The Workplace

“I am an air hostess. I shrink in disgust to see hundreds of lustful eyes creeping all over my body when I am at work.”Sonali [Deccan Herald 1-1-2008]

You step out of your house to work. You would like to be recognized for your intelligence and your sincerity. A grope, a lewd stare, jokes with sexual innuendos, ‘accidental’ touching or brushing past, seemingly harmless comments with double meanings, asking for sexual favours – with just one act, you are reduced to being a mere body. Sexual harassment at the workplace can be all this and much more.

What it is

When your employer or co worker asks for dates, brushes/touches/corners you, calls you unnecessarily into the cabin, displays pornographic material, sends offensive emails, asks for sexual favours, etc, it is overt sexual harassment. It can also be extremely covert and concealed.

Is it serious enough to call it sexual harassment? It is, if you are offended and feel violated by that action.

As the definition of sexual harassment can be hazy, there is always the question:

How do I know if it is really a case of sexual harassment and not some light hearted fun? Go through the statements below and answer ‘yes’ or ‘no’.

Was the behaviour of a sexual nature?
Did the behaviour make you feel uncomfortable or intimidated?
Was it bad touch?
Were there double entendres in the words?
Did the behaviour make you feel threatened or cornered?
Were you made to feel self-conscious of your identity as a woman?
Did you feel offended by the behaviour?

If you have answered ‘yes’ to more than one question, you should consider it a case of sexual harassment:

Do remember that:

Sexual harassment is not flirting.

Sexual harassment is different from having an affair. An affair becomes sexual harassment as soon as it is forced on the woman.
It is sexual harassment when a friendship crosses the line or goes overboard. YOU are the one who sets the boundary in an office relationship.
An office relationship is mutual. However, sexual harassment is forced. It becomes sexual harassment as soon as the man’s attention is unwanted.
Here are some examples of sexual harassment which will help you to identify it.
Demanding sexual favours
Lewd stares and leering at your body parts
Asking personal questions
Making personal comments on your body parts, clothes, appearance
Using names such as ‘darling’, ‘honey’ and so one, which make you uncomfortable
Cracking sexually explicit jokes or jokes which demean women, singing obscene jokes, sending sexually explicit mails, reading vulgar literature at workplace
Crossing your personal space
Brushing past your body
Touching ‘accidentally’, groping breasts or from behind, pinching, rubbing, putting arm around you, hugging you unnecessarily
Calling after work hours unnecessarily
Sending you text messages unnecessarily
Asking for dates constantly despite refusing
Making obscene gestures such as scratching private parts or opening belt/ shirt
Making double meaning statements, intending to embarrass you in front of others
Unnecessarily touching you in front of others
Holding your hand for moments longer than necessary while shaking hands
Asking you to dress in a particular way
Calling you unnecessarily to the office cabin
Cornering you in office
Making sexist comments among male colleagues, which you find offensive
Forcing you to drink or smoke
Forcing you to go out with him
Following you outside office space
Pressurizing you to sleep with him or have an affair with him
Trying to make a pass at you when out on business trips

Types

According to the Supreme Court, sexual harassment can be of two types:

Quid pro quo is when sexual indulgences and favours are demanded for better prospects, security of job, promotions, salary or projects.

For instance, when your boss or a senior colleague tells you, “I could get you (fill in the blank). But what’s in it for me?”

In most cases of this type of sexual harassment, the perpetrator is usually someone who has some form of authority over you, as an employee. Also harassment in this form is mostly explicit and overt in nature.

Hostile work environment includes any form of sexual behaviour as well as acts of discrimination such as non-provision of ladies’ toilets and rest rooms, finding fault with the work because she is a woman, discrimination because of a person’s sexual orientation, denying promotions and trivializing the issue of sexual harassment.

