A

Project Report
On

“SEXUAL HARASSMENT AT WORK PLACE”

Submitted towards the partial fulfillment of

Ist Semester of M.B.A.-INSURANCE
degree course, for the subject

Research Methodology

Submitted by: Submitted to:

NIHARIKA SHARMA Dr. V. S. Shasthri

Roll No. 228 Faculty In Charge
M.B.A. –INSURANCE Faculty of Law
Ist Semester National Law University

NATIONAL LAW UNIVERSITY, JODHPUR

2009
Acknowledgement
This project provides me great opportunity of learning new interesting

areas of Research Methodology. At the same time I express my deep

sense of gratitude towards Dr V. S. Shasthri without whose guidance and

help this project would not have been a success. I owe a sincere gratitude

towards him for his untiring and instant academic and intellectual

support and guidance. Without his assistance I would not have got the

conceptual clarity. My thanks are also towards the Library of the

University as, if they wouldn’t have provided me with the data I would

not have been able to complete the project. I sincerely hope that this

project live up to his expectations.

NIHARIKA SHARMA

Roll No. 228

MBA-INSURANCE 1st semester

 RESEARCH PROPOSAL

RESEARCH AREA: SEXUAL HARASSMENT

TITLE NAME: SEXUAL HARASSMENT AT WORK PLACE.

OBJECT : TO PRESENT A PERSPECTIVE OF SEXUAL HARASSMENT AT

WORK PLACE.

INTRODUCTION :
Despite numerous court cases and over 10 years of research attention, what
we don't know about sexual harassment far exceeds what we do know. This
paper critically assesses the research literature on sexual harassment,
identifies methodological problems and proposes recommendations for
advancing our knowledge of this important construct. Over the past two
decades, workplace violence has become an alarming factor for both the
employers and the employees. Incidents of work related violence were
minimal till the 1980s. But now they are happening frequently. The companies
demand more from their employees due to reengineering, down-sizing and
globalization which increases the stress level of employees, and sometimes
causes violence in the workplace.

Today, organisations are living in an information era, with very high demand
and competition, which has a direct impact on the work environment.
Organisations have to tackle challenges to survive in the competitive
environment with heavier and intense workloads. Accumulated stress may be
the cause for an employee’s exhibiting violent behaviour. Such violent
behavior is unacceptable in a work environment, as it causes damage to both
the employer and the employee.

Workplace violence is divided into two broad categories:

• Internal workplace violence (co-workers, superiors or managers, etc.)

• External workplace violence (customers, suppliers, outsiders, etc.)

Violence in the workplace can occur due to social issues such as drug abuse,
layoffs, etc. It is found that these issues have become contributors to the
dramatic increase in workplace violence. Women tend to face violence at
whatever level they are in. When they go higher up the ladder, it is even more.

The following situations are found to be the multiple pre-incident indicators,

that induce violence in the workplace:
• Unexplained increase in absenteeism

• Frequent,vague physical complaints

• Threats to or verbal abuses of co-workers and supervisors

• Behavior which is a portent of violent behaviours

• Repeated comments that indicate suicidal tendencies

• Increased use of alcohol and/or drug abuse

• Increased mood swings

• Preoccupation with previous incidents of violence

• Explosive outbursts of anger or rage without provocation

• Noticeable decrease in attention to appearance and hygiene

• Depression and withdrawal

• Noticeably unstable emotional responses

• Escalation of domestic problems

• Fascination for violent and/or sexually explicit movies or publications.

Now every organization has started recognizing the impact of violence and the
financial consequences associated with workplace violence. There is a
dramatic increase in employee turnover and an equally dramatic drop in
employee morale. The employees lose productivity and their image in the
society. Workplace Violence Research Institute (WVRI) found that many
employers were sued under the violence act for injuries or death caused by
violence. Employees feel that it is the employer’s duty to provide a safe work
environment.

