Sexual Haressment Complaint Against High Performing Assert.

Hi Folks,
We have a very small but high performing team which works in the night shift were some of the employees are females. Couple of the females have recently complained in writing that one of the newly promoted Team leaders is harassing them - blocks their passage, stares at their body while speaking to them, always intruding into their space.
Can any of you suggest ways of handling such issues? Local Management is fearful of losing a high performing assert but our global management has suggested counseling then action....
I am stuck in a quandary....

Hi Alex,

i have gone through your concern, & i felt very ashamed that we are still tolerating such kind of misbehaviour to our female employees. come !!on yaaar!!!!!!!!! we are in 21 st century where women are also having the same rights which the men have. why can't you take a meeting along with some senior persons for the same issue............& try to make him understand that whatever he is doing is wrong..............& infact it's not a question of right or wrong but its a question of women prestige...........& Even after that if you"ll not find any changes.....in that person.......simply kick him out of company..........coz if you"ll keep that person in the company he"ll make the atmosphere so dirty that none of the employess would like work in that company

which will impact on the rapport of your co. & I now that you will take a wise decission to kick that employee out rather than spoiling your co. name.....

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

Imagine some woman staff musters 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 supreme court in famous "Vishakha" case of 1996.

Why are you looking at the performance of that person? Incumbent CEO of iGate was earlier employee of Infosys. When he was in USA, he was charged with sexual harassment. In the enquiry it was revealed he is guilty of the 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 to other functions.

Take it as a challenge to search 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 you could not exercise your discretion?

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

Dinesh V Divekar

Standing in the passage/ corridor in such a way as to block way of female and starring on body of female while speaking to her are sexual harassments within the meaning of sexual harassment given by the Apex Court in Vishaka's case. Once you receive a complaint, you should not make any delay in dealing with it. Failure to redress it would lead to severe consequences because every employer who employs woman are expected to have a committee exclusively to handle cases connected with sexual harassments. Moreover, you are engaging women during night. If you fail to treat women in good manner, the same Labour department/ government machinery which has given you permission to engage women during 7 pm to 6 am can cancel the it.
There is nothing wrong in suspending the men employee pending an enquiry. No matter how his performance is. As stated by Sandhya, there is no scarcity of skilled manpower.
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 committe to investigate the compalints 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 opinion 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 and handle major issues related to HUMAN BEHAVIOUR, ATTITUDE, HABITS etc., at my work place and i had succeeded in producing POSITIVE RESULTS that are visible to everyone and the same will be continued till their LAST BREATH. But if i reveal it here then, honestly i believe that i might be exposing my HIDDEN TALENTS and wont be able to fetch clients and earn my living.

if you are really interested, then i would love to offer my services and "I GUARANTEE YOU THAT, YOUR HIGH PERFORMING TEAM WILL CONTINUE TO PERFORM THEIR BEST WITHOUT LOOSING TOP PERFORMERS AND THERE WONT BE ANY ISSUE PERTAINING TO SEXUAL HARASSMENT IN FUTURE"

Its 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 STRENGTH & WEAKNESS of both GENDER. What makes a MALE and FEMALE to behave indecent. What are the factors(employee dress code, body language) associated with it. A male cant be taken granted for everything.

2) HUMAN BEINGS are born to make MISTAKES, Its natural and common for all. A MISTAKE IS A MISTAKE and need to be CORRECTED. Ofcourse we learn by doing 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 your employees(female) were HARASSED?

4) Every one has SET BACKS and i believe you need to look into the 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 is giving highest priority followed by stringent action, whenever such complaints are registered by FEMALE EMPLOYEES but it is quite contrary to the complaint registered by MALE EMPLOYEE when the fault lies with FEMININE GENDER. This is the generation where equal importance is given to both gender.
4.2) I am requesting you "NOT TO BLAME MALE FOR EVERYTHING AT THE SAME TIME WE CANT EVEN BLAME THE FEMALE EITHER" but i doesn't mean i am supporting masculine gender.

