against a particular person, persons or group.
b. Verbal behaviour which is sexual in nature and unwelcome. For e.g.- epithets,
jokes, comments or slurs, repeated requests for dates, which are unwelcome.
c. Non-verbal behaviour which is sexual in nature and unwelcome, e.g., staring,
leering, lewd gestures.
d. Physical conduct which is sexual nature and unwelcome, e.g., assaults, sexual
advances such as touching, patting, pinching, impending or blocking, movement
or any physical interference with normal work or movement.
e. Visuals which are sexual in nature e.g., posters or signs, letters, poems, graffiti,
faxes, cartoons or drawings, pictures, calendars, e-mail and computer programs.

The most important aspect of workplace sexual harassment is of how the person
takes it- i.e., if she is mentally affected because of an act which actually would not be
so serious in nature it still would be called sexual harassment. So it is all to say of
how she sees the situation.

III) How does it affect a woman’s career?

Sexual harassment impinges on the woman’s right to work because it creates a hostile
environment in which she cannot function to her full potential and may be forced to leave
her job. Some of the commonly faced consequences are:

• Being forced to resign or fired by the company just because the ‘man’ who
harassed her happens to be a higher official with lots of influence and value.

• Resigning the job of her own will which actually gives rise to lots more problems
in here personal life and career.

• Taking a transfer.

• Accepting it and silently enduring it ultimately leading to poor performance and

bad results or contemplating/attempting/committing suicide.
IV) Repercussions on the perpetrator

Sometimes the perpetrator may not escape easily and not in all cases do they get away.
Once a report has been made to the higher authorities about such a person in workplace it
may result in the change of behaviour by the colleagues towards the person.

• Ignoring the perpetrator.

• Giving a negative performance review.
• Giving him or her less desirable work assignments.
• Sabotage of tools/materials.
• Suspension or dismissal.
• Filing a case against the perpetrator.

V) Why is sexual harassment such a problem?

Sexual harassment is an issue that affects all of us at the workplace, when it occurs. Many
individuals who experience sexual harassment suffer physically and psychologically from
harassment. Many are forced to quit their jobs or take sick leave to escape from the
harassment. Not only is the individual harmed, but all of his or her co-workers are
harmed either by the pervasive feeling that one cannot get ahead in the workplace without
giving sexual favours or by creating an environment where co-workers are forced to
tolerate offensive conduct and their work suffers.

Reported sexual harassment greatly underrepresents the extent of the difficulty because
most individuals are afraid to report the harassment. The very fear of retaliation or being
labelled a troublemaker keeps many individuals from reporting such an incident. Added
to it is the fear of offending the harasser, who is either a boss or a colleague. This keeps a
great majority of both men and women from directly confronting the harasser.

VI) Myths and realities of sexual harassment

Following is a list of myths and their corresponding realities. Myths about sexual
harassment are based on prevailing attitudes and stereotypes about sex, sexuality and
other compounding factors such as age, race, sexual orientation and disability. Myths
about sexual harassment deny the harmful nature of its conduct.

They shift the blame to the victim and obscure the motivation of the harasser, which is to
achieve power and control over the person harassed.

MYTH -Sexual harassment is simply an expression of sexual desire.

REALITY- Sexual harassment is an expression of hostility and aggression. It is an abuse
of power using sexual behaviour as the vehicle.
MYTH- It's no big deal if a person is harassed; it's all done in "good fun."
REALITY- Sexual harassment is abusive. It is not done in jest or "good fun"; rather, it is
done to intimidate and hurt others. All people have a right to be treated professionally
with respect, decency and consideration.

MYTH-There is a profile of a typical harasser.

REALITY- Harassers are found in all types of occupations, at all organizational levels,
among businesses, academic and all ethnic and religious groups. Those who sexually
harass are not distinguishable from their colleagues who do not harass with respect to
gender, age, marital status, rank, job title, occupation or national origin.

MYTH- Men can't help themselves when they are sexually aroused.
REALITY- Men are capable of and responsible for controlling their behaviour and
acting professional in workplaces and educational institutions, just as women are.

MYTH- If you ignore sexual harassment, it will stop.

