CERTIFICATE

This is to certify that, the ‘Social Relevance’ Final Project titled “A study on Sexual
Harassment at the Workplace” is successfully done by Ms. Nidhi Thakur, Roll No –
2020M086 Batch 2020-2022,a student of Bharati Vidyapeeth’s Institute of
Management Studies and Research, Navi Mumbai , submitted in partial fulfillment of
MMS - Master of Management Studies programme affiliated to the University of
Mumbai during the Semester IV academic year 2021-2022.

Date:

_____________________ _________________

Dr. R.D. Patil Dr. Anjali Kalse

Project Guide Director

BVIMSR BVIMSR

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 EXECUTIVE SUMMARY

Sexual Harassment is behaviour. It is defined as an unwelcome behaviour of sexual nature.

Sexual harassment at workplace is a widespread problem in the world whether it be a
developed nation or a developing nation or an underdeveloped nation, atrocities against
women is common everywhere. It is a universal problem giving negative impact on both men
and women. It is happening more with women gender in particular.

How much ever one try to protect, prohibit, prevent and give remedies such violation will
always take place. It is a crime against women, who are considered to be the most vulnerable
section of the society. That is why they have to suffer all these immunes starting from female
feticide, human trafficking, stalking, sexual abuse, sexual harassment, to the most heinous
crime Rape. It is unlawful to harass a person (an applicant or an employee) because of that
person's sex.

Harassment can include "sexual harassment" or unwelcome sexual advances, request for
sexual favours, and other verbal or physical harassment of a sexual nature, Sexual
Harassment is unwelcome sexual behaviour, which could be expected to meet a person feel
offended, humiliated or intimated. It can be physical, verbal and written.

Unwelcome Behaviour is the critical word, Unwelcome does not mean "involuntary. “A
victim may consent or agree to contain certain conduct and actively participate in it even
though it is offensive and objectionable. Therefore, sexual conduct is unwelcome whenever
the person subjected to it considers it unwelcome. Whether the person in fact welcomed a
request for a date, sex-oriented comment, or joke depends on all the circumstances.

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 Table of Contents

Sr. No. Particulars Page No.

01 Acknowledgement
02 Certificate 01
03 Executive Summary 02
04 Introduction of the Project 04
1.1 Introduction to the Project
1.2 Objectives of the study
1.3 Scope and Limitations of the study
05 Introduction 07
06 Understanding Sexual Harassment 08
07 Causes 10
08 Types of Harasser 14
09 Typical Victims 16
10 Consequences of Harassment 16
11 Literature Review 19
12 Research Methodology : Survey 23
13 Data Analysis 27
14 Data Interpretation 39
15 Measures to be taken 43
16 Bibliography 47

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INTRODUCTION OF THE PROJECT

1.1: Introduction to the project

This project discovers and describes various ways of Sexual Harassment and Gender
Discrimination. Against women that is prevalent today in work places. It also highlights the
reasons behind these ongoing practices, the type of people that carry them out, the kind of
workplaces where they are more rampant and the people that are victimized by these.
Another important aspect that it covers will be on how to deal with the problem and how it
can be minimized at workplaces.

This project was chosen after hearing stories of discrimination that happen on a regular basis
in IT companies and consultancy firms from women who work there. On reading more on the
issue it was found that more and more women are victims of this every day and that almost
80% of women have complained of having faced it in their workplace a regular basis.

The information has been gathered from research papers on the topic, essays and articles on
the topic, forums where women have discussed these issues, first-hand accounts of women
who have been victims via interviews and emails, and a survey conducted of different kinds
of women at different kinds of work places. This has then been analysed and conclusions
have been drawn based on their search and data collection.

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1.2: Objectives of the study

With more and more women joining the workforce, both in organized and unorganized
sectors, ensuring an enabling working environment for women through legislation is felt.
Imperative by the Government. The proposed legislation contains provisions to protect every
woman from any act of sexual harassment irrespective of whether such woman is employed
or not.

Sexual harassment at a workplace is considered violation of women's right to equality, life

and liberty. It creates an insecure and hostile work environment, which discourages women's
participation in work, thereby adversely affecting their social and economic empowerment
and the goal of inclusive growth

To comply with the directives of Humble Supreme Court of India requiring all employers to
develop and implement a policy for prevention of sexual harassment at the workplace
To evolve a permanent mechanism for the prevention and redressed of sexual harassment
cases and other acts of gender based violence at the workplace.

To follow and implement the Act enjoining all employers to constitute an "Internal
Complaints Committee" and lay down guidelines redressal of complaint related to sexual
harassment of Women at the workplace.

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1.3: Scope of the study

- To understand workplace harassment

- To understand different kind of harassment To understand the guidelines to follow to

prevent or to tackle with workplace harassment

- To study about acts or procedure taken by government to deal with workplace harassment

1.4: Limitations of the study

 • Time constrain

 • Availability of proper resources for the study

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INTRODUCTION

Of all the forms that violence against women can assume, sexual harassment is the most
ubiquitous and insidious; all the more so because it is deemed 'normal' behaviour and not an
assault on the female entity. It affects women in all settings whether public or private and has
psychological medical, social, political, legal and economic implications. Instances of sexual
harassment should not be viewed as isolated incidents; rather they should be construed as a
gendered aggression against the rights and dignity of women.

In India, it has been only six years since sexual harassment was for the first time recognised
by The Supreme Court as human rights violation and gender based systemic discrimination
that affects women's Right to Life and Livelihood. The Court defined sexual harassment very
clearly as well as provided guidelines for employers to redress and prevent sexual harassment
at workplace.

While the Apex Court has given mandatory guidelines, known as Vishaka Guidelines, for
resolution and prevention of sexual harassment enjoining employers by holding them
responsible for providing safe work environment for women, the issue still remains under
carpets for most women and employers.

Vishaka guidelines apply to both organized and unorganized work sectors and to all women
whether working part time, on contract or involuntary/honorary capacity. The guidelines are a
broad framework which put a lot of emphasis on prevention and within which all appropriate
preventive measures can be adapted. One very important preventive measure is to adopt a
sexual harassment policy, which expressly prohibits sexual harassment at work place and
provides effective grievance procedure which has provisions clearly laid down for prevention
and for training the personnel at all levels of employment.

