WHAT IS WORKPLACE SEXUAL HARASSMENT?

&*$# !! Inappropriate
sexual
behaviour

Hostile
Quid Pro
Environment
Quo: a Sexual
harassment,
demand for Sexual which refers
advances
sexual Harassment at to sexual
favours in
return for a
the Work Place harassment
of all other
reward
kinds.
Coercion

“Workplace” implies both, a place of

work, and extends to include a work
relationship. This means, it includes Bullying
offices, online spaces, educational
places, and everywhere that a work
relationship exists.
 WHAT LAWS GOVERN SEXUAL HARASSMENT IN INDIA?
The Convention on Section 354, IPC, 1860,
the Elimination of deals with assault or
Discrimination criminal force to a
against Women, woman
(CEDAW), governs with the intent to
sexual harassment outrage her
through its modesty THE VISHAKA GUIDELINES
prohibition on The employer has the duty to:
discrimination in - prevent and deter sexual harassment
employment. Section 509, IPC,
- provide procedures for resolution.
deals with word,
- constitute a complaints committee,
CEDAW: Convention on the Elimination of Discrimination against Women

gesture or act
headed by a woman with at least half
intended to insult the
Article 1 - States should of its members as women, and a third
modesty of a woman
take measures to party.
eliminate discrimination - report on the compliance with these
against women in The Supreme Court procedures.
employment in Vishaka v State of
Rajasthan, (1997) Workers and employees should
defined workplace - be allowed to raise issues of sexual
sexual harassment at their meetings and in
In 1992, the other appropriate forums.
harassment.
Committee on the - be able to discuss with affirmative
Convention issued
spirit at employer-employee meetings.
General
Recommendation The Supreme Court
19 addressing laid down guidelines
workplace sexual for prevention and
harassment. redress of sexual
harassment at
workplaces
HOW DO YOU KNOW IF YOU ARE FACING WORKPLACE SEXUAL HARASSMENT?

&*$
#
Commenting Spreading
on your Making Requesting rumors
clothing, sexual or sexual about a
relationships sex-based favours or woman’s
or body with jokes or
a lewd intent dates personal or
innuendoes sexual life

Derogatory Threatening
expressions, you for
gestures and If you face any rejecting or
filthy language or all of these, refusing
you’re facing sexual
advances
Sexual
harassment
Stalking,
Sexual Impeding or
assault and blocking
touching you someone’s
without your movement
consent
Inappropriate
touching of a
Staring, woman’s
singing lewd body or
songs, clothing
whistling,
catcalling and Kissing,
making hugging,
inappropriate patting, or
comments stroking
WHAT SHOULD YOU DO IF YOU ARE BEING SEXUALLY HARASSED AT
WORK? Consult your employee handbook or policies. If your employer has a
sexual harassment policy in place, follow it. If not, approach the Human
Resources for redress.

Put complaints in writing.Take notes on the harassment. Be specific.

Note the time and place of each incident, what was said and done, who
witnessed the actions, who did it and how often did it take place.

If you feel safe speaking directly to the person harassing you, explain
what is bothering you. Ask the harasser to stop the behavior. Always have
these conversations in the presence of a safe third person.

If you do not feel comfortable speaking directly to the person harassing

you, go directly to your supervisor or human resources department.

File a complaint with the Human Resources and insist on appearing

before the Sexual Harassment Committee and demanding an
investigation.
WHAT IS THE DIFFERENCE BETWEEN SEXUAL HARSSMENT AND FLIRTING?
RELATIONSHIPS IN THE WORKPLACE AND SEXUAL HARASSMENT

Adopt a policy prohibiting dating OR Full Disclosure dating.

Set workplace boundaries with respect to workplace dating

When a relationship ends, if one member of the former couple continues

to pursue the other member at work after a breakup to try to "patch
things up," he can be found liable for sexual harassment.

When a supervisor dates a subordinate, it is very difficult to prove that

the relationship was consensual because of the differential in power.

