Paper Presentation on Sexual and Racial Harrasement

Submitted By :Trupti Salunkhe and Pallavi Thakur(MMS 2nd Year)

Introduction of the Subject

A few decades ago, the workplace was seen to be a space occupied largely by men. Over the years, women have started entering the workforce in large numbers and are now seen in almost every sector of the economy. With this, the composition of the workforce and the related dynamics of the workplace have undergone a change, throwing up many issues that seem to largely affect women. Studies reveal that sexual harassment is still endemic, often hidden and present in different forms within organisations. Very often, these forms of sexual harassment are so subtle and covert that women do not speak out about them, leading employers and others to believe that the issue is trivial, therefore does not have to be addressed in a systematic manner. This thinking is exacerbated by the fact that there is no awareness that sexual harassment has a deep, negative and long lasting, traumatic impact on women, both mentally, emotionally and physically. Given the patriarchal structure of most societies, the issue of sexual harassment within the workplace is an issue that needs to be highlighted and addressed highlighting the fact that workplaces should be conducive to the needs of both women and men. Today, sexual harassment within the workplace is viewed as acts of violence against women as well as a a violation of human rights.
Why is it important to address the issue of sexual harassment in the workplace

Organisations are frequently of the opinion that there is no need to set up Committees to deal with cases of sexual harassment, as there are no reported cases within their organisation. However, not having data on reported cases of sexual harassment, should in no way make one assume that there have been no such incidents. Organisations should reflect on the fact that while there is a rise in the number of incidents of sexual harassment in the workplace, as well as an increase in the national statistics of violence against women to and against this backdrop to further analyse why these happenings in society are not reflected in their organisation. If we say that organisations are the microcosms of society and reflect what actually happens in society, the absence of reported cases of sexual harassment goes against this analysis and logic, and points to the fact that there is something amiss in the organisations data on this phenomenon. What organisations need to consider is that if there is an absence of a mechanism to redress cases of sexual harassment, women are at a loss as to whom they should speak to in case they face a problem. Moreover not having a committee in place points to the fact that the organization does not recognize or give priority to these issues a clear message that such complaints are not entertained. Therefore, it is important to have a committee in place that gives clear directions about whom to approach in case of sexual harassment, the procedures that will be adopted, the length of time for investigation, etc. It is now coming to the fore, that in the absence of formal

structures, women often hold back from sharing incidents about sexual harassment. The impact of sexual harassment is so strong that the victim refrains from reporting the case due to the following reasons:

They are embarrassed and humiliated by the incident. They fear the matter will be trivialised and disregarded. There is a sense of insecurity that they will not be believed, as very often there is no proof of the incident. They feel that no action will be taken and the perpetrator will be allowed to go free. There is a fear from gossip and further humiliation. They also fear negative repercussions and retaliation from the harasser or even the principal employer. They fear being asked to leave or taking a transfer even if the harasser is found guilty.

In short, women fear being made victims twice over if they raise their voices about sexual harassment, first by complaining and secondly when they are victimised for having complained. Employers should recognise that sexual harassment in the workplace takes away from the woman her right to live and work with dignity. Often, these small and mundane instances take on accumulative and enhanced patterns, permeating the entire lives of the affected women. It is therefore of crucial importance to define and label these behaviours as sexual harassment, thereby recognising that they do exist and have a negative impact on the environment of the workplace. It is only by doing so will organisations/ individuals recognise that they are common occurrences and important to address rather than trite and confined to just a particular woman and her peculiarities (Wise and Stanely in Thomas and Kitzinger 1997:114).

RACIAL HARRASEMENT
Racial harassment occurs when a person or group repeatedly uses discriminatory remarks, behaviours or practices to show racial intolerance against a co-worker or their colour, descent, culture, language or religion. For example: Making jokes, insinuations, humiliating comments or racially oriented remarks. Criticizing and being intolerant in regards to the victims differences: his or her accent, clothing, hairdo, customs and beliefs. Acting seemingly disgusted or showing contempt in the victims presence. Finding excuses for not working with the victim. Stereotyping the victim with subordinate tasks or case-loads. Trying to hinder or stop the victims chances for a promotion. Showing comic strips, pictures or images that are racially degrading.

