INTRODUCTION

The Constitution of India guarantees the achievement of "equality of status and opportunity" for all
citizens, as stated in its Preamble. Article 14 ensures the equality of every individual under the law.
Equality under this right includes the right to be treated equally in the workplace and all the spheres
thereof.

Consequently, a safe workplace is legally mandated for women. The principles of equality and
personal liberty, enshrined in Articles 14, 15, and 21 of the Indian Constitution, affirm a person's right
to equal protection under the law, freedom from discrimination on any basis, and safeguarding of life
and personal liberty. Additionally, India has ratified the UN Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW), often referred to as an international bill of rights
for women. CEDAW calls for gender equality in various aspects of life, including human rights,
fundamental freedoms, and political, economic, social, cultural, and civil domains. It emphasizes that
acts of discrimination and violations against women's dignity are contrary to the principle of equal
rights.

Sexual harassment represents a severe violation of women's rights to equality and dignity. It
originates from patriarchal beliefs that consider men superior to women and deem certain forms of
violence against women acceptable. Workplace sexual harassment, specifically, is often perceived
as harmless and inconsequential, dismissing various forms of such harassment. It is sometimes
justified as "natural" male behavior or "innocent flirting" that women supposedly enjoy. Contrary to
these misconceptions, it inflicts significant harm and serves as a clear manifestation of sex
discrimination in the workplace. Not only does it infringe upon a woman's fundamental rights,
including the right to practice any profession or occupation under Article 19(1)(g) of the Constitution
of India, but it also undermines equality and jeopardizes the well-being, dignity, and physical and
psychological health of employees. Consequently, it leads to decreased productivity and negatively
impacts both personal lives and livelihoods. Compounding the issue further, deeply ingrained socio-
cultural patterns that establish a gender hierarchy often place blame on the victim, perpetuating
inequality in the workplace and society as a whole.

Though sexual harassment at the workplace has assumed serious proportions, women do not report
the matter to the concerned authorities in most cases due to fear of reprisal from the harasser, losing
one’s livelihood, being stigmatized, or losing professional standing and personal reputation.

The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act in 2013 aimed to establish secure work environments for women and foster inclusive
workplaces that uphold their right to equal status and opportunities. By effectively implementing this
legislation, women's right to gender equality, life, liberty, and equitable working conditions can be
realized. Enhancing the sense of safety in the workplace will encourage greater participation of
women in employment, leading to their economic empowerment and promoting inclusive growth.

The POSH Act, under Section 2(f), defines employees broadly to include regular, temporary, and ad
hoc employees. In accordance with the section, an employee is an individual who is engaged in a
daily wage position, either directly or through an agent, a co-worker, a probationer, a trainee, and an
apprentice, whether remunerated or not, whether on a voluntary basis or otherwise, and whether or
not the terms of employment are express or implied.
According to Section 2(o) of the POSH Act, the definition of 'workplace' encompasses any location
that the employee visits as part of their employment, including transportation provided by the
employer for commuting to and from work. In the Saurabh Kumar Mallick v. Comptroller & Auditor
General of India 151 (2008) case, three criteria were established to determine what constitutes a
workplace for the application of the POSH Act:

● Proximity from the place of work.

● Control of the management over the place or residence where the working woman is
residing.
● The residence being an extension or contiguous part of the workplace.

The Vishaka Guidelines emphasized the importance of defining sexual harassment, and they
achieved this by adopting the verbatim definition from General Recommendation 19 of the CEDAW
Convention. 'Sexual Harassment' includes unwelcome sexually-oriented behavior, whether direct or
indirect, such as:

● Physical contact and advances.

● Requests or demands for sexual favors.
● Sexually suggestive or explicit remarks.
● Displaying pornography.
● Any other unwelcome physical, verbal, or nonverbal sexual conduct.
● Sexual acts directly related to the victim's employment or work.
● Conduct that is humiliating for women.
● Any sexual conduct that jeopardizes a woman's health and safety.
● The creation of a hostile working environment.
● Unwanted advances or requests of a sexual nature.