As India's economy continues to grow, helping millions of people live better and healthier
lives, one could be forgiven for thinking that the old problems that affected our parents and
grandparents generations are being left behind. You would expect to find this to be especially
true in the modern and dynamic workplaces of call centers and IT parks that are employing
millions and helping drive lndian economic growth. Unfortunately, while we have new

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industries and economic progress, old problems have yet to be left behind.

Sexual harassment has been found to be rife within India's modern workplaces. A study
released last year, of 600 female employees working in IT and BPO industries and the first of
its kind, found that 88% of women were subject to sexual harassment in their workplace, with
supervisors often in over 70% of cases being to blame. In international survey of over 12,000
people in 24 countries, India was found to have the highest rate of reports of workers being
sexually harassed by colleagues or supervisors. 25% also reported being assaulted at their
place of work.

UNDERSTANDING SEXUAL HARASSMENT

DEFINITION :

Sexual harassment in the workplace is an unwelcome or unwanted attention of a sexual

nature from someone at a work place that causes discomfort, humiliation, offence or distress,
and / or interferes with the job. This includes all such actions and practices of a sexual nature
by a person or a group of people directed at one or more workers. According to The Supreme
Court definition, sexual harassment is any unwelcome sexually determined behaviour, such
as

 • Physical contact

 • A demand or request for sexual favours

 • Sexually colored remarks

 • Showing pornography

 • Any other physical, verbal or non-verbal conduct of a sexual nature.

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Sexual Harassment takes place if a person:

 • Subjects another person to an unwelcome act of physical intimacy, like grabbing, brushing,
touching, pinching etc.

 • Makes an unwelcome demand or request (whether directly or by implication) for sexual

favours from another person, and further makes it a condition for employment/payment of
wages/increment/promotion etc.

 • Makes an unwelcome remark with sexual connotations, like sexually explicit

compliments/cracking inappropriate jokes with sexual connotations/makings exist remarks
etc.

 • Shows a person any sexually explicit visual material, in the form of pictures/cartoons/pin
ups/calendars/screen savers on computers/any offensive written material/pornographic e
mails, etc.

 • Engages in any other unwelcome conduct of a sexual nature, which could be verbal, or
even non-verbal, like staring to make person uncomfortable, making offensive gestures,
kissing sounds, etc.

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CAUSES

The main reason of sexual offence in corporations is the severe imbalance of power in
between supervisors and subordinates. The positions and the power give the supervisor the
capacity to reward and coerce subordinates, also valuate their performance, make
recommendations for salary adjustments and promotions and even decide whether or not an
employee retains his/her job. On the other hand, subordinates want favourable performance
reviews, salary increases and the like.

On the contrary, supervisors control resources that most subordinates consider important and
scarce. In some cases, top managers occupying high status roles believe that sexually
harassed female subordinates are merely an extension of their right to make demands on
lower status individual "The difficulty with allegations of sexual harassment is proof. These
allegations often become one person's word against another. As a result, it is believed that
most offences go unreported to company officials or government agencies.

So, sexual harassment is the victim's word against her boss. The harassed suffers from
difficulty and suppresses it in the cost of civil right. Most of the women do not want to
litigate them. The reason of suppressing harassment is the fear of economic insecurity and
social isolation. Because of the supervisor's control over resources, the harassed are afraid of
speaking for fear of retaliation by supervisors.

The co-workers having no position and power can also influence the sexually harassed peers.
The co-workers also exercise some sort of power in order to sexually abuse female co-worker
in the organization. This power is developed by providing or withholding information,
cooperation and support. Work in organization is a team and hence performance of jobs
requires interaction and support from co-workers.

Women in positions of power can be subjected to sexual harassment from males who occupy
less powerful positions within the organization. This is usually achieved by the subordinates
by devaluing the women through highlighting traditional gender stereotype that reflect
negatively on the women in power.

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In light of the reality highlighted above, some of the main causes for sexual harassment have
been covered in the points that follow Many of the causes are interrelated, linked to the
culture. And values in society and in companies, and to the roles, relative power and status of
the men and women concerned.

Socialization -

The way in which men and women were brought up to see themselves and others strongly
influences behaviour. Various viewpoints could create a climate that allows sexual
harassment:
In a culture where it is, or was until recently, "OK" to discriminate against people because
they are different (in terms of gender, race, culture, religion, lifestyle, political conviction or
whatever), the abuse of power or humiliation that is typical of sexual harassment will not be
unusual. Harassment is often closely linked to prejudice in general, and to sexist attitudes.

Men who were brought up with macho beliefs like which supported harassing women easily
carry these social values into the workplace, and treat their female colleagues accordingly.
Such men often even think that women take their harassment as a compliment.
Many women have been brought up to believe women's highest calling is to please men, that
popularity with men equals success. This can give the impression - usually unintended - and
in turn they invite sexual advances at work. Some women who see sexuality as their only
power base, play along. Although research has proven them to be a small minority, their
behaviour can also encourage harassment of other women. If women see themselves as
dependent on, or of lesser value than men, or are unassertive, they find it difficult to handle
harassers or to complain. Often women who are breadwinners are vulnerable and fear
victimisation or even job loss, if they reject advances or complain.

Power games -

Recent social and political changes have changed power relations. Some men feel threatened
by the career advancement of women and people of colour, or are uncomfortable with
women's new found independence and assertiveness at home and / or at work. Others who

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have recently gained positions of power may also harass women subordinates to prove
themselves. In times of uncertainty, fear, limited promotion opportunities, retrenchments,
personal stress and performance pressure, there is a real danger that sexual harassment and
trading of sexual favours will form part of the power games played.

