Sexual Harassment at

Work Place Prevention

Manual
 Sexual Harassment at Work Place Manual
Contents

1. Introduction.......................................................................................................................................................03

2. Rationale............................................................................................................................................................03

3. Definition and Scope of Sexual Harassment ....................................................................................................03

4. Types of Sexual Harassment .............................................................................................................................04

5. Some of the problems that may occur if sexual harassment is allowed to happen in the workplace.............07

6. Responsibilities of employees ..........................................................................................................................08

7. Responsibilities of employer.............................................................................................................................10

8. If you are being harassed...................................................................................................................................11

9. What can be done to stop harassment.............................................................................................................11

10. What not to do to stop harassment................................................................................................................12

11. Committee against sexual harassment 12

12. Procedure for approaching sexual harassment committee13

13. Enquiry Process14

14. Conclusion15

2|Page
 Sexual Harassment at Work Place Manual

1. Introduction

The Crompton and Greaves Company Pvt. Ltd. considers sexual harassment in the workplace an
important and priority issue that has to address in order to ensure a quality work environment free of
sexual harassment, and to enhance productivity. The Crompton and Greaves Company Pvt. Ltd.
believes that every working person should be able to enjoy a working environment free from all
forms of harassment and discrimination, whether on the basis of ethnicity, national or social origin,
religion, political affiliation, gender, or any other form of personal identity. Therefore, behaviour and
attitudes respecting the dignity and human rights of a worker should be actively promoted.

2. Rationale

Sexual harassment is a significant issue for all workplaces including schools, because of its negative
impact on the work culture and workforce, which impedes progress and development. Sexual
harassment should have no place in any organization and working environment. It should be
prevented, and where it exists, eradicated. Therefore it is crucial that employers, workers, and the
public at large are educated on the behaviour that constitutes sexual harassment in the workplace in
order that they not only know what to do if they are sexually harassed but also that they will not be
responsible for sexually harassing others.

3. Definition and Scope of Sexual Harassment

This Policy extends to all employees of the Company and is deemed to be incorporated in the service
conditions of all employees and comes into effect immediately.

Sexual harassment would mean and include any of the following:

1. Unwelcome sexual advances, requests or demand for sexual favours, either explicitly or
implicitly, in return for employment, promotion, examination or evaluation of a person
towards any company activity;

2. Unwelcome sexual advances involving verbal, non-verbal, or physical conduct such as

sexually colored remarks, jokes, letters, phone calls, e-mail, gestures, showing of
pornography, lurid stares, physical contact or molestation, stalking, sounds, display of

3|Page
 Sexual Harassment at Work Place Manual
pictures, signs, verbal or non-verbal communication which offends the individuals
sensibilities and affect her/his performance;

3. Eve teasing, innuendos and taunts, physical confinement against one’s will and likely to
intrude upon one’s privacy;

4. Act or conduct by a person in authority which creates the environment at workplace hostile or
intimidating to a person belonging to the other sex;

5. Conduct of such an act at work place or outside in relation to an Employee of TPC, or vice
versa during the course of employment; and

6. Any unwelcome gesture by an employee having sexual overtones

4. Types of Sexual Harassment

When employment is conditioned on submission to sexual advances, or when unwelcomed sexual

conduct is so severe and pervasive that a reasonable employee would find it to be an offensive
working environment, then it constitutes sexual harassment.

Harassing Conduct:

i] A Continuum of Harm

Sexually harassing behavior involves a range of conduct, from minor offensive words or acts to
forced sexual activity and even rape. While there is no minimum level for harassing conduct under
the law, the general rule is that the more severe the conduct, the less number of times it has to occur.
For example, a single sexual advance may be enough to show sexual harassment if it is connected to
granting or denying employment benefits. However, unless the conduct is very serious, a single
incident of offensive sexual conduct or comment generally does not create a hostile environment.
This type of claim usually requires a showing of a pattern offensive conduct. A single, unusually
severe incident of harassment may be sufficient, however. For example, a single incident of touching
a coworker’s intimate body areas is considered severe sexual harassment. As you read the following
section explaining the conduct that has been identified in sexual harassment claims, keep in mind that
not all of this type of conduct will be considered severe enough to form the basis for a legal claim of
sexual harassment. Most often, there are several types of sexually harassing behaviors present in the
4|Page
 Sexual Harassment at Work Place Manual
same case. The less physically threatening forms of sexually harassing Behaviors are also the most
commonly reported. These include the following forms of harassment.