“If I had a problem, the principal would insist I first please him before he looked into the matter. When he spoke to me, it was always with innuendo and obscene gestures. At a school picnic once he looked pointedly at me and said, ‘I don’t like home-cooked food all the time. Sometimes I like to eat out as well’.”
-a senior school teacher. [DNA, 02/07/2007]

Possible Steps

“A male colleague used to narrate stories that were absolutely appalling. I tried to stop him, during one such story, and he didn’t. I went to my boss and asked him to talk to him. But, that didn’t work too.” – A call centre professional, [Dataquest]

Thousands of women silently tolerate sexual harassment at the workplace, because they not only fear loss of job, ridicule or stigmatisation, but also want to avoid embarrassment and further harassment at the workplace. What can you do once you are sexually harassed or are facing ongoing harassment? The most important thing for you is to STOP the ongoing harassment.

Informal Steps

Informal mechanisms are not only faster and cheaper than the formal route, but are helpful, in most cases. Here, your objective is to stop the ongoing harassment immediately. The harasser usually does not expect you to resist. Your aim is to make his acts visible.

How to confront the harasser:

It is important you resist or speak out as soon as an incident of sexual harassment takes place. Be direct and specific. Practice, if needed. “I found it offensive the way you (fill in the blank) on (this day) and I ask that you stop immediately.”
Make his act visible in the office. Let other people know about it. You never know, but there might be other women who have faced similar situations.
Inform the harasser that you have a right to work in an environment free from sexual harassment.
Your tone should be serious but polite.
Control your body language while confronting. Be strong, maintain direct eye contact and do not slouch. Stand straight while talking and keep your voice firm. Do not cry or hurl abuses at him. Stick to the issue of his misconduct.
Writing a letter is also an effective way of confronting the harasser, especially if he does not stop the harassment after verbal confrontation. Copy this letter to yourself and may be to the HR (if you decide to include them in the process). Be factual, giving details of the incident(s), the date(s) and how they made you feel (again, in a factual manner). Send the letter by registered post and keep the signed slip.
Even if you have given in to the sexual demands of the harasser in past circumstances (under threat or pressure), you have every right to protest or stop any sexual exchange at any point. You have every right to file a complaint as well.

Semi-formal Steps

Semi-formal mechanisms mean that you are taking the issue up informally with the management or any other authorised person. For instance, an official mail from the management or the supervisor may be enough to fix the problem. Many organisations would want to settle cases of sexual harassment to avoid negative publicity.

Find out if there is a complaints committee (as prescribed under the Vishaka Guidelines) or an anti-sexual harassment policy in your company. The HR is usually the department which helps you in these matters.
If the harassment persists, despite verbal warning, consult the HR. A letter from the HR or supervisor is often an effective way of stopping the harassment.
Spread awareness in the office regarding the Vishaka guidelines and the existing company policy among your co-workers. Share with your colleagues. If there are other women who have faced similar situation, it is possible to file a joint complaint.
Send a copy of the sexual harassment policy or the Code of Conduct rules to the harasser.
You have every right to insist on confidentiality while discussing these matters with the HR or a Supervisor.

Getting help from Trade Union or a NGO

If you feel the management has not treated your problem properly or you feel intimidated by them, you can approach a third party such as the Trade Union or a local Non Government Organisation. An NGO (dealing specifically with women’s issues) will especially be useful if you want to take legal action against the harasser. Part of the semi formal steps is preparation.

Preparation for a formal complaint

Documenting the harassment is one of the most important prerequisites, should you decide to file a formal complaint. This basically means that you must keep notes on the incidents or threats, with details of dates, places where the incidents occurred, how they made you feel, how you reacted, frequency and actual time of these incidents, how harasser behaved when confronted, the actual exchange of words, and if there were witnesses to the event.
Do not keep these notes in your office but at home and in your personal notebooks.
Keep a note of any changes in the portion and nature of your work/ projects, that is, if you have been given projects which are not part of your role.
If the incident of sexual harassment includes physical violence or assault, then get yourself medically examined. Retain the medical report as this is an important document for legal action.
Do keep copies of work records, the company’s work and anti-sexual harassment policies, performance appraisals, official documents commending your work and any other official documents which may help you with the case. But again, they must be kept in your home.
It is important that you get these documents authenticated by a witness. Also you must know the source of these documents.
Create a witness to the incidents of sexual harassment by sharing with a colleague and making him/her either an eye- or an ear-witness to the incident. This is crucial for establishing a strong case.