Moral values, divorce and cultural differences -

It is relatively easy for people to indulge in very personal workplace interactions, whether
one-sided or mutual. The person who tries, and doesn't accept rejection or sees the unwilling
colleague as a challenge, easily becomes a harasser, or may victimise the reluctant colleague.
The prevalence of marital stress and divorce in our society means that some men and women
come to work in a state of emotional distress that could make them vulnerable to sexual
harassment. Some confusion results from cultural differences about what is, or isn't,
acceptable in our rapidly changing society. E.g. in the literature reviewed later in the report,
we will observe a case of an American woman who worked in the German division of a
company (Lehman, 2006).

Credibility and victim-blaming -

The credibility of the victim is often called into question, as it is usually her word against that
of the harasser's Several factors aggravate this problem: The large majority of men who treat
women with respect and would never consider taking such liberties, usually find it difficult to
believe that respected colleagues would abuse their position in this way.

Management may take the word of a senior person rather than that of a subordinate as they
are likely. To have known the senior longer and that he would be their key employee and a
manager usually more credibility in a dispute than a subordinate. The harasser may be a high-
level or highly-skilled person who is difficult to replace, while the victim is likely to be on a
lower level, and thus more expendable.

The common tendency of victim-blaming often causes the harassed to end up virtually as the
accused. As in the case of sexual assault and rape, the dress, lifestyle and private life of the
victim seem to become more important than the behaviour being investigated. Naturally it is
advisable that women dress and behaves appropriately at work. Yet any woman-whatever her

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appearance and lifestyle - has the right to decide whether, when, where, and from whom she
wishes to accept any sexual approach or comment. And if she declines, she should not be
victimized in anyway.

The victim may be very embarrassed by the events, or afraid of ridicule or revenge, and is
likely to wait until matters become unbearable before she complains. She may then be
blamed of having played along or condoned the behaviour initially. Many women are also
inclined to excessive guilt and self-blaming, and may even believe that they unwittingly did
or said something to invite the unwanted behaviour. And if they are ashamed or afraid and
don't discuss the problem, they often don't realise that it is a fairly common occurrence, and
not their fault.

Lack of company policy -

Many companies don't have clear policies and complaint and disciplinary procedures to deal
with harassment or if they have then, they do not implement them. In one of the reviewed
researches, more than 80% of the women respondents said they had been harassed at work,
while few of their companies had relevant policies. Women often resign rather than
complain, since they do not know where to go, or if they do complain, it is either treated as a
joke, or no action is taken by management.

If management condones such behaviour or if victim send up being blamed, the harasser is
encouraged to continue the pattern of harassment, affecting more and more women.

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TYPES OF HARASSERS:

While behaviour and motives vary between individuals, we can probably divide harassers
into six broad groups

Mr. Macho -

This is usually linked to the bravado, when groups of men embarrass women with comments,
unwanted compliments or even physical evaluation, lewd jokes or gestures, and display of
sexually distasteful posters. All these can create a hostile environment, and even if it goes no
further than verbal and visual harassment most women experience this as humiliating and
disturbing.

The Great Gallant -

This mostly verbal harassment occurs when the "gallant" pays excessive compliments and
makes personal comments that are out of place or embarrass the recipient. While most men
and women appreciate recognition and genuine compliments, comments focused on the
appearance and the sex of a worker - rather than her competence or her contribution-are
usually unwelcome. While the giver of compliments may see himself in a different light, the
recipient usually experiences him as patronising.

The Opportunist -

This kind of harasser is usually fairly promiscuous in his attentions to female staff, suppliers
or clients. Whenever the opportunity presents itself in the elevator, when working late, on a
business trip, at the office party, when alone in an office or a car with a female colleague- the
harasser likes to take advantage of the situation if confronted, he will insist that the women
like and enjoy his attentions.

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The Power-player -

Here harassment is a power game, where the man insists on sexual favours in exchange for
benefits he can dispense because of his position getting or keeping a job promotion orders
hank overdrafts, a drivers licence, and so on. This can be described as "quid pro quo"
harassment, and is closely allied to blackmail besides the effect on the victims, this form of
harassment is an abuse of power and trust it can lead to bad business decisions, and can cost
the company dearly in terms of effectiveness, the cost of special favours and company image.

The Serial Harasser -

The most difficult type of harasser to identify, and the most difficult to deal with, is the one
labelled as the serial harasser. This person is compulsive and often has serious psychological
problems He carefully builds up an image so that people will find it hard to believe ill of him,
plans his approaches carefully, and strikes in private where it is his word against that of a
subordinate He can do a lot of damage before he is found out. Although serial harassers are in
the minority managers and personnel professionals should be aware of this possibility. This
person's aberrant behaviour is often a call for help, rather than deliberate harassment as is
usually the case in the above four types In this case counselling is probably more important
than mere disciplinary action.

The Situational Harasser -

The trigger to this person's behaviour is usually psychological, but more situational than
compulsive Incidents are often linked to specific life situations or emotional or medical
problems, such as divorce, wife's illness, impotence, hormonal imbalance, prostate disease, or
psychiatric or systemic disturbances that suppress the higher brain functions. If the situation
changes or the disease is brought under control, the harassment usually stops but by then both
victim and harasser have been harmed.

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TYPICAL VICTIMS:

Women of all ages are harassed physically attractive or plain, sexily or soberly dressed.

Women of high rank or status in the organisation are also harassed out of jealousy and
intimidation and sometimes out of the desire to attain the attention of a powerful woman.

Women who are particularly vulnerable include:

Women who are the primary income providers of the household

Divorced women or widows are often psychologically vulnerable because of personal loss
Women who are timid or in secure about their abilities, and lack self-confidence and career
related education, who have limited potential for advancement and are easy to replace.

Women who are eager to be accepted and liked, and may find it difficult to be assertive.
Their friendliness and helpfulness is often misread as an invitation

CONSEQUENCES:

Case histories, experience and research internationally have proven that sexual harassment
can involve heavy costs, both to companies and to individuals concerned.

Costs to companies -
Harassment costs company’s money by reducing productivity, morale and motivation. If a
worker is constantly concerned that the harasser may strike again, she is unlikely to be able to
work effectively. At the same time, colleagues who are not involved may be de-motivated if
they are aware of unacceptable goings-on, or fear possible favouritism.