Employers can help the victim with proper counseling to reduce the risks
associated with violence. It is, in fact, the human resource manager’s
challenge, to support the employees who experience abuse. This could be
handled with a well-developed strategic plan and written policies with a real
commitment to offer support.

Employers can keep the potentially dangerous individuals under constant

monitoring for reversal of attitudes and increased productivity.

A well designed Employee Education Program and adoption of a “Confidential

Information Collection and Evaluation Center” (CICEC) will help the
organization to identify the deviant behaviours and guide them, so that a
violence-free work environment is maintained.
An effective Employee Assistance Program, can reduce the possibility of
occurrence of violence at the workplace and can also help the worker to face
the issues with confidence.

GOAL : The goals of the project were to ensure the prevention of sexual
harassment of women as to live with dignity is a human right guaranteed by
our constitution.

OBJECTIVES:

Following are the objectives of the research:

1.To study the root cause of sexual harassment.

2.Steps to be taken by the employer to avoide sexual harassment.
3.Awareness to be brought among women to stand against harassment
4. Laws under which sexual harassment case can be filed
5.Conducting enquiry by the complaints committee.
6..Criminal proceedings / disciplinary actions taken.

DEFINING THE TERMS:

SEXUAL HARASSMENT
SEXUAL DISCRIMINATION
Sex role static
Sexual role stereotyping
Sexual Abuse
Sexual Criminal Behavior

HYPOTHESIS:

SEXUAL HARASSMENT LEADS TO DEMORALISATION OF WOMEN AT

WORK PLACE.
AWARENESS TO LEGAL RECOURSE IN INCIDENTS OF SEXUAL
HARASSMENT AT WORKPLACE ARE ALARMINGLY LACKING AMONG
WOMEN.

RESEARCH QUESTIONS:
1.WHY WOMEN ARE TARGETTED?
2.WHICH AREA AND SECTOR ARE AFFECTED THE MOST?
3.WHAT KIND OF OF HARASSMENT DO MOST OF THE WOMEN FACE?
4.WHAT ARE THE CONSEQUENCES OF SEXUAL HARASSMENT?
5.HOW DO WOMEN REACT TO SEXUAL HARASSMENT?
6.AFTER FORMATION OF LAW,HOW IS SOCIETY AND WOMEN IN
SPECIFIC REACTING TO THIS LAW?

RESEARCH METHODOLOGY:

RESEARCH TYPE:
My research type will be doctrinal as well as non-doctrinal in nature and
therefore data will be collected from both primary and secondary sources.
Information collected will be tabulated, analyzed and recommendation will be
made.

DATA SOURCE:-
PRIMARY DATA SOURCE:- Data collected through the means of
questionnaire.
SECONARY DATA SOURCE: The Constitution of India, News Papers,
Magazines, various Judgments of the Courts,Internet, e-books and online
newspaper journals.

METHOD:
Analytical, Critical, Comparative, Multi-Disciplinary & Case Law analysis.

TOOLS/ TECHNIQUE:
Survey through Questionnaires. The survey will be conducted by the means of
questionnaire in which various questions on the topic will be posed to the
respondents.

LIMITATION: The area of research needs views of experts & the subjects
on which survey done, and due to time constraints their views could not be
collected.

LITERATURE TO BE SURVEYED
Sexual Harassment has long been associated with poor work performance
and poor academic performance. The impact that sexual harassment has on
its victims can be monumental. This is why reporting sexual harassment is so
important. Over the years there has been a great deal of research conducted
related to the factors that influence a person's decision to report sexual
harassment. Most of this existing literature is related specifically to the factors
that influence a women's decision to report sexual harassment. However in
recent years there has been an increase in the number of men that report
sexual harassment."