Formal or Legal Steps

Formal mechanisms mean written complaints. The course you choose depends on the nature of your workplace. For instance, the options available to a woman working in a bank will be different from the one working as a domestic worker. Usually, you have four options.

1] Filing a formal complaint with the office

Each company has their own set of Rules of Conduct. Sexual harassment would usually fall under violation of conduct rules related to morality and discipline. As per the Vishaka guidelines, sexual harassment in the workplace is misconduct and disciplinary action must be taken.

1.Find out the time frame of filing a formal complaint in your organisation. In some organisations it is 6 months while there is no time frame for the informal process.

2.Complaint Form: A complaint should have the following details:
a.Date of complaint
b.Complainant’s and alleged harasser’s name and position
c.Details of incidents, with the date, place, time and context of the incident
d.In the case of more than one incident, the latter should be written in a chronological manner.
e.Any witnesses to the incidents and their names. However these persons should know give their consent.
f.Mention the fact if the harasser is at a higher position than you.
g.Mention if you have given in to the demands made by the harasser or if you resisted the same.
h.Accurately put down any verbal comments.
i.The complaint should be as detailed as possible.

3.Focus on the incident/s of sexual harassment and not on any other work-related matters.

4.Reiterate the offensive aspect of the incident.

5.Submit the formal complaint, along with a covering letter and an acknowledgement receipt, to the Disciplinary Authority.

6.Make sure that you get an acknowledgement receipt of the complaint form. It is an important proof of your filing a formal complaint and there is no chance of the employer denying it later!

7.Once a formal complaint has been made, the employer can either send your complaint to the local police station (under whose jurisdiction the office is located) or take disciplinary action against the harasser.

2] Filing a case with the Complaints Committee

You also have the option of approaching the complaints committee which, according to the Vishaka Guidelines, must have at least 50% women members with one third-party presence of a non government organisation representative. This option is applicable only to the organised sectors, whereas victims of sexual harassment in the unorganised sector will have to follow their case in the Court. Do keep the following pointers in mind.

If you are a victim of sexual harassment, either you can directly approach the Complaints Committee or your complaint can be referred by the Disciplinary Authority.
This committee has the power to call the offender(s) informally for matters of investigation.
In case you feel the Complaints Committee is not properly constituted, then you have every right to put forth your written objection to the Disciplinary Authority. For instance, the members of the Authority must not be subordinate to the offender; or the third party representative is not an expert in the issue of sexual harassment.
It is difficult to prove cases of bias, either in favour of the accused or against you and you need to give factual details to prove either. At the same time, in case you know the third party personally, you should at no point show your connections, as this may be used against you.
You have a right to confidentiality in the entire proceedings. In fact, your witnesses too can maintain confidentiality if the situation so demands (for example, in case of threat and harassment by the accused).
When facing an enquiry, you can be assisted by a friend or a counsellor and in some cases, even a lawyer. Moreover, you may be assigned a Presenting Officer for the purposes of presenting the case to the Committee.
It is a high possibility that you do not have a witness. In such cases, factual details of the incident and denial of promotions etc will play an important role.

Filing a Criminal Case

Filing a criminal case means you have decided to go the whole way. It will mean time and money. It begins foremost with lodging a First Information Report (FIR). Since this is a criminal case, the latter can be registered by other persons as well. For instance, in the case of hostile work environment, a group of colleagues can file a joint case as well. Besides, in cases of sexual harassment at the workplace, the employer is legally bound to file a complaint to the police as well.