Sexual Haressment Complaint Against High Performing Assert.

Hi Folks,

We have a very small but high-performing team that works the night shift where some of the employees are females. A couple of the females have recently complained in writing that one of the newly promoted Team Leaders is harassing them - blocking their passage, staring at their bodies while speaking to them, and always intruding into their space.

Can any of you suggest ways of handling such issues? Local Management is fearful of losing a high-performing asset, but our global management has suggested counseling and then taking action...

I am stuck in a quandary.

Hi Alex,

I have gone through your concern, and I felt very ashamed that we are still tolerating such kind of misbehavior towards our female employees. Come on, yaaar! We are in the 21st century where women also have the same rights as men. Why can't you convene a meeting along with some senior persons to address this issue, and try to make him understand that what he is doing is wrong? In fact, it's not just a matter of right or wrong, but it's a question of women's prestige. Even after that, if you do not see any changes in that person, simply kick him out of the company. Keeping that person in the company will only make the atmosphere so toxic that none of the employees would want to work there, which will impact the reputation of your company. I know that you will make a wise decision to dismiss that employee rather than tarnishing the company's name.

I am sure that there is no scarcity of talent in India!

Dear Alex,

First and foremost, stop using the word 'female.' This type of description is fit only for biological/veterinary subjects and not general subjects.

Couple of women staff complain in writing and you or your management just sit on it? Don't you think that you are sitting on a tinderbox? By chance, if this box explodes in the future, what will be the standing of your management?

Imagine some woman staff musters the courage and complains against the team leader to the police, your management will also come under fire for not protecting the women staff. Because they will be going against the directions given by the Supreme Court in the famous "Vishakha" case of 1996.

Why are you looking at the performance of that person? The incumbent CEO of iGate was an earlier employee of Infosys. When he was in the USA, he was charged with sexual harassment. In the inquiry, it was revealed he is guilty of misconduct. Infosys told him to put in his papers. Please remember that he was holding a far senior position at that time!

When it comes to the usage of jargon like employee engagement, talent management, and so on, HR folks are most vociferous. But when it comes to taking actual action, they develop cold feet. This very inaction of HR does not give them parity with other functions.

Take it as a challenge to search for his better replacement and throw this person out. In fact, you should not have raised this question in this forum on what to do. Why could you not exercise your discretion?

My reply is a little testy, but then the situation merits this type of reply only.

Dinesh V Divekar

Standing in the passage or corridor in such a way as to block the way of a female and staring at the body of a female while speaking to her are considered sexual harassments as defined by the Apex Court in Vishaka's case. Upon receiving a complaint, prompt action should be taken without any delay. Failure to address the issue promptly could lead to severe consequences, as every employer who hires women is expected to have a committee dedicated exclusively to handling cases related to sexual harassment.

Furthermore, if you are employing women during the night, it is crucial to ensure they are treated respectfully. The same labor department or government authority that granted permission to employ women between 7 pm to 6 am can revoke that permission if women are not treated appropriately.

There is no harm in suspending a male employee pending an investigation, regardless of his performance. As noted by Sandhya, there is a sufficient pool of skilled manpower available.

Regards,
Madhu.T.K

Dinesh Divekar, Madhu, TK, and Sandhya have all given you sound advice. I have just checked the case referred to as Visakha at India Together: Starting the battle against sexual harassment, from Volume 4, Issue 1, of Combat Law. You better get to grips with it by constituting a committee to investigate the complaints and follow Madhu's advice as he is a lawyer.

Have a nice day.

Simhan
A retired academic in the UK

Dear Mr. Alex,

I had gone through your query and others' opinions as well. As a "Behaviour Specialist," I would like to reveal one of my training secrets. Though I am just an ordinary person who loves to deal with and handle major issues related to human behaviour, attitude, habits, etc., at my workplace, I have succeeded in producing positive results that are visible to everyone and will continue till their last breath. However, if I reveal it here, honestly, I believe that I might be exposing my hidden talents and won't be able to attract clients to earn my living.

If you are really interested, I would love to offer my services, and I guarantee you that your high-performing team will continue to perform their best without losing top performers, and there won't be any issues pertaining to sexual harassment in the future.

It's a challenge for me, and you will speak on my behalf to all CiteHR members about the positive results I am about to deliver only if you choose to engage my services.

1) Kindly study the human psychology associated with the strengths and weaknesses of both genders. What makes a male and female behave indecently? What factors (employee dress code, body language) are associated with it? A male can't be taken for granted in everything.

2) Human beings are born to make mistakes. It's natural and common for all. A mistake is a mistake and needs to be corrected. Of course, we learn by making mistakes, but this kind of mistake reflects one's character. It can be corrected and treated without punishing them.

3) Sexual harassment is sexual harassment, but to what extent were your female employees harassed?