Companies may lose valuable staff. Many women resign rather than go through the
unpleasantness of a confrontation. The costs of bad decisions due to harassment are difficult
to quantify. These include costs of appointing people because of their looks or compliance
with "quidproquo demands, (rather than skills and competence), costs of perks or unearned
increases for favourites.

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High absenteeism among women could also be a result (or even a symptom) of harassment,
as the stress caused by such an unresolved problem, or the fear of being harassed again can
either cause illness. The knowledge that harassment is permitted can undermine ethical
standards and discipline in the organisation in general, as staff lose respect for, and trust in,
their seniors who indulge in, or turn a blind eye to, such behaviour. If word gets around that a
company allows sexual harassment to ground checked, the company's image among its
customers and the general public may also suffer.

Legal costs -

Companies can incur legal costs if the problem is ignored Action maybe brought against an
employer who knows or ought to know about harassment and fails to take appropriate
preventive action. Where there are inadequate channels of complaint, an employer may be
held liable even if there was no knowledge of the harassment.

Whereas sexual harassment was in the past usually dealt under human rights act, with the
new guidelines and impending bill on the same, harassment of an employee or prospective
employee by an employer or by another employee of the same employer is now expressly
prohibited. Because of being declared unlawful, such behaviour may lead to both criminal
action and civil claims.

If a company has no clear policy on sexual harassment, it may also have problems if it needs
to take disciplinary steps against a harasser. Lack of clear definition of unacceptable
behaviour would make it easier for a harasser to take the company to court to appeal against
disciplinary steps or dismissal. This is followed by losses in terms of financial settlements
with the victim prior or post trial. This also leads to bad publicity of the company with the
media.

Personal costs -

The victims usually suffer the highest personal costs, although the harassers and even
observers can also be harmed if harassment is allowed to go uncontrolled.

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Few people who have not experienced it personally understand the distress and even terror
sexual harassment can cause. Most women experience it as an insult, that undermines their
self-confidence and thus also their personal effectiveness. It may also undermine their trust in
men and in people in authority. In the case of women who were sexually abused adults,
another negative experience can cause serious psychological damage as children or as women
who resign because of sexual harassment problems, often have difficulty getting references
from their previous employers, or giving reasons for having left their previous jobs; and may
thus have difficulty in finding another position. Women, who resist harassment or complain,
may be victimised, E.g., overlooked for promotion. Thus this can hold back their career
development and personal growth.

The harassers themselves could fall into bad habits if their behaviour is allowed to continue.
This can negatively influence their effectiveness at work, their interpersonal relationships,
and their personal development. Particularly in the case of the last two of the types of
harassers mentioned above, the serial and the situational harassers, ignoring their behaviour
could cause a deep-seated problem to go untreated. Men or women who observe harassment
going unchecked may lose trust in their superiors, may feel threatened by the situation if they
believe that others are favoured because they play along, or may either look for job
opportunities elsewhere or will be tempted to indulge in the same type of behaviour.

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STUDY OF LITERATURE

This report has identified and reviewed the available literature on sexual harassment to
provide an overview of the current state of knowledge. This was done in order to understand
the existing research and studies done on the topic, the conclusions that were drawn from
them and the further scope of study generated from them. The following are the summaries of
each individual paper that was read for the purpose of the report. Apart from the following,
more literature was also reviewed in the process of the research and has been quoted in
various parts of the report.

SUMMARIES OF SOME OF THERE VIEWED PAPERS AND CASE STUDIES

Sabitha M., "Sexual harassment awareness training at workplace: Can it effect

administrator’s perception? "JOAAG, Vol.3.No.22008 and after training. This paper focuses
on the importance of training both men and women about variables related to Sexual
harassment. It focuses on the change of perception of what sexual harassment means to
people from before training methods for the same. The highlight of the paper is the findings
on the effects of training in both men and women. The study was done in a public sector
organisation in Malaysia. They indicated that untrained women have a more serious
perception of the issue as compared to men. After training, both men and women had an
increased perception. The paper also brought to light that a lot of times a harasser is not
aware of the fact that he is harassing and it is important this awareness so as to prevent it
from occurring at the workplace.

Aileen McColgan "Stewart v Cleveland Guest(Engineering) Ltd. Sexual Harassment ,Sex

Discrimination and Unfair Dismissal",
This paper talks about various Sexual harassment and Sex Discrimination at workplace cases
handled in the court of law in London, England during the period of 1990-1995. The paper
briefly describes the cases, the trial and the verdicts. The highlight of the paper is the case of
a woman- Ms. Stewart in the organisation she worked for- Cleveland Guest Engineering Ltd.
The paper describes how her grievance was not handled well by the company, how she was
wrongly treated after her complaint and the unfair dismissal in the process. The study helps in

19
understanding the various dimensions of asexual harassment case- the employer, the
employee, the law and the faulty system. Paper suggests a process that should've been
followed for a rightful judgement and suggests that the entire legislative approach to
discrimination needs to be rethought.

Richard Trotter & Susan Rawson Zacur, "Corporate Sexual Harassment Policies: Effective
Strategic Human Resource Management", Journal Of Business & Economics
This paper provides a step by step approach to employers for having an effective sexual
harassment policy and training program and to prevent its occurrence at all levels of the
organisation. The article maintains throughout that an effective policy needs to be developed
by an organisation and employees need to be educated about their rights. It is also necessary
for them to understand the steps to follow in case they are being harassed. According to the
paper organisations should clearly enforce the conduct required at the workplace; maintain a
proper grievance system and thorough investigative processes in place.

JohnL chman, "Sexual Harassment In The Workplace: Europe", Journal of Business Case
Studies Third Quarter 2006, Volume2, Number3
This paper describes a case of an American woman working for the German division of her
firm and her experience of sexual harassment in the workplace goes unacknowledged and
unsolved because of the varying culture. Multi-cultural and multi-national organisations often
face dilemmas because different cultures have different ethical perceptions Activities which
are considered normal in one culture can be interpreted as immoral in another culture, leading
to both confrontation and mutual in comprehension. Thus, it is important for organisations to
carry out inter-cultural training to their employees on foreign assignments. The paper also
talks about how culture shock can be tackled at its initial stage and avoided further.