Warning! When joining a professional association or union, or when signing a contract, keep a watchful eye on discriminatory measures.

Consequences of Racial Harrasement

FOR THE VICTIM The victim of racial harassment feels hurt, outraged and humiliated. He or she feels rejected, unable to function properly, be self-achieving and move forward because of invisible barriers raised against the victim at work.

FOR WITNESSES INSIDE THE ORGANIZATION

Racial harassment can deteriorate the work environment. The victim's colleagues may feel uneasy, tend to lose interest in their work, and do not seem as stimulated about going to work. When caused by a group of aggressors whose main goal is to make life unbearable for their victim, racial harassment may even lead to physical violence, hate and confrontation.

FOR THE ORGANIZATION

An organization faced with racial harassment may have to evaluate and review the corporate values that define its very identity. The company may have to examine its policies and procedures, especially for recruitment, contracts and promotions. It may suffer losses in human resources (dismissals, resignations, medical leaves), productivity and revenue. Corporations or organizations that are partially responsible for such situations may also be subject to lawsuits, and their image and credibility may become tarnished.

Objective of the Study

To study sexual and racial harassment in legal point of view and to understand the steps taken by the corporate to prevent such activities to give fair treatment to all employees

Research Methodology
The Data has been collected mainly from websites on Internet.

Limitations of the Study

Sexual and Racial harassment is very vast topic. To present it from all the aspect such as legal,etical and social is very difficult within this short paper

Scope of the study

The study mainly focuses on
What is Sexual and Racial Harassment at workplace? Activities which are come under sexual and racial harassment. Legal aspect of sexual and racial harassment Different Acts which are made for the protection of employees from sexual and racial harassment Policies which are adopted by corporate for preventing sexual and racial harassment

Case Study
This is a story of blackmail, sex, stalking, threats, oppression, hurt feelings and revenge. Interestingly, all this happened in and around the US offices of Infosys, one of India's most wellknown and respected software companies, between October 1999 and December 2000. As a result, Infosys became entangled in a scandal, that dented its reputation as a company that had the best corporate governance structure in the country. The events that took place during October 1999 and December 2000 became public knowledge in India only when Phaneesh Murthy (Phaneesh), the head of the sales and marketing, and communication and product services division of Infosys (and a director on the board), resigned from his post in June 2002. Phaneesh said that he had resigned in order to focus on fighting a lawsuit filed against him in the US. The lawsuit, filed by his former secretary, Reka Maximovitch (Reka) alleged that Phaneesh had sexually harassed her and unlawfully terminated her employment. The company's share price declined by 6.6% soon after Phaneesh left. The case attracted a lot of media coverage since a sexual harassment lawsuit implicating such a senior official had never been heard of in the Indian corporate world. It was also being seen as an event that could make Indian companies stop ignoring the sensitive issue of sexual harassment at the workplace.

Steps taken by Infosys after this incident

Infosys conducted a course for all its officers and members (in India as well as abroad) on sexual harassment and the importance of being sensitized about the issue. The code of conduct provided in the employee manual was modified in line with the above decision..

Lessons to be Learned
Though out-of-court settlements were the norm for most workplace sexual harassment suits the world over, it clearly was not the best solution. Instead of addressing the problem, this solution simply paid off the victim, so that the accused could walk away. The larger issue of the emotional, physical and financial damage caused to the victim, could be dealt with only if strict policies and guidelines regarding sexual harassment were established by the companies.