4) Everyone has setbacks, and I believe you need to look at both sides of a coin. Do the root cause analysis by studying the whole issue, and kindly don't react or make the situation worse.
4.1) The law gives the highest priority followed by stringent action whenever complaints are registered by female employees, but it is quite contrary to the complaints registered by male employees when the fault lies with the feminine gender. This is the generation where equal importance is given to both genders.
4.2) I am requesting you not to blame males for everything, at the same time, we can't even blame females either. But, it doesn't mean I am supporting the masculine gender.

5) Try not to invite cops to your doorstep and embarrass your high-performing team. This may even damage your organization's reputation.

6) I believe in bringing massive changes in employees without punishing them because punishing humans is a much easier task than bringing desired changes that can last (retained and practiced for best results) forever.

"Firing an employee is not the final solution." There is a solution for every problem, and we should never create or add to a problem to an existing one and make it worse.

If you believe in God, then do believe in humans created by Him. I believe in the Almighty beyond my limits, as He is the one who blessed me with certain skills that made me earn my bread and butter... maybe more than that.

Looking forward to hearing from you.

With profound regards,

Since many senior and experienced members have already provided their valuable suggestions here, I would not add anything to suggest the solution. But for the future, make sure your sexual harassment policy is designed in a manner that such kind of behavior, be it by a senior or junior, is not discussed...just action is taken against such people. If you are still calling that person an asset, it's a failure of the company. Anyone who cannot adhere to the rules and regulations, cannot adhere to the code of conduct, can never be an asset no matter what performance he/she shows. Call for a meeting and resolve the issue asap. DO let us know what the decision is. Regards, Archna

Dear all,

It was a general complaint that sexual harassment is taking place in most of the establishments where female employees are employed. Nowadays, the frequency has been reduced to a certain extent. It is one of the principal obligations of every employer who engages female staff in their establishment to ensure that there is no room for such issues. Unfortunately, in most cases, this is not being carried out effectively.

Therefore, I suggest the following:

1. If the establishment falls under the jurisdiction of the Industrial Establishment Standing Orders, there should be normal notified working hours. The working hours for female employees should be specified, and both employees and employers should adhere to these regulations. Any violations in timing should be reported to the Appropriate Authorities for necessary action. Additionally, any Registered Trade Unions operating there or the Works Committee formed under the I.D Act, or any Welfare Officer engaged for that establishment, should also be consulted to guide the employer in the right direction and advise female employees on managing and handling such situations.

2. Any complaints regarding such harassment should be first reported to the management by the affected person. A written complaint should also be forwarded "per favor of the Management" to the Police Authorities against the culprit by the affected party. Based on the written complaint received, the management is also required to inform the Police, the appropriate higher authorities of the Establishment, and initiate necessary disciplinary action against the culprit as per the relevant provisions of Disciplinary Proceedings/Labour Laws, whichever is applicable.

3. If the management does not cooperate properly in addressing this issue to protect the interests of the affected worker or the establishment, please inform the concerned management that they could be held liable for CONTEMPT OF COURT as per the Supreme Court's verdict in Vishaka's case if the affected party directly approaches any Court of Law.

With regards,

Jagdish K. Kochi
jagdishkmunnar@gmail.com
+91 9947662384

Dear Alex,

Instead of making any hasty decision, you must first ensure your record is complete with strong evidence so that any management action may not be challenged later by anyone. First, try to obtain independent evidence by assigning a trusted person to special night shift duty for 2-3 days to observe the behavior of the team leader. Subsequently, delegate a very senior and impartial person to personally document statements from both the team leader and the accusers independently. If guilt is established, instead of requesting resignation, take action to dismiss him by formally charging him. Merely asking for resignation would not serve as a lesson for such misconduct.

PS Dhingra Chief Executive Officer Dhingra Group of Management & Vigilance Consultant New Delhi [dcgroup1962@gmail.com]

Hi Folks,

We have a very small but high-performing team that works the night shift, where some of the employees are females. Recently, a couple of females have complained in writing that one of the newly promoted Team leaders is harassing them - blocking their passage, staring at their bodies while speaking, and intruding into their personal space.

Can any of you suggest ways to handle such issues? Local management is concerned about losing a high-performing asset, but our global management has recommended counseling followed by action.

I find myself in a quandary.

Corrected by [Your Name] English Grammar and Spelling Correction Agent

Hi Alex,

Start a domestic inquiry. You will know what actually happened. The victimizer will panic once the inquiry starts and may mend his ways.

Once a complaint is received in writing, you have no choice but to act on it. Remember, employees whose grievances are not resolved have external agencies to approach. The ramifications would be more severe then. Imagine the bad publicity your organization must be receiving by word of mouth already.

Remember, the main reason for the existence of 'HR personnel' is HR itself. HR needs to be looked after.

All the best.