Public displays of affection, even among consenting adults who are dating
each other, can create an atmosphere that encourages other employees
to engage in conduct that can constitute sexual harassment.
SCENARIOS: IS THIS SEXUAL HARASSMENT?
SCENARIO 1:
While at work, Nina frequently makes personal phone calls to her friends.
Her conversations are loud and generously sprinkled with foul and obscene
language. Her co-workers in nearby cubicles cannot help but overhear her
conversations. Can Nina's behavior be interpreted as sexually harassing? If
no, explain why not. If yes, explain why.

SCENARIO 2:
Mihai persists in asking his co-worker Maria out to dinner, even though she
turns him down each and every time he requests a date. She has told him
several times to stop asking. Mihai’s behavior does not constitute sexual
harassment, because sexual harassment may only occur between a male
boss and a female subordinate. True or False? Explain why.

SCENARIO 3:
Alexander frequently tells off-color jokes during team meetings. Lilia is very
offended. She doesn't think Alexander's jokes are so funny. Alexander's
behavior is not sexual harassment because his jokes are all in fun, and he
does not intend to sexually harass anyone. True or False? Explain why.
SCENARIOS: IS THIS SEXUAL HARASSMENT?
SCENARIO 4:
Suzanna and Haik enjoy a great working relationship and just recently have
started dating. They can't seem to get enough of each other. They take breaks
and lunch together and are often seen flirting at the copy machine. They are
clearly infatuated with each other. Romance has no place at work. This
couple's behavior is clearly at risk for sexual harassment True or False?
Explain why.

SCENARIO 5:
Timur and Olga, advertising sales executives, travel together on a week-long
business trip. In the taxi ride from the airport to the hotel, Timur snuggles up
to Olga and tries to hold her hand. Olga strongly objects, and Timur backs off.
While Olga finds Timur's behavior offensive and unwelcome, the regulations
regarding sexual harassment in the work place are not relevant, since Timur
and Olga were not at their usual workplace when the incident happened. True
or False? Explain why.

SCENARIO 6:
Anton is a Vice President of Marketing at EZ Interactive Company and has
hired Rosa, just out of graduate school, as his assistant. Some time after Rosa
started working at the company, Anton tells her that the only way she can
keep her job at EZ Interactive is by having sex with him. Rosa refuses and is
fired a few months later for no reason. Rosa is the target of sexual
harassment.True or False?
SCENARIOS: IS THIS SEXUAL HARASSMENT?
SCENARIO 7:
Andrei: Well let's see, next order of business for the meeting here today is the new
hire, Rita. She is hot. I just hired her a couple days ago. Have you guys checked this
out yet?

Mark:Yeah, good job Andrei. She has the longest legs I’ve ever seen.

Elena: In reviewing Rita's application, and as personnel supervisor, I see that I hired
her for her computer skills, and her typing speed, and not her appearance or body
measurements.

Andrei: Elena we realize that. All we're saying is she's a qualified individual but she
just happens to look very nice and we're commenting on that.

Mark: I don't see any harm in that and I, for one, look forward to seeing her on a
daily basis.

Elena: Why are you guys talking about her as if she is a piece of furniture? What on
earth does what she looks like got to do with how she's going to work?

Andrei and Mark: . Well, we're just a bunch of guys, I mean it's normal guy stuff.
Men talk about these things, as do women sometimes.

Are comments made about Rita sexual harassment or “guys being guys”? Explain
and discuss your answer.
SCENARIOS: IS THIS SEXUAL HARASSMENT?

SCENARIO 8:
Maria has returned from maternity leave and needs to leave work promptly at
5:00 to pick up her child at child care. Her boss is not happy about her early
departure, but makes it clear to her that if she does something “extra” for him, it
will be okay. It is clear to Maria that something extra means something sexual and
she is very uncomfortable with the situation. Do you think the boss’s behavior
constitutes sexual harassment? Explain your answer.