S. Cho & L.D. Davenport, "Gender Discrimination in Korean Newsrooms", Asian Journal of
Communication Vol.17, No.3,September 2007

The paper describes the Gender Discrimination being faced by women working for
Newspapers in Korea. Korea is a patriarchal society where women are not being given equal
opportunities as men despite being as capable. The paper includes a survey and a study which
conclusively proves that Korean women journalists are not given important stories to cover as
they are considered "less capable" for the job. As a result of this they are less likely to get

20
promoted or get better compensation and end up with low or no career growth. This has
resulted in many talented women not entering or leaving jobs as journalists. Apart from
preference to males, the study also illustrates the prevalence of sexual harassment in Korean
workplaces.

Nina Compton, "How Workplace Managers Can Protect Against Hostile Environment Claims
From Their Female And Male Employees A Legal Review Of Decisional Law", Journal of
Diversity Management, Volume 2, Number 1,2007

The paper describes the importance of Sexual harassment policy making for an organisation
and provides pointers on what makes a good policy. It looks at the policy not only from the
point of view of a harassed employee but from the point of view of the employer in order to
avoid false claims. It also suggests alternative methods of tackling genuine complaints by
punishing of the harasser and compensating the harassed within the organisation, thus
avoiding legal complications. It indicates that a strong policy that is approved by the court
along with a strong investigation process can save an organisation from the loss of finances
as well as reputation. It also suggests that further work be done to strengthen the current legal
system for Sexual harassment by lawmakers with the help of Social Science literature and
Behavioural studies.

Elizabeth A. Hoffmann, "Selective Sexual Harassment: Differential Treatment of Similar

Groups of Women Workers", Law and Human Behaviour, 2004, Volume 28 Number!

If male workers categorize different groups of women co-workers and, subsequently, treat
them differently, the experiences of women from one of these groups would not be indicative
of the experiences of women from another group. When this different treatment involves
hostile environment sexual harassment of one group, but not the other, then the law must
recognize the possibility of selective sexual harassment. Without this understanding of the
nuances of the workplace dynamics, a court could mistake the women of the non-harassed
group as representing reasonable women" and the women of the harassed group as simply
oversensitive. This paper draws one empirical data to demonstrate such a situation and
advocates for aversion of the reasonable victim, standard to facilitate a closer analysis of
hostile environment sexual harassment suits.

21
Angelina C. Toomey and Allen F. Wysock, "Sexual Harassment in the Information Age: The
Human Resource Manager's Guide to Non-traditional Sexual Harassment", IFAS, University
of Florida, December 2009

This paper acts a basic guideline for any human resources department to follow. It focuses on
establishing What Sexual Harassment is and how it is present in today's time in the workplace
environment. It also gives special focus on non-traditional and same sex sexual harassment. It
discusses that same-sex harassment is prevalent in heterosexual people also and highlights the
menace of cyber-stalking. It gives a step by step procedure to deal with a sexual harassment
case and more importantly its prevention which is: Inform, Prevent, Encourage. It also
concludes that managers should be trained and equipped with the required tools to
understand, deal with, mitigate and solve traditional and non-traditional case of sexual
harassment.

Justine E. Tinkler, "People Are Too Quick to Take Offense": The Effects of Legal
Information and Beliefs on Definitions of Sexual Harassment, Law&SocialInquiry,2008,
Volume33,1 ssue2

Using data from a nationwide study of sexual harassment in the United States' federal
workplace, this article investigates how legal understanding, opinions about the regulation of
sexual harassment, and social status affect whether people define uninvited sexual jokes or
remarks as harassment. The results indicate that how people define sexual harassment is
directly related to the extent to which they view sexual harassment rules as ambiguous and
threatening to workplace norms. Moreover, results show that while women generally define
sexual harassment more broadly than men, they actually resist defining sexual jokes or
remarks as harassment. Finally, knowledge of the workplace sexual harassment policy
moderates the effect of beliefs on definitions of sexual harassment. These findings suggest a
complexity in the way people reconcile their knowledge of the law with their personal views
about power and social interaction in the workplace.

In sum, the findings from the analyses provide evidence that future socio legal research
should take note of the variations in the content of the law, how people learn about the law,
and how the social groups the law protects interpret and use it.

22
RESEARCH METHODOLOGY: SURVEY

The first current scenario of Sexual Harassment at workplaces. The questionnaire was created
in order to understand the frequency of occurrence of harassment of women at workplace,
awareness levels on sexual harassment, and their experiences at the workplace as a victim of
harassment. The survey had 91 respondents from different sectors and fields and were
contacted personally and made to fill the survey online. The respondents filled the survey
from their personal email addresses and their experiences and details have been kept
anonymous so that there is no objection from their top management or human resource
departments. This was done in order to avoid them from taking permission from higher
authorities, getting more accurate and personal responses and to gather more information in
lesser time,

This was the questionnaire emailed to them:

QUESTIONNAIRE
Survey on Sexual Harassment at Workplace

This survey has been designed as a method of data collection for my college Study Oriented
Project on "Sexual Harassment at Work Place". This survey is purely for the purpose of this
project. It is completely anonymous and does not ask for any details about your name, place
of work and about your co-workers. Please answer according to the experiences you have had
the place(s) you have worked at. Answer freely, the specifics of your answers will not be
disclosed to any one at any point in time.

1. Have you been sexually harassed at your work place?

- Yes

- No

- Can't Say

23
2. Which of the following instances according to you constitute sexual harassment?

a. Receiving career threat such as indications that you will be fired or withheld promotion if
you did not comply with requests fora date off or sexual favours

b. Being repeatedly shown obscene sexual gestures such as hand, tongue or body gestures
that made you feel uncomfortable or were offensive to you

c. Having someone repeatedly stand very close to you or come you in a way which made you
feel uncomfortable

d. Feeling like someone was frequently staring at parts of your body, making you feel
uncomfortable

e. None of the above

3. Are you aware of any company policies in your workplace on sexual harassment?"

- Yes l am aware

- No l am not aware

4. Where in the hierarchy of the company were you when you were harassed?

- Trainee

- Admin

- Worker/Labourer

- Manager

- Middle Manager

- Top Manager

24
5. Do you know who you need to approach or make report to regarding sexual harassment in
your workplace?"