• Sexual Joking - Sexual harassment exists where the conduct is unwelcome. Therefore, while some
women think that if they join in the joking it will lessen the impact of the harassment, it may, in fact,
work against them. It provides evidence that they did not find it objectionable or offensive, and may
result in a determination that they were not victims of a hostile environment. In fact, going along with
the jokes is not effective in stopping harassment, and in a significant number of cases, just makes it
worse. As unfair as it may seem, the law permits review of provocative dress, bad language, and
other conduct of the target of harassment. There are several cases in which complaints of sexual
harassment were denied because the targets participated in sexual horseplay or used vulgar or foul
language themselves. Ultimately, the determination of whether a work environment is hostile is made
after reviewing all of the circumstances and the context in which the behavior occurred.

• Sexist Words - Sometimes sexual harassment takes the form of words that are directed at females in
general, including:

 calling a woman “doll,” “babe,” “sweetie,” or “honey”;

 using sexist phrases, like “dumb blondes”;
 claiming that “women cry more” or are “too emotional”;
 asking male workers to “think above their belt buckles”;
 announcing that “women can’t manage” or “workers will not work for a woman”;
 stating that “some jobs are just women’s work”; or,
 suggesting that women should be “barefoot and pregnant.”

•Sexist Behavior - A harasser’s physical conduct may also contribute to a sexually harassing
environment.
Examples of sexually harassing conduct without words include:

 looking up and down a person’s body;

 staring at someone;
 cornering a person or blocking a person’s path;
 following the person;
 giving personal gifts;

5|Page
 Sexual Harassment at Work Place Manual
 hanging around a person;
 intentionally standing too close to or brushing against a person;
 looking up a skirt or down a blouse;
 pulling a person onto one’s lap;
 displaying sexist or sexual calendars;
 writing sexist or sexual graffiti;
 massaging or touching a person’s clothing, hair, or body;
 hugging, kissing, patting, or stroking;
 touching or rubbing oneself sexually around another person;
 making facial expressions such as winking, throwing kisses, or licking lips;
 making sexual gestures with hands or through body movements; or,
 making catcalls, whistling suggestively, or engaging in lip smacking.

• Sexual Advances - Some harassment may include physical and verbal sexual advances towards one
or more victims. Examples of these include:

 turning discussions to sexual topics;

 telling sexually explicit or suggestive jokes or stories;
 asking about sexual fantasies, experiences, preferences, or history;
 making sexual comments or innuendos;
 telling lies or spreading rumors about a person’s sex life;
 asking personal questions about social or sexual life;
 making sexual comments about a person’s clothing, anatomy, or looks;
 repeatedly asking out a person who is not interested; or,
 making harassing phone calls or emails.

ii] Requests for Sex

This type of sexually harassing behavior typically occurs when a supervisor suggests or promises
benefits, like a promotion or wage increase, if the victim engages in sexual activity. These requests
include:
• Asking a person to spend the night;
• Asking a person to have an affair; or,
• Asking a person to have sex or to engage in sexual conduct.
6|Page
 Sexual Harassment at Work Place Manual
iii] Sexual Intimidation

This type of coercion occurs when there is a warning that the employee will lose his or her job or lose
a job benefit unless the he or she agrees to engage in a sexual activity. For example, telling a person
to go to a motel to negotiate a raise or ordering a person to provide sexual services to avoid a transfer.

iv] Sexual Criminal Conduct

Less common, but more violent, sexually harassing conduct may include:

• Threats of harm;
• Forced sexual touching; or,
• Attempted or completed sexual assault.