Book1:Coping with Sexual Harassment and Gender Bias

By Victoria Felice Shaw

ABSTRACT

This book depicts basic understanding of gender bias, sexism, and sexual
harassment,and how it suffers from stylistic flaws and inconsistent
documentation. The bulk of the text addresses gender stereotyping. Fictional
scenarios showing young adults in situations involving harassment and
gender bias illustrate the concepts, enhance readability, and make the ideas
more relevant to teens.The book does an adequate job of defining terms, and
its emphasis on aspects of gender bias makes it more unusual than those with
a sole focus on harassment. Positive, clear, and readable, this title is a
secondary source.

http://books.google.co.in/books?
id=4fMstJadqksC&pg=PA11&lpg=PA11&dq=research+on+sexual+harrassment+at+c
orporate+level&source=bl&ots=QyzkulU8Lr&sig=GemL4FMOo3cZPBjsF1AD9PAl35
8&hl=en&ei=wRh4Ssm0M9uXkAX27eXACQ&sa=X&oi=book_result&ct=result&resnu
m=3#v=onepage&q=&f=false

2. THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE

(PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2006

ABSTRACT

A Bill conferring upon Women the Right to Protection against Sexual

Harassment and to protect the Right to Livelihood and towards that end for
the prevention and redressal of Sexual Harassment of Women.
Whereas Sexual Harassment infringes the Fundamental Right of a woman to
gender equality under Article 14 of the Constitution of India and her Right to
life and live with dignity under Article 21 of the Constitution which includes a
Right to a safe environment free from Sexual Harassment.
And Whereas the Right to protection from Sexual Harassment and the Right
to work with dignity are recognized as universal human rights by international
conventions and instruments such as Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW), which has been ratified by
the Government of India.
Book3:HUMAN RIGHTS,JUSTICE& CONSTITUTIONAL
EMPOWERMENT
BY C.RAJ KUMAR
K.CHOCKALINGAM

In the chapter 19, sexual harassment and violence against women in india
deals with the constitutional and legal persepective.acc. to this,sexual
harassment is a violation of one’s freedom and personal integrity.it deals with
the meaning of sexual harassment,the constitutional provisions and
international conventions along with the legislative provisions.while there is no
specific legislation dealing with sexual harassment in india,each incident of
sexual harassment of a women may result in the violation of constitutional
provisions relating to fundamental rights of gender equality,the right to life and
liberty and the right to practice any profession or to be involved in any
occupation,trade and business.’

Article 1 : VISHAKA VS. STATE OF RAJASTHAN

CITATION:AIR1997SC3011

It was in 1997 in Vishaka Vs. State of Rajasthan and others, that for the first
time sexual harassment had been explicitly- legally defined as an unwelcome
sexual gesture or behaviour whether directly or indirectly as

1. Sexually coloured remarks

2. Physical contact and advances

3. Showing pornography

4. A demand or request for sexual favours

5. Any other unwelcome physical, verbal/non-verbal conduct

being sexual in nature.

It was in this landmark case that the sexual harassement was identified as a
separate illegal behaviour.The critical factor in sexual harassement is the
unwelcomeness of the behaviour. Thereby making the impact of such actions
on the recipient more relevant rather than intent of the perpetrator- which is to
be considered.

In the abovementioned case, the judgment was delivered by J.S.Verma. CJ,

on behalf of Sujata Manohar and B.N.Kirpal, JJ., on a writ petition filed by
‘Vihska’- a non Governmental organization working for gender equality by way
of PIL seeking enforcement of fundamental rights of working women under
Article.21 of the Constitution.

http://gayathiri1.tripod.com/sexualharassmentatwork.html

Article2:Sexual Harassment in the Workplace: An Economic

Analysis with Implications for Worker Rights and Labor
Standards Policy
By kaushik basu