- Yes l know
- No l have no idea

6. Do you know of others who have experienced Sexual Harassment at the workplace?

- Yes
- No

7. Which kinds of harassment did most of them suffer from? You can check more than one
option.

- Verbal

- Visual

- Physical

8. How often have you experienced sexual harassment?

- Once
- Twice
- Several
- Ongoing

9. Identify which forms of sexual harassment you have encountered from the following list:
Choose all the forms that you have been subjected to -
- Sexually Assaulted
- Forcibly Hugged
- Forcibly Kissed
- Career Threats (such as Termination or Withholding Promotion)

25
10. What was your work relationship with the harasser?

a. Superior

b. Colleague

c. Subordinate

d. Client/Customer

11. Have you ever reported being harassed to your employer?

- Yes

- No

12. Where did you report?

a. Human Resource Department

b. Employee Grievance Cell

c. Supervisor of the harasser

d. Top Management

e. Other:

26
DATA ANALYSIS:

1. Have you been sexually harassed at your work place?

- Yes

- No

- Can't Say

Sexually harassed respondents

Yes No Can't say

27
2. Which of the following instances according to you constitute sexual harassment?

a. Receiving career threat such as indications that you will be fired or withheld promotion if
you did not comply with requests fora date off or sexual favours

b. Being repeatedly shown obscene sexual gestures such as hand, tongue or body gestures
that made you feel uncomfortable or were offensive to you

c. Having someone repeatedly stand very close to you or come you in a way which made you
feel uncomfortable

d. Feeling like someone was frequently staring at parts of your body, making you feel
uncomfortable

e. None of the above

Series 1
14

12

10

0
Career threat Sexual gesture Making someone Staring at your None of the above
uncomfortable body

Series 1

28
3. Are you aware of any company policies in your workplace on sexual harassment?"

- Yes l am aware

- No l am not aware

Awareness of company policies

Yes No

29
4. Where in the hierarchy of the company were you when you were harassed?

- Trainee

- Admin

- Worker/Labourer

- Manager

- Middle Manager

- Top Manager

Heirarchy of the respondent

Top
manager

Middle
manager

Manager

Worker

Admin

Trainee

0 2 4 6 8 10 12 14 16

Heirrarchy of the respondent

30
5. Do you know who you need to approach or make report to regarding sexual harassment in
your workplace?"

- Yes l know

- No l have no idea

Who to approach in case of sexual harassment

Yes No

31
6. Do you know of others who have experienced Sexual Harassment at the workplace?

- Yes

- No

Harassment of respondent's acquaintances

Yes No

32
7. Which kinds of harassment did most of them suffer from? You can check more than one
option.

- Verbal

- Visual

- Physical

Harassment suffered by respondent's acquaintances

18
16
14
12
10
8
6
4
2
0
Verbal Visual Physical

Harassment suffered by respondent's acquaintances

33
8. How often have you experienced sexual harassment?

- Once

- Twice

- Several

- Ongoing

Frequency of Harassment

Once Twice Several Ongoing

34
9. Identify which forms of sexual harassment you have encountered from the following list:
Choose all the forms that you have been subjected to -

Sexually Assaulted

Forcibly Hugged

Forcibly Kissed

Career Threats (such as Termination or Withholding Promotion)

Forms of sexual harassment

18

16

14

12

10

0
Sexually assaulted Forcibly hugged Forcibly kissed Career threats

Forms of sexual harassment

35
10. What was your work relationship with the harasser?

a. Superior

b. Colleague

c. Subordinate

d. Client/Customer

Relationship with the harasser

Client

Subordinate

Colleague

Superior

0 2 4 6 8 10 12 14 16 18 20

Relationship with the harasser

36
11. Have you ever reported being harassed to your employer?

- Yes

- No

Number of victims reporting to the employer

Yes No

37
12. Where did you report?

a. Human Resource Department

b. Employee Grievance Cell

c. Supervisor of the harasser

d. Top Management

e. Other:

Department reported to

Other

Top Management

Supervisor

Employee Greivance cell

Human Resource Department

0 5 10 15 20 25

Department reported to

38
DATA INTERPRETATION:

Awareness of what comprises of sexual harassment was recorded high proving earlier
observations from studies that most women understand sexual harassment and can identify its
existence at the workplace. It was also observed that, companies don't have a definitive
sexual harassment policy and employees reflect a relatively low awareness of the existence of
the policy if there is one Nonetheless, those respondents aware of their company policies
registered a much higher level of awareness compared to those companies which were less
interested.

A startling 76.9% of the respondents claimed to have had experienced some form of sexually
harassment. Being "repeatedly addressed by terms that are unwelcome or Offensive" was
most frequently experienced by50.4% of the respondents who reported having been sexually
harassed.

The second highest reported incident was that of having someone "repeatedly stand very
close to you/ lean over you corner you in a way which made you feel uncomfortable". 43%
respondents indicated experiencing this form of physical sexual harassment feeling that
someone was frequently staring at parts of your body, which made you feel uncomfortable"
was ranked third highest, with 39%. 11.4% reported receiving "career threats such as
termination, withholding of promotion," if they did not comply with requests for a date or any
more serious forms of sexual favours. This form of 'quid pro quo' harassment is considered
'particularly reprehensible, since it represents a breach of trust and an abuse of power' by
those in a position to give or take away employment benefit. 9.2% reported being sexually
assaulted by their superior, colleague, subordinate or client-a reminder of how severe sexual
harassment in the workplace can get.

The responses indicate that respondents have experienced a wide range of forms of sexual
harassment. While some are perceived as more severe than others, they all create a negative
work atmosphere, otherwise known as a 'hostile working environment. This includes 'verbal,
non-verbal or physical conduct of al sexual nature which interferes with an individual's work.
Performance or creates an intimidating, hostile, abusive, offensive or poisoned work
environment."