Any attempted or completed grabbing, touching, or forcing sexual activity without consent is a sexual
crime.

5. Some of the problems that may occur if sexual harassment is allowed to happen
in the workplace

• Increased stress experienced by the complainant;

• Absenteeism of the complainant from work;
• Low morale in the workplace;
• Decreased productivity in the workplace;
• A decrease in the quality of work produced;
• Loss of reputation/image;
• Unnecessary resignations;
• Career blocks as the complainant may be reluctant to lodge a complaint for fear of
retaliation by his or her employer or fellow co-workers;
• Breakdown in communication and trust in the workplace;
• An intimidating, hostile and offensive working environment;
• Workers’ rights are compromised and undermined;
• Increased tension in the workplace.

7|Page
 Sexual Harassment at Work Place Manual
6. Responsibilities of Employees

When you are deciding what to do, remember that every situation is different. There is no one best
thing to do. You should always report the sexual harassment to your employer. You then have the
option to use your company’s sexual harassment complaint process, file a charge with a state or
federal agency, and/or go to court.

It is important to talk with a lawyer or legal services organization like Equal Rights Advocates to
discuss your choices (see “Resources”).They can help you to understand your choices, their benefits
and risks as well as the strengths and weaknesses of your case.

Say “No” Clearly

Tell the person that his/her behavior offends you. Firmly refuse all invitations. If the harassment
doesn’t end promptly, write a letter asking the harasser to stop and keep a copy.

Write Down What Happened

As soon as you experience the sexual harassment, start writing it down. Write down dates, places,
times, and possible witnesses to what happened. If possible, ask your co-workers to write down what
they saw or heard, especially if the same thing is happening to them. Remember that others may (and
probably will) read this written record at some point. It is a good idea to keep the record at home or in
some other safe place. Do not keep the record at work.

Report the Harassment

Tell your supervisor, your human resources department or some other department or person within
your organization who has the power to stop the harassment. If possible, tell them in writing. Keep a
copy of any written complaint you make to your employer. It is very important that you report the
harassment because your employer must know or have reason to know about the harassment in order
to be legally responsible for a co-worker, client or customer’s actions. Even if your harasser was your
supervisor, you may need to show that you reported the harassment to your employer or give a good
reason why you didn’t.

8|Page
 Sexual Harassment at Work Place Manual
Start a Paper Trail

When you report the sexual harassment to your employer, do it in writing. Describe the problem and
how you want it fixed. This creates a written record of when you complained and what happened in
response to it. Keep copies of everything you send and receive from your employer.

Review your Personnel File

It is your right to see your personnel file. If you work for a private employer, in certain states
including California, you have the right to request and receive copies of everything in your file that
you have signed.

Use the Grievance Procedure at Work

Many employers and schools have policies for dealing with sexual harassment complaints. You may
be able to resolve the problem through this process. To find out your employer’s policies, look in
your employee manual/personnel policies and/or speak to a human resources officer. It is important to
follow your employer’s procedures.

Involve your Union

If you belong to a union, you may want to file a formal sexual harassment complaint through the
union and try to get a shop steward or other union official to help you work through the grievance
process. Get a copy of your union’s grievance policy and see if it discusses the problems you are
experiencing. If you use your union’s grievance procedure, you must still file a complaint with a
government agency if you want to file a lawsuit in federal or state court.

9|Page
 Sexual Harassment at Work Place Manual
7. Responsibilities of Employers

 Develop a clearly written sexual harassment policy and Code of Conduct and implement and
monitor the policy for effectiveness

 Advise all staff about the policy and encourage them to read it

 Display the policy on the organization’s intranet or notice board

 Discuss the policy at staff meetings and induction courses – ensure all staff are clear about
their responsibilities

 Provide staff training on discrimination and harassment

 Establish a process for hearing complaints confidentially

 Appoint an appropriate “Contact Officer”

 Respond quickly, seriously and effectively to any complaints It is the responsibility of

management to adequately regulate what is happening in the workplace. Failure to take action
can lead to standards of behaviour being accepted that do not reflect the policies and
procedures.

