Bullying & Workplace Harassment

1. Bullying & Workplace Harassment

2. What is Bullying/Harassment? Occurs when one person subjects another to unwelcome verbal or physical conduct. It includes unwanted physical contact, attention, demands, jokes or insults. • Race • Religious Beliefs • Colour • Gender • Physical or mental disability • Age • Ancestry • Place of Origin • Marital Status • Source of Income • Family Status • Sexual Orientation

3. What is Sexual Harassment Sexual harassment is any unwelcome sexually determined behaviour, such as:- • Physical contact • A demand or request for sexual favours • Sexually coloured remarks • Showing pornography • Any other physical, verbal or non-verbal conduct of a sexual nature 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 makes it a condition for employment/payment of wages/increment/promotion… • makes an unwelcome remark with sexual connotations, like sexually explicit compliments/cracking loud jokes with sexual connotations/ making sexist 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 unwelcome conduct of a sexual nature, which could be verbal, or even non-verbal, like staring to make the other person uncomfortable, making offensive gestures, kissing sounds, etc. It is sexual harassment if a supervisor requests sexual favours from a junior in return for promotion or other benefits or threatens to sack for non-cooperation or makes intrusive inquiries into the private lives of employees, or persistently ask them out. It is sexual harassment for a group of workers to joke and snigger amongst themselves about sexual conduct in an attempt to humiliate or embarrass another person.

4. Visakha Guidelines Guidelines laid down by the Hon’ble Supreme Court in Vishaka and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384) It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.

5. Sexual Harassment – A Spectrum Of Behavior Patterns VISUAL VERBAL WRITTEN TOUCHING POWER FORCE • Ogling • Staring • Posters • Magazines • Flyers • Calendars • Love Poems • Love Letters • Obscene Poems • Obscene Letters • Cards • E-Mail • Internet • Violating Space • Patting • Grabbing • Pinching • Caressing • Kissing • Using Position To Request Dates, Sex, etc. • Promising • Threatening Loss Of Job • Rape • Physical Assault • Requests For Dates • Questions About Personal Life • Lewd Comments • Dirty/Sexual Jokes • Whistling DEMANDS ARE A VIOLATIONIN ALL CASES OFFENSIVE CONDUCT MAY BE A VIOLATION • Individual Perceptions And Reactions Determine • Harassment • Behaviors Unwanted By Recipient May Be • Harassment And Are Always Inappropriate • Behaviors May Not Be Intended To Harass, But • That Is Often The Result • Behaviors Are Intentional; Goal Is To Intimidate, Harass And/Or Hurt Another Person

6. Harassment Exists When… It Becomes A Term Or Condition Of Employment This Could Be Hiring, Firing, Promotions, etc. It Affects Decisions About An Employee Who Gets Good Assignments, Who Travels, Who Gets Trained, Who Gets Overtime, Or Who Gets What On Performance Appraisals. It Unreasonably Interferes With A Person’s Job Performance OR It Creates A Work Environment That Is: Intimidating Hostile Offensive

7. Workplace Harassment Costs Costs to Employee • Emotional Distress (e.g. fear, anxiety, guilt) • Loss of Self-esteem • Embarrassment • Anger • Illness (e.g. ulcers, headaches, stress-related symptoms) • Exclusion From Groups • Loss of Income (e.g. Increased absenteeism) • Loss of Job • Disrupts Career Costs to Employer • Poor Morale • Low Productivity • Absenteeism • Staff Turnover • Retraining • Litigation • Damaged Public Image • Investigations by AHRC • Financial Strength • Customer/Supplier Relationships • Company Pride

8. Why Don’t People Report Workplace Harassment? • Afraid of retaliation - think they may get into trouble, be fired, be ridiculed by team members • Embarrassed • Don’t think that people would believe them or take them seriously • Don’t believe it’s actually happening or dismiss it as not being serious • Unsure or don’t know that it is harassment • Don’t want to get the co-worker into trouble • Think they should be able to handle it on their own • Think the environment allows that type of behavior (especially sensitive for new hires)

9. Workplace Harassment Preventative Steps • A Workplace Harassment Policy And Complaint Procedure Should Be In Place • A Workplace Harassment Policy And Complaint Procedure Should Be Communicated Throughout The Company • Applicable Training On Workplace Harassment Prevention Should Be Conducted • A Work Environment That Is Conducive To Raising Complaints Should Be Created

10. Sexual Harassment Preventative Steps • Express prohibition of sexual harassment at the work place should be notified, published and circulated. • The Rules/Regulations relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. • Should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. • Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. • Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. • In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

11. Sexual Harassment Preventative Steps contd.. • Disciplinary Action: Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. • Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organisation for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. • Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality.The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

12. Manager Responsibilities • First and foremost, acknowledge that it is your legal responsibility to provide safe working environment for women free from sexual harassment and discrimination and that you can be held liable for sexual harassment by employees. • Communicate to employees about Company’s policy: discrimination and harassment are unacceptable. • Lead by example, using their own behaviour as a model for all employees. • Respond promptly and thoroughly to any complaints of harassment -- maintain confidences and treat all sides fairly when investigating. • Gather feedback to evaluate and continually improve policy compliance. • Know that sexual harassment can have a devastating effect upon the health, confidence, morale and performance of those affected by it. The anxiety and stress produced by sexual harassment commonly leads to those subjected to it taking time off work due to sickness, being less efficient at work, or leaving their job to seek work elsewhere. • Understand the reasons why women remain silent about sexual harassment. An absence of complaints about sexual harassment does not necessarily mean an absence of sexual harassment. It may mean that the recipients of sexual harassment think that there is no point in complaining. • Recognise the tangible and intangible expenses and losses organisations experience. • Create a culture which promotes compliance, encourages employees to raise their policy questions and concerns and prohibits retribution.

13. Employee Responsibilities Ask yourself the following: - Do I consent to the behaviour? - Does the behaviour make me uncomfortable? - Does the behaviour violate my dignity as an individual? - Does it violate my right to work in dignity in a safe working environment? • Read the policy and procedures to follow should they experience or observe harassment or disrespectful behavior. Seek assistance if they have questions about the policy. • Understand what constitutes harassment to ensure that their comments or actions do not inadvertently offend another co-worker. • Promptly report all incidences of harassment that they are aware of, or experience, to whomever they are comfortable with. • Speak up, if a reported concern is not resolved, raise it again. • If possible, keep record of dates, time and location of all incidences of suspected harassment. • Inform a trusted colleague and try to insure that s/he is a witness to a situation where someone is being harassed. This will be useful later if you chose to file a formal complaint.

14. Thanks