39
It is worrying that many respondents experienced multiple forms of sexual harassment, with
one respondent indicating experiencing as many as all forms listed in the survey. This
indicates that when left unchecked, sexual harassment may often escalate both infrequency
and severity. It was found that most of the victims of sexual harassment, irrespective of
whether they lodged formal complaints, encountered adverse consequences in the workplace.
Such negative impact ranged from their personal security being threatened to experiencing
stress at work, as well as emotional and psychological trauma. This also resulted in them
being less productive and effective in their work.

55.1% respondents who experienced some form of sexual harassment and answered this
question reported feeling angry about the incident. Many indicated they were afraid (26.8%)
and confused (24.6%) about the situation. A smaller percentage (8.1%) reported feeling
guilty about the situation. 13.8% respondents who experienced sexual harassment felt it
affected the way they did their job.

While it is clear that emotions run high in such situations, many indicated that they wish
something could be done about it (29%) or that they had someone to talk to (15.1%)
However, 12.4% respondents were concerned that they would lose their job or not be
promoted if they took action -a real concern in situations where no formal mechanisms for
redress have been put in place. 12.5% respondents also felt resigned to the situation. Many
respondents also reported experiencing a combination of these emotions, showing the
intensity of emotions evoked from such an experience.

This situation reveals that a substantial proportion of sexual harassment victims felt that they
were working within an environment which was hostile and unsupportive, giving rise to
serious implications on work, productivity and organisational relations in the company.

As predicted, majority of the people were harassed by their superiors. There was a
considerably large number harassed by co-workers at the same level of hierarchy. Few cases
had women being harassed by their subordinate as usually they do not care of being
intimidated by a woman with authority. The harassment was not only limited to being carried
out by employees of the organisation but also extended to the clients and customers that the
women interacted with for business purposes.

40
When asked to describe their personal experiences, a common phenomenon observed in them
was the use of internet and telecommunication. A lot of women are being harassed over SMS
and emails with the increase of online social networking websites like Facebook and
instagram have added a new dimension to co-worker socialisation. This has also resulted in a
new avenue for harassment where harassers also tend to take more liberties at times.
Respondents also mention accounts of being humiliated severely when their accounts were
hacked by unknown co-workers and misused to cause socially embarrassing situations. This
shows that even though technology has helped people connect but it has brought too many
women a constant fear of being harassed. Companies need to keep a check on office based
social networking as well as online security and privacy protection of employees. It was
observed that complaints made to the HR department were responded to whereas the
supervisor to the harasser did not respond to them as required. Action was taken only in very
few cases due to the neglect by people at position of power.

As noted, most respondents (53 out of 70) did not complain to supervisors or the management
about their experiences of sexual harassment. As discussed in earlier sections of the report, a
number of factors were described to underlie this reluctance to complain. They are:
Prevailing Attitude, Power Dynamics and Fear of Job-related Discrimination, Lack of
Awareness and Confidence in Complaint Mechanism.

Some also believe that it is of no use and won't solve their problems and many are not aware
of the prevalence of a redressing system in their organisation and many don't feel hence never
approach it. This discourages employees to report about harassment.

The response time to complaints was poor reflecting that there is a lack of a standardised or
average time frame in carrying out the complaint procedure, response to the query in the
survey regarding action taken with regard to their complaints was given by only a few
respondents. All of them revealed different types of actions. In one case, the situation was
investigated into by enquiring around the department that the victim worked in and observing
the behaviour of the harasser. It was concluded that some forms of harassment had prevailed
upon which he was given a strict warning and informed that in case of another such incidence
his employment would be put on probation. In the case of internet based harassment, the
hacker was tracked by the network administration and a meeting between the harassed and
harasser intervene by the Human Resources Department was called. The accused was given a

41
warning and all his access to the internet and office network was revoked for 2 months. This
shows that even though, the number of harassed women who actually got a response to their
report were very few, there are companies out there with well-structured redressed system.
Other organisations should use their models in order to develop their own policies and
systems.

Women in our study reported the experience of a range of behaviours - while leading forms
of harassment were verbal or psychological, disturbing numbers of women reported such
harassment as unwanted touch, and sexual gestures and exhibitionism. Experiences of sexual
harassment reflected, by and large, power imbalances that make younger women and those in
subordinate positions particularly vulnerable. Incidents of sexual harassment were most often
perpetrated by people in authority, and even clients and customers, who were perceived to
have the power to influence women's job security in the organisation.

In short, while the Supreme Court guidelines have opened up the discourse on sexual
harassment at the workplace. It is clear that much remains to be done to address gender
stereotyping and harassment in the working environment and to ensure that women have
recourse to effective resolution of complaints. It is important E.g., that awareness of the
inappropriateness of sexual harassment and the rights of women. Workers is created and
worked into the conduct rules for employees at all levels, irrespective of their positions. More
specifically, there is a need to raise awareness of the Supreme Court guidelines and to build
confidence among women workers that complaints made will be treated impartially and
confidentially.

The survey results have shown similar results as other surveys conducted in a few Asian
countries on a similar demographic. Most of the published surveys conducted on women in
India focus on the labour class of women, women in health care sector lower in the hierarchy
or girls in academic institutions. This study on the other hand has respondents working in a
corporate setting and has thus helped get more on their perspective current scenario.

42
 MEASURES TO BE TAKEN:

How to Prevent Sexual Harassment in Your Workplace:

Here are some clear guidelines for ensuring sexual harassment is not occurring in your
workplace. This should help you play a part in ending sexual harassment at work for good.
1. Understand the definition of sexual harassment
All staff should understand what is meant by sexual harassment. Here are some examples:

 Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments

 Touching and any other bodily contact such as scratching or patting a coworker’s back,
grabbing an employee around the waist etc.
 Repeated requests for dates that are turned down or unwanted flirting
 Transmitting or posting emails or pictures of a sexual or other harassment-related nature
 Displaying sexually suggestive objects, pictures, or posters
 Playing sexually suggestive music

2. Incorporate training on harassment and discriminatory treatment in your workplace

Mandate regular and ongoing training for employees and supervisors. Provide refresher
training on an annual or as-needed basis.
3. Ensure your workplace has a sexual harassment policy in place
Your organisation should publish a sexual harassment at work policy and ensure all staff are
familiar with it. The policy should include clear whistleblowing and reporting procedures. If
you are unaware of such a policy in your workplace, speak to your line manager about having
one put in place.