 Inform all staff that:

• Discrimination, harassment and/or sexual harassment will not be tolerated

under any circumstances disciplinary action will be taken against an employee
who harasses another employee or customer

• Provide all staff with information on sexual harassment

• Keep records of policies, procedures, training and complaints.

 What to do if some-one makes a complaint -

If you are approached by a person concerned with or experiencing sexual harassment:

• Be aware the person may be experiencing strong emotions

• Listen and take the complaint seriously without making any judgments
• Discuss confidentially, options and outcomes
• Reassure the person that sexual harassment is unacceptable
• Ask them how they want the situation to be handled.

If you are having discussions with a person accused of sexually harassing behaviour make
them aware of the allegations against them and:
10 | P a g e
 Sexual Harassment at Work Place Manual

• Listen to their point of view

• Provide information about what behaviour is acceptable and non acceptable
• Discuss what is needed to resolve the complaint
• Inform them about possible penalties if the behaviour doesn’t stop
• Remind them about confidentiality and victimization.

Sexual harassment is unacceptable in any workplace. It creates an unsafe workplace and can result in
significant cost to the employer. In order to avoid being vicariously liable employers and managers
may be required to demonstrate that all adequate and reasonable steps have been taken to prevent
unlawful discrimination and harassment from occurring. It is important that all staff understand the
workplace’s discrimination and harassment policies and practices.

8. If you are being harassed

(a) Tell the accused that his / her behaviour is unwelcome and ask him/her to stop.

(b) Keep a record of incidents (dates, times, locations, possible witness, what happened, your
response). It is not mandatory to have a record of events to file a complaint, but a record can
strengthen your case and help you remember the details over time, in case the complaint is
not filed immediately.
(c) File a complaint as soon as possible. If, after asking the accused to stop his / her behaviour,
the harassment continues, report the abuse to the Complaints Committee formed for this
purpose.

9. What can be done to stop sexual harassment

If you feel you have been sexually harassed, do not remain silent. Ignoring sexual harassment does
not make it go away. Indeed, it may make it worse, as the harasser may misinterpret a lack of
response as approval of the behavior. There are several things that can be done to stop sexual
harassment:

Know your rights: Sexual harassment is illegal. Stanford University has a specific policy prohibiting
sexual harassment. Familiarize yourself with this policy.

Speak up: If you can, tells the person to stop. State clearly and firmly that you want a particular
behavior to cease. This is not a time to be polite or vague.
11 | P a g e
 Sexual Harassment at Work Place Manual
Keep records or a journal: Save any letters, e-mail, or notes received, as they can be helpful if the
harassment persists. Record dates, places, times, witnesses and the nature of the harassment—what
was said when, and how you responded.

10. What not to do to stop sexual harassment

Do not blame yourself: Sexual harassment is not something one brings on oneself.

Do not delay: Delay in action in cases of sexual harassment only increases the probability that the
harassing behavior will continue.

Do not hesitate to seek help : Being quiet about sexual harassment enables it to continue. Chances are
very good that you are not the only one who has been harassed. Speaking up may prevent others from
being harmed.

11. Committee against Sexual Harassment

A Committee has been constituted by the Management to consider and redress complaints of Sexual
Harassment. The Chairman and Members of the Committee are as follows:
Committee

Chair Person - A
Member 1 - B
Member 2 - C

A quorum of 3 members is required to be present for the proceedings to take place. The quorum shall
include the Chairperson, at least two members, one of whom shall be a lady.

Objectives

 Prevent discrimination and sexual harassment against women, by promoting gender amity
among employees;
 Deal with cases of discrimination and sexual harassment against women, in a time bound
manner, aiming at ensuring support services to the victimized and termination of the
harassment;
 Recommend appropriate punitive action against the guilty party to the authority.