5) Try not to invite COPS at your DOOR STEP and embarrass your HIGH PERFORMING TEAM. This may even damage your organisation's REPUTATION.

6) I believe in BRINGING MASSIVE CHANGES IN EMPLOYEES WITHOUT PUNISHING THEM because PUNISHING HUMANS IS MUCH EASY TASK THAN BRINGING DESIRED CHANGES THAT CAN LAST(RETAINED & 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 on a problem to an existing problem and make it worst.

If you believe in GOD then, do believe in humans created by him. I believe in ALMIGHTY beyond my limits, as he is the one who blessed me with certain skills that made me to earn my bread and butter.....may be more than that..

Looking forward to hear 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 future, Make your sexual harassment policy is designed in a manner that such kind of behavior be it by Senior or junior, is not discussed...just the action is taken against such people.
If you are still calling that person an asset, its a failure of the company....any one who cannot adhere to the rules and regulations, cannot adhere to the code of conduct cannot ever be an asset no matter what performance he/she shows.
Call for a meeting...and resolve the issue asap.
DO let us know what is the decision..
Regards,
Archna

Dear all,

It was a general complaint that sexual harassment is being taken place in most of the establishments, wherever female employees are on employment. Now a days the frequency has been reduced to a certain extent. It is one of the principle obligations of every employer who engaged female staff in their establishment that there should not be any room for such issues in their establishment but in most occasion it is not being worked out fruitfully. As such I suggest you:-

1. If the establishment is falling under the jurisdiction of the Industrial Establishment Standing Orders, there should be a normal notified working hours; for which the Working Hours for Female employees should be specified and adhere that ruling both Employee and Employer. Any violation in timing should be brought to the notice of the Appropriate Authorities for remedial action. More over, any Registered Trade Unions operating there or the Works Committee formed under the I.D Act or any Welfare Officer who is engaged (if so) for that establishment has also to be looked into to direct the Employer in the right track and advice the female employees for management and handling of such occassions.

2. Any complaint on such harassment is reported, it should be first brought to the notice of the Management by the affected person and also forward a written complaint "per favour of the Management" to the Police Authorities against the culprit by the affected party. Based on the Written complaint received from the affected party, the Management also is liable to inform such issues to the Police, then the appropriate higher authorities of the Establishment and initiate necessary Disciplinary action against the culprit by virtue of the relevant provisions of Disciplinary Proceedings/Labour Laws whichever is applicable.

3. If the management is not properly cooperating in this issue for protecting the interest of the affected workman or the interest of the Establishment, please inform the concerned Management that they are liable to CONTEMPT OF COURT as per the Supreme Court Verdict ion in Vishaka's case, if the affected party approach directly before any Court of Law.

with regards,

Jagdish.K. Kochi
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+91 9947662384

Dear Alex
Instead of making any hasty decision, must first make your record complete with strong evidence, so that any action of the management may not be challenged later by any one. First of all try to get some independent evidence by putting some trusted person on special duty on night shift for 2-3 days just to notice behavior of the leader of the team. Thereafter depute some very senior, but impartial, person to personally record statements of the team leader as well as the accusers independently. If found guilty, instead of asking him to put his papers, must take action to dismiss him by formally chargesheeting him. Mere asking to resign would not help to give him any lesson for such type of misbehavior.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultant
New Delhi
[dcgroup1962@gmail.com]

Hi Alex
1. Start a domestic enquiry. You will know what actually happened.
2. The victimiser will anyway panick once the enquiry starts and may mend his ways.
3. Once a complaint is received in written, you have no coice but to act on it. Remember, employees whose grievances are not sorted, have external agencies to approach. The ramifications would be more severe then.
4. Imagine the bad publicity your organisation must be receiving by word of mouth already.
5. Remember the main reason for the existance of ' HR personnel' is the HR itself. HR needs to be looked after.
All the best