Abstract:
Suppose a firm has a widespread reputation for sexually harassing its workers
(or it follows the practice of telling workers that if they wish to work for the firm
they must be prepared for sexual harassment). When a worker offers to work
for such a firm and is accepted, there is, therefore, a Pareto improvement. Is
there a case for banning such "contractual" sexual harassment? This paper
argues that the answer is yes, and that we can be both Paretian and ask for a
ban. A general principle, called the large-numbers argument, is developed to
justify this and it is shown that there are other areas, such as occupational
safety where this principle can be applied. That is, there may be a case for
preventing firms from exposing its workers to excessive hazards even when
each worker finds the pay attractive enough to want to submit to this. Hence,
this argument provides a general principle for deciding which market
transactions ought to be banned as obnoxious, instead of relying on ad hoc
judgments. The paper goes on to discuss how our sexual harassment laws
ought to be reformed so as to be more receptive to the needs of society.

http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=34513

Article3 :Sexual Harassment: Why the Corporate World Still

Doesn't "Get It"
Vaugkana Macy Fear

ABSTRACT.

This paper shows that in order to understand

and to resolve the problem of sexual harassment in the
workplace, the. corporate world will have to relinquish some
myths. Sexual harassment does not result from ignorance
about fhct or law. It is nor merely a culture, gender, or
communication problem. It is a problem which will be
resolved only when the corporate world recognizes that
sexual harassment is a moral problem and provides moral
education for employees. Until then, it will remain an
explosive problem for communication specialists.

http://pos.sagepub.com/cgi/pdf_extract/31/4/525

Article4: No more a personal problem

BY Chaya Srivatsa

ABSTRACT:

This article says that Harassment of a sexual nature has to be dealt with
severly and awarded the same kind of punishment that any disciplinary lapse
warrants. It is no more the ‘personal’ problem of a female employee when her
male counterpart makes any sexual advances that are unwelcome to her.
Unwelcome action of sexual nature or connotation, is illegal.

http://www.w3.org/1999/xhtml

Article5 : Sexual Harassment

BY SUSAN.M. HEATHFIELD

ABSTRACT

It Defines SEXUAL HARASSMENT i.e.it occurs when one employee makes

continued, unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature, to another
employee, against his or her wishes. It also includes the Role of
Managers in Harassment Prevention and Investigation.

http://humanresources.about.com/od/glossarys/a/sexualharassdef.htm
Questionaire for the Working Women:

1. How long should the female wait before bringing forth her concerns?

…………………………………………………………………………………………
…………………………………………………………………………………………

2. With whom in the company would the female employee speak first concerning this
problem?

………………………………………………………………………………………….
………………………………………………………………………………………….

3. With whom could she speak if that person did not respond to her problem?

…………………………………………………………………………………………..
.……………………………………………………………………………………….....

4. Could a company officer be empowered to act upon such a case, or would more
drastic acts need to occur before company action could be taken?:
……………………………………………………...
....................................................................................................................................

5. Should she contact these people in person, by telephone, or should she write a
formal letter?

…………………………………………………………………………………………
…………………………………………………………………………………………

6. If she writes a formal letter, is it required that copies be sent to other people (e.g.
the CEO)?
…………………………………………………………………………………………
…………………………………………………………………………………………

7. How quickly could your company respond to such a situation?

…………………………………………………………………………………………
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8. What is your company's policy, official or unofficial, concerning sexual
harassment?
…………………………………………………………………………………………
…………………………………………………………………………………………

9. How does your company go about informing its employees of its policy on sexual
harassment? Are letters sent out? Are workshops held?

…………………………………………………………………………………………
………………………………………………………………………………………

10. What decision do you see being made in this situation?

…………………………………………………………………………………………..
…………………………………………………………………………………………..

11. How would the decision affect both parties, i.e., what actions would be taken?

…………………………………………………………………………………………..
…………………………………………………………………………………………..

12. Could you describe an example of a sexual harassment case brought out in your
company?

…………………………………………………………………………………………..
.……………………………………………………………………………………….....

13. If yes, How long did the female wait before bringing forth her concerns?

………………………………………………………………………………………..
………………………………………………………………………………………......
....

14. How quickly did the company respond to the situation?

…………………………………………………………………………………………..
.………………………………………………………………………………………….

15. What decision was made in the situation?

………………………………………………………………………………………..
….
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