Topic Information 16 Important things you need to do if you suffer from sexual harassment
Is it really sexual harassment? First clearly identify if yours is a clear case of sexual harassment. Not every harassment to working women may be termed as sexual harassment.A woman should ask herself some of the basic questions to identify the harassment such as: 1.Is this behavior appropriate? 2.Do I consent to this behavior? 3.Is the behavior or comment violating my dignity as an individual or woman? 4.Is the behavior creating an unsafe environment for me? Dont quit your job Dont quit your job if it is due to sexual harassment and itll have negative affect on your self esteem. Simply quitting will further embolden the culprit employee & his company for doing those acts again. Let us not do the simplest thing in the world youd like to do quitting for no mistake yours Make notes Do make notes in your personal notebook which is kept in a secured place. Please see that in this capitalist world every company will try its best to use nefarious activists to refute your charges and get away from you. More so in a corrupt country in India, where going to court is simply dead end. Dont make notes in your email, office stationery etc. Also if you use internet to send confidential mails, they could be intercepted by your company. Detail everything in your diary at home, every day incidences with dates. Dont disclose it to your office personnel Unless youve made a formal complaint to your employer either through email or a letter dont discuss with your friends and especially the HR department. Moreover a letter can be burned away by the company, it is advisable to send the complaint via an email with CC to some of your friends, relatives not

in your company. If giving complaint in written, make sure that you approach government women cell, an advocate or any way which can prove that youve informed your employer of complaint. Remember all those are only loyal to your company who is paying them a salary. Dont believe them if they ask you to take your complaint back or sign on any papers. Be apprehensive of any promises made by them. Dont simply disclose all details to them. any information which could be used by your employer against you.

Your employer cant fire you After youve made sexual harassment complaint then your employer cant fire you or can take any punitive action against you like demoting you, transferring you, reducing salary etc. It is easy to take stay order from any court in India against this. At the same time resolution from a court case could take 20 years in India. In short you are pretty much immune, just approach court. Please contact us if you need any assistance. Keep working In all cases after youve raised complaint, show your sincerity by keeping on working. Try to concentrate on the works given to you. This will help you in case you need legal resolution. If you are in government, it is even more important not to give up the current work and keeping doing good work. Complain with government authorities Your employer or superior may threaten you with dire action and ask you to keep shut. Immediately give a complaint in Police or any government cell in writing about this threat. No FIR is required with police complaint, theyd give you back a stamped photostat copy of complaint, which you can show in your company or to the employer. Keep you family informed This must be the first thing you should do. Youll need their emotional help & cooperation. If youre married, disclose it you husband frankly. Seek counseling from relevant people. Take help from women activists in your city. Write plenty of letters See if this option works. If your employer want to use brute force to fire you, or do something you dont want to do, then write letters to newspapers, media, government offices, President office, Prime ministers office, women welfare minister etc and raise lot of noise. No company wants its image to be maligned in public & media. Take advice from someone who has already gone through sexual harassment

This by far will be the best thing to do and will give to very useful & relevant advice. So seek for a person who has gone through the same phase, a women activist etc. Not seeking advice can be very risky for you! Also search Google for sexual harassment cases in India and you can find plenty of narration from those who have suffered in many forums. One such new forum is the non-profit working women forum. Another useful place to talk is sexual harassment forum. Narrate you horror story at sexual harassment forum Visiting such forum will, one help you to interact other volunteers or participants in situations similar to you. Secondly if you describe you horror story itll further serve as a written proof of your harassment and may help you later. Also itll also give other women activists and volunteers to offer you free services. There are even lawyers who may be willing to counsel you free of cost due to personal reasons. Avoid using office internet facilities If you are searching internet for information about sexual harassment etc, beware the company can easily snoop on you. So dont use company internet and phone for talk about personal issues. Company can also use it against you. If still you want to access internet then use use secured Google search : https://encrypted.google.com : this will make impossible for anyone to snoop on you( except for catching what you type in keyboard). Any site address beginning with https may not be snooped by anyone. There is also good site: https://www.pagewash.com through which you can access any website and your company will not be able to snoop on you or detect the urls which you visit. So use this secured Google and secured pagewash combination to access internet safely in office, if you can. Always use Gmail in office Gmail is most secured email service today. There is no chance of snooping of email data while you use Gmail. Make notes within Gmail only( there is a notepad). You can even store documents. Don't forget to enter your mobile number and alternate email ids since in case your account is ever hacked Gmail will ask confirmation from the hacker which he/she will not be able to answer if you've already filled in your secured questions/information in your account. Use a good recording device Although voice recording is not admissible in courts but it'll give you good proof to win support from all corners including women cells etc. It'll provide instant vindication of you. If you've a small hidden camera/webcam recording of nefarious activities then nothing like it! It'll be the biggest proof you can get to help you out. Take anonymous legal advice In this world of internet, you can even pay for legal consultancy from your PC and save you from the hassle of finding a good lawyer and paying unreasonable fees from them. One Id used is Utilities India and there are plenty more. You can, for example pay little around Rs. 1000 to get sexual harassment legal advisory from a supreme court lawyer without visiting any lawyer physically.