12 | P a g e
 Sexual Harassment at Work Place Manual

12. Procedure for Approaching the Committee

The Committee deals with issues relating to sexual harassment at the Crompton and Greaves
Company Pvt. Ltd. It is applicable to all staff. A complaint of discrimination or sexual harassment
may be lodged by the victim or a third party. A written complaint may be addressed to the Convener
of the Committee. If the complaint is made to the Manager, Deputy Manager or any of the Committee
members, they may forward it to the Convener of the Committee Against Sexual Harassment.

Here it should be noted that according to the Supreme Court guideline Sexual harassment can be
defined as "unwelcome" sexually determined behaviour (whether directly or by implication) as:

 Physical contact and advances;

 Demand or request for sexual favours;
 Sexually colored remarks;
 Showing pornography; and
 Other unwelcome physical, verbal or non-verbal conduct of a sexual nature. (Vishaka
judgment by Supreme Court)

1. Any employee who feels and is being sexually harassed directly or indirectly may submit a
complaint of the alleged incident to any member of the Committee in writing with his/her
signature within 10 days of occurrence of incident.

2. The Committee will maintain a register to endorse the complaint received by it and keep the
contents confidential, if it is so desired, except to use the same for discreet investigation.

3. The Committee will hold a meeting with the Complainant within five days of the receipt of the
complaint, but no later than a week in any case.

4. At the first meeting, the Committee members shall hear the Complainant and record her/his
allegations. The Complainant can also submit any corroborative material with a documentary
proof, oral or written material, etc., to substantiate his / her complaint. If the Complainant does
not wish to depose personally due to embarrassment of narration of event, a lady officer for lady
employees involved and a male officer for male employees, involved shall meet and record the
statement.

13 | P a g e
 Sexual Harassment at Work Place Manual

5. Thereafter, the person against whom complaint is made may be called for a deposition before the
Committee and an opportunity will be given to him / her to give an explanation, where after, an
“Enquiry” shall be conducted and concluded.

6. In the event, the complaint does not fall under the purview of Sexual Harassment or the complaint
does not mean an offence of Sexual Harassment, the same would be dropped after recording the
reasons thereof.

7. In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for
appropriate disciplinary action by the Management.

13. Enquiry Process

Step 1 - The Committee shall immediately proceed with the Enquiry and communicate the same to
the Complainant and person against whom complaint is made.

Step 2 - The Committee shall prepare and hand over the Statement of Allegation to the person
against whom complaint is made and give him / her an opportunity to submit a written explanation if
she / he so desires within 7 days of receipt of the same.

Step 3 - The Complainant shall be provided with a copy of the written explanation submitted by the
person against whom complaint is made.

Step 4 - If the Complainant or the person against whom complaint is made desires any witness/es to
be called, they shall communicate in writing to the Committee the names of witness/es whom they
propose to call.

Step 5 - If the Complainant desires to tender any documents by way of evidence before the
Committee, she / he shall supply original copies of such documents. Similarly, if the person against
whom complaint is made desires to tender any documents in evidence before the Committee he / she
shall supply original copies of such documents. Both shall affix his /her signature on the respective
documents to certify these to be original copies.

Step 6 - The Committee shall call upon all witnesses mentioned by both the parties.

14 | P a g e
 Sexual Harassment at Work Place Manual
Step 7 - The Committee shall provide every reasonable opportunity to the Complainant and to the
person against whom complaint is made, for putting forward and defending their respective case.

Step 8 - The Committee shall complete the “Enquiry” within reasonable period but not beyond three
months and communicate its findings and its recommendations for action to the management. The
report of the committee shall be treated as an enquiry report on the basis of which an earring
employee can be awarded appropriate punishment straightaway.

Step 9 - The management will direct appropriate action in accordance with the recommendation
proposed by the Committee.

14. Conclusion

The adoption of the policy on Sexual Harassment in the Workplace by all relevant stakeholders will
ensure that they consciously and deliberately build a positive, respectful and productive working
environment. This Policy on Sexual Harassment in the Workplace is practical and pragmatic in its
approach to the issue.

15 | P a g e