Suggested contents of an anti-sexual harassment policy

1. A vision statement setting out the organization’s commitment to maintaining a fair and
equitable environment free of sexual and gender-based harassment, and stating that the
organization will not tolerate sexual and gender-based harassment.

2. A statement of rights and obligations under the Ontario Human Rights Code.

3. A list of the prohibited grounds of discrimination listed in the Code.

43
4. The Code definition of "sexual harassment" and a definition of "gender-based harassment.”
5. An explanation of the concept of a "poisoned environment" as a violation of the Code, and
examples of a poisoned environment that are meaningful in that organization’s context.

6. A description of unacceptable behaviour, such as: 

 examples of sexual harassment as listed in the OHRC’s Policy on preventing sexual and
gender-based harassment.

7. A description of who the policy applies to (such as employers, employees, third party service
providers, etc.).

8. How internal complaints will be handled with details on:

 who to complain to
 an assurance that the person handling complaint should be independent, expert, etc.
 confidentiality
 reassurance that the person making the complaint will be protected from reprisal, or threat of
reprisal
 help that is available for parties to a complaint
 the availability of Alternative Dispute Resolution, such as mediation, to resolve a complaint
 how the complaint will be investigated
 how long the process will take
 steps that will be taken if it is not appropriate for the person making the complaint to continue
working with the person/people being complained about
 how the organization will deal with the complaint when the harasser is unknown (e.g. cyber
harassment).

9. Remedies that will be available if the claim of sexual harassment is proven, such as:
 disciplinary measures to be applied (for example, in employment, measures could range from
a verbal warning or a letter of reprimand to termination)
 compensation to the person who made the complaint.

10. A statement reinforcing the right of individuals to file other types of complaints, such as:
 a human rights application with the Human Rights Tribunal of Ontario at any time during the
internal process, as well as an explanation of the one-year time limit in the Code

44
 a complaint under the Occupational Health and Safety Act, if applicable
 a grievance under a collective agreement, if applicable
 criminal charges, if applicable.

4. Raise awareness
The most effective form of prevention is awareness. Those who are aware of behaviours that
can be interpreted as harassment are less likely to behave in that way and more likely to
notice any form of harassment. This short assessment will help staff measure their perception
of sexual harassment in the workplace.

5. Have clear harassment reporting procedures in place

All staff must feel comfortable reporting any behaviour that makes them or other staff feel
uncomfortable. One thing we have learnt from the most recent allegations is that staff have
protected, rather than reported colleagues behaving inappropriately at work.
6. Incorporate staff welfare into review meetings and appraisals
These types of meetings are more than just a chance to review your employees’ performance
and achievements; rather, this is an opportunity to give staff a voice to report any staff that
have made them or their colleagues feel uncomfortable.
7. Deal with any allegations and concerns immediately
Any instance whereby a fellow staff member or employee shares a concern with you should
be dealt with as soon as possible. All the more so when it comes to sexual harassment in the
workplace. The clear procedures in place should allow for the concern to be raised promptly
and efficiently.
8. Have a dedicated person in place to review any allegations
Does your workplace have a dedicated staff member responsible for dealing with any
concerns of sexual harassment? In a small or medium sized business this will often be an HR
person, while in a larger organisation there should be a staff member dedicated to handling
any concerns staff have (including all areas rather than just the area of harassment).
9. Zero tolerance policy
It goes without saying that there should be a clear zero tolerance policy towards sexual
harassment in your organisation. Regardless of an employee’s stature within the organisation,
should they be found guilty of sexually harassing a colleague or staff member there should be
immediate consequences. If deemed necessary, a statement should be filed with the police.
10. Report any concerns immediately

45
If you feel someone in your organisation has behaved inappropriately towards you or you
have concerns regarding a colleague, raise your concern immediately. Your company policy
should highlight the importance of confidentiality so you can raise your concern without
fearing any negative consequences such as docked pay or being fired.

BIBLIOGRAPHY:

Books:
Denisi, Ricky W. Griffin, "Human Resource Management"
Angelo S. biz tantra Dreamtech Publishers Edition,
MaryL Boland, "Sexual Harassment in the Workplace", Paramita Chaudhuri,"Sexual
1"Edition,SphinxPublishing harassment in the workplace: experiences of women in the health
sector", 1"Edition,Population Council 2006 Michele Antoinette Paludi, "Academic and
workplace sexual harassment: a handbook of cultural, social science, management and legal
perspectives", 1"Edition Greenwood Publishing Group

Websites &Online Journals:

http://books.google.co.in/books

46
http://www.informaworld.com/smpp/home-db-all
http://priacash.org/sexualharassment bill 2010.pdf
http://indialawyers.wordpress.com
http://www.springerlink.com/ http://onlinelibrary.wiley.com/
http://www.oxfordjournals.org/subject/humanities/
http://www.oxfordjournals.org/subject/social sciences/
http://ebooks.bits-pilani.ac.in/
http://www.citehr.com/
http://www.crvawc.ca/documents/WorkplaceHarassmentand Violencereport.pdf http://
www.plu.edu/~mendenje/doc/sexual-harassment.doc
http://hrln.org/admin/issue/subpdf/Sexual Harrassment_at_Workplace.pdf
http://www.csrindia.org/index.php/csr/526-sexual-harassment-at-work-place http://
data.undp.org.in/hdrc/thematic Resource/gndr/Sexual Harassment.pdf
http://lsj.sagepub.com/
http://www.jstor.org/ http://linkinghub.elsevier.com/
http://www.sciencedirect.com

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