Throw away emotions Once youve decided to file a complaint of sexual harassment, then keep your emotions away since those will interfere with your judgment and decision making. Be strong and feel privileged to be a woman!

What does the law say?

Race Relations Act 1976 and Race Relations (Amendment) Act 2000 It is unlawful to discriminate against a person on the grounds of race, colour, nationality, citizenship or ethnic origins. The complaint must show that the harassment created an intimidating, hostile, or offensive working environment, or interfered with the individual's work performance causing them a detriment. Racial violence is a criminal offence and proceedings in cases of racial abuse and harassment may be brought under both criminal and civil law. The Race Relations (Amendment) Act means that public bodies have a duty to promote race equality, to tackle racial discrimination, to encourage equal opportunity and good race relations. Protection from Harassment Act 1997 This Act was passed following concern that stalking was not well dealt with under existing legislation, however it does not refer solely to stalking and covers harassment in a wider sense. The Act says that it is unlawful to cause harassment, alarm or distress by a course of conduct and states that 'A person must not pursue a course of conduct (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other.' If someone is harassed at their place of work they could decide to take action for damages using the Protection from Harassment Act rather than by going to an Employment Tribunal. An individual will need to establish the fact that harassment occurred and the damage it caused . A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. The Police have powers to issue restraining orders under this legislation.

Preventing Racial Harrasement at Work

Employers have a legal and moral responsibility to protect employees from the humiliation of harassment. Many employers assume that if there are no problems of racial harassment, there is no problem in their organisation. But most incidents of harassment are never reported and employers should understand why their employees may be putting up with it: They may feel too intimidated to do anything about it They may be afraid of reprisals

 They may not want to make a fuss They may think they will not be believed or understood They may think that nothing will be done about their complaint They may not know how to go about making a complaint, or to whom, especially if the harassment is coming from their line manager or supervisor Racial harassment can occur wherever people of different ethnic, racial or national backgrounds work together: in offices, schools, shops, hotels, banks, hospitals, factories, building sites, police stations, the corridors of government and so on. In some areas, such as hospitals, where the organisation provides services to the public, there is the additional risk of harassment by customers and clients. Employers have a legal and moral responsibility to protect their employees from the humiliation and indignity of harassment.

Adopting a Policy For Racial Harrasement

In bad cases racial harassment means dismissal; in all cases it means an apology and conciliation. The first step in preventing racial harassment in the workplace is for employers to acknowledge that it might happen or could be happening in their organisation and to decide to take a stand on it. The policy adopted may cover several forms of harassment but the detailed procedures drawn up to implement it need to address the specific difficulties associated with each type of harassment. Harassment policies are most effective when they are part of an overall equal opportunity policy for the organisation, drawn up in close consultation with any workplace trade unions. The racial harassment policy and procedures should be set out clearly in notices, staff newsletters, manuals and annual reports and reinforced at every opportunity through training, discussion and regular monitoring. Employees should understand that one of the essential conditions of their employment is to treat everyone with dignity and respect and to expect such treatment themselves. They should also be aware that racial harassment is a disciplinary matter and that they could be dismissed for such behaviour. Properly communicated, the policy should become part of the ethos of the organisation, giving anyone who thinks they are being harassed, and those who may witness harassment of others, the confidence to raise the matter through the organisation's procedures and the courage to speak out against such behaviour.

Training
All staff should receive training in what employers mean by unacceptable behaviour at work. Training is essential to explain to employees why the organisation has adopted a policy against racial harassment and to make sure that everyone is clear about the procedures they must follow if they want to make a complaint. The policy should be discussed in any induction training for new staff and be included as a standard element in all other training programmes. Employers must ensure that all staff receive training in what is meant by unacceptable behaviour at work.