REALITY- Generally, simply ignoring sexual harassment will not stop it. Ignoring such
behaviour may be taken as a sign of encouragement or tacit consent. Many report that
when they directly tell the harasser to stop, the harassment often, but not always, ends.

MYTH- Some people just interact in a physical way and are accustomed to touching
others, nothing is meant by this.

REALITY -Family and social interactions differ from individual to individual,

community-to-community, and ethnic and racial group to ethnic and racial group.
However, unwanted and unwelcome physical gestures such as hugging, pinching, or
brushing up against a person's body may be forms of sexual harassment. Everyone must
conform to the law.

MYTH -People who dress in a sexually attractive manner are asking for sexual
comments.
REALITY- The harasser is always responsible for having committed the harassment
regardless of an individual's appearance, behaviour, judgement, or previous actions.
Professional dress codes, if they exist, should be enforced for both sexes.

MYTH Only men can sexually harass women.

REALITY Both men and women may be targets or perpetrators of sexual harassment.
Many times men may not realize that they are sexually harassed because society has
unwritten rules that men are supposed to enjoy conversations, attention or behaviours of a
sexual nature. As such, it may be difficult for an individual man to recognize his
discomfort in these situations or to vocalize this discomfort. Also, women can harass
other women and men can harass other men. It is unwelcome sexual behaviour or
attention regardless of who is perpetrating, or who is the target of the behaviour.
MYTH -There is nothing that can be done about sexual harassment.
REALITY - On the contrary, there are many steps that can be taken to prevent sexual
harassment, and to respond appropriately when it does occur. Strong policies and
effective procedures articulated by the head of an organization or institution that are
communicated to and understood by all employees are critical for prevention

VII) What can you do if you are sexually harassed?

Firstly you have to decide what action plan works for yourself. You can start with telling
the person involved to stop the behaviour. Try to be as clear as possible. For example, "It
makes me uncomfortable when you rub my shoulders, please do not do this." If this does
not work, you should consider putting it in writing, and tell the person what conduct you
find offensive and what action you will take if it continues. For instance, "I find your
sexual jokes offensive. I consider these to be sexual harassment and I will file a
complaint if you continue to tell them to me." Date and sign the letter, keep a copy and
have a witness watch you give it the offender.

If the problem is getting serious try confiding in one of your colleagues and together
bring the matter to the attention of the higher authorities in the organisation. If none of
the above works, tell your HR person in your organisation. Check to see your
organisation has any informal complaint resolution process.

VIII) If you have decided to go ahead…

If you are serious about lodging a complaint, take these tips given here:

1. Do the unexpected: Name the behaviour. Whatever he's just done, say it, and be
specific.
2. Hold the harasser accountable for his actions. Don't make excuses for him; don't
pretend it didn't really happen. Take charge of the encounter and let people know what he
did. Privacy protects harassers, but visibility undermines them.
3. Make honest, direct statements. Speak the truth (no threats, no insults, no obscenities,
no appeasing verbal fluff and padding). Be serious, straightforward, and blunt.
4. Demand that the harassment stop.
5. Make it clear that all women have the right to be free from sexual harassment.
Objecting to harassment is a matter of principle.
6. Stick to your own agenda. Don't respond to the harasser's excuses or diversionary
tactics.
7. The abusers behaviour is the issue. Say what you have to say, and repeat it if he
persists.
8. Reinforce your statements with strong, self-respecting body language: eye contact,
head up, shoulders back, a strong, serious stance. Don't smile. Timid, submissive body
language will undermine your message.
9. Respond at the appropriate level. Use a combined verbal and physical response to
physical harassment.

IX) Complaint mechanism

A solution for resolving such cases within the organisation would be to set up an
appropriate complaint mechanism. The court has recommended provision for a complaint
committee, a special counsellor and other support services for handling complaints. The
guidelines charted out for the committee are:

a. The committee is to be headed by a woman

b. Half of the members in the committee should be women.
c. To prevent undue pressure from within the organisation, the committee should set a
third party representative from an NGO or anybody conversant with the issue.
d. When working for a case the committee members should see to it that it is handled
confidentially and within a time bound framework.