Committee Against Sexual Harassment

In order to maximise the potential of the Policy Against Sexual Harassment, one of the first steps towards this is to have a Committee Against Sexual Harassment. It is preferred that such a Committee be mandated by the Governing Board/Board of Directors of the organization as this is a crucial factor in primarily protecting the Committee and ensuring that it cannot be disbanded by any other authority, in the event of any controversy, change in leadership or structure. The Committee can also fall back on the support of the Board in the event that there are difficulties in its functioning, which arise from within the organisation, including the leadership or the management. This includes taking to the Board controversial issues, including litigations and other legal recourse that cannot be resolved within the committee or the organisation. Other issues which can be taken to the Board, through the leadership of the institution, include ratification of the Terms of Reference for the Committee, selection of a Chairwoman, third-party member and other aspects, which usually need to be considered in the initial phase of setting up the Committee. The Committee should also secure from the leadership, commitment to earmark resources for the proper implementation of the Policy, including capacity building of the entire staff on gender awareness and sensitisation, informational and educational material. Of these resources, a separate budget should be allocated for capacity building of Committee members and others who will be playing key roles in the implementation of the Policy Against Sexual Harassment. Awareness raising and dissemination of the Policy to the entire staff, its implication as well as the consequences for its violation should be included in the agenda of the Committee. The following may be kept in mind, when constituting a Committee to address sexual harassment in the workplace: It is mandatory that the Chairperson is a woman. Half of the committee members should be women The Committee should depute a third party representative, either from an NGO and/ or someone who is familiar with issues of sexual harassment, as one of the members A detailed Terms of Reference of the Committee must be drawn up, stating: The objectives of the Committee The scope of its authority and what issues it can deal with in the workplace Process of registration and the redressal of complaints Time frame for investigation and fact-finding of a complaint that has been registered Forums where issues of common concern may be raised by both men and women employees.

Capacity Building on Prevention of Sexual Harassment

The establishment of the Committee is a first step towards recognising and addressing the issue of sexual harassment in the workplace. However, these efforts can be futile if they are not supported by other initiatives of environment building as well as developing capacities and sensitivities of the staff towards gender issues, including sexual harassment. All these together help in creating a conducive workplace that is free from sexual harassment and discriminations.

The issues that are raised in training programmes will address sexual harassment and its various dimensions and ramifications. They will also include other forms of discrimination against women, socialisation patterns, stereotyping of gender roles, the role of the media in gender issues, etc., which all go into creating a holistic perspective of how gender affects our lives. More important than the issues themselves is the way in which they are presented to the staff members. The learning and sharing programmes should be so designed that employees are able to discuss the issue, and understand and accept the definition of appropriate behaviour within the workplace. All of these training programmes and other forums should: Be conducted in a non-threatening atmosphere of mutual trust and respect for each other;Reassure staff that all complaints of sexual harassment will be addressed, irrespective of the stature of the persons concerned;Reinforce the fact that all cases will be dealt with following principles of natural justice and each party will get a chance to speak and put forth their point of view;Assure women that they will not suffer any negative consequences if they register a complaint of sexual harassment;Assure male staff that strict action will be taken against any individual who has registered a false complaint;Ensure that an atmosphere of comfort and ease is maintained amongst colleagues, even though they are more aware of following appropriate patterns of behaviour.Apart from being an integral part of the training programmes with the staff, Committee members should receive additional training for playing their specific roles. Their training should include a component of gender sensitisation, along with the procedures for registering complaints, and for inquiry, etc. The training should address, in addition to these, the procedures of investigation, skills necessary for inquiries, documenting the procedures. The Policy against Sexual Harassment, like all other policies, is not a static document. Within the changing context of gender relations, the policy needs to be reviewed and revised through a consultative and participatory process. Conducting periodic surveys is useful in identifying and preventing factors leading to incidence of sexual harassment. These anonymous surveys should be very simple and merely ask the employees (male and female) if they have experienced any form of sexual harassment during the past year. This gives data on what is happening within the organisation as well as reinforces the fact that the organisation is actively engaged in preventing and correcting sexual harassment.

Bibilography www.icmrindia.org www.apsc.gov.au www.google.com