With the introduction of Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013, India finally had a clear explanation of what constitutes sexual
harassment. The Act provides a comprehensive understanding of the various aspects of sexual
harassment. It's important to note that the Act specifically protects women from sexual harassment
in the workplace. Men in India cannot file a sexual harassment case against another male or female
employee. Any working woman falling under certain categories is protected from being subjected to
sexual harassment in the workplace.

The Supreme Court defined sexual harassment as any unwelcome, sexually determined physical,
verbal, or non-verbal conduct. Examples included sexually suggestive remarks about women,
demands for sexual favours, and sexually offensive visuals in the workplace. The definition also
covered situations where a woman could be disadvantaged in her workplace as a result of threats
relating to employment decisions that could negatively affect her working life.

The POSH Act defines sexual harassment under Section 2(n) of the Act. The POSH Act states
that ‘sexual harassment’ is any unwelcome sexual behaviour, whether directly expressed or
implied, and includes the cases of physical contact and advances, or a sexual favour demanded or
requested, or making remarks with sexual overtones, or showing pornography or other offensive
material, or acting in an unwelcome sexual manner through physical, verbal, or non-verbal means.

The POSH Act defines sexual harassment as either direct or implied conduct, regardless of whether
it is physical, verbal, or written. The distinctive feature of this type of behaviour is that it is
undesirable and unwelcome. Among the forms of sexual harassment is quid pro quo sexual
harassment, which is a form of sexual blackmail. A typical scenario of quid pro quo harassment
involves a person in power pressuring an employee for sexual favors in exchange for advancement
or the threat of adverse employment action.
In addition to creating an intimidating working environment, the definition also refers to creating a
hostile working environment. For example, a work environment in which a woman employee feels
embarrassed because she gets unwelcome comments about her body type. The burden of
determining whether the harassment suffered by the victim amounts to a hostile work environment
rests on the internal committee because there is no fine line test specified under the Act.
Additionally, what constitutes sexual harassment varies from case to case depending on the facts
and the context.

The participation of women in the formal workforce is significantly lower than that of men in
India, as indicated by the annual bulletin of the Periodic Labor Force Survey (PLFS) 2019-20 data.
In FY 2020, the male participation rate stood at 56.8 percent, while the female participation rate was
merely 22.2 percent. Furthermore, the female labor force is particularly susceptible to adverse
effects and distortions. The quarterly PLFS statistics after the COVID-19 pandemic show a
considerable decline in female labor force participation rate. During the April-June 2020 quarter,
when strict movement restrictions were imposed, the participation rate dropped to a record low of
15.5 percent from the pre-pandemic rate of 17.1 percent. A research paper by Azim Premji
University on the gendered impact of the pandemic on India's labor market revealed that women
were seven times more likely to lose work during the nationwide lockdown and eleven times more
likely to not return to work subsequently, compared to men.

Considering these statistics that illustrate the vulnerable nature of women's work, it is crucial to
emphasize the importance of concerted efforts to create a safe workplace environment for women
and other minority groups. This is necessary to prevent them from slipping through the cracks and
being unable to sustain their employment.

There is a clear consensus that providing safe working conditions for women yields favorable
outcomes such as increased workforce participation and enhanced productivity. This, in turn, brings
significant benefits to the entire nation. Economic development on a broader scale relies on
empowering women, and this objective can only be accomplished by guaranteeing safe and secure
work environments for women in all sectors across the country.

It is crucial to prioritize prevention over punitive measures. This necessitates raising widespread
awareness about the Sexual Harassment of Women at Workplace Act among employers, managers,
and employees themselves. Often, women workers may experience sexual harassment but may not
recognize it as a violation of their rights or realize that they have recourse to address it. It is essential
for them to be informed and empowered to take action. Additionally, there are individuals who
perceive such incidents as personal matters that should be resolved privately. To alter this
perspective, immediate action is required to transform mindsets and attitudes. Creating awareness
about what constitutes sexual harassment and educating individuals about the steps they can take
to address it is of utmost importance.

History of Sexual Harassment Laws in India.

Before the introduction of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, commonly known as the PoSH Act in 2013, there was
no Indian statute specifically designed to address the societal malady of sexual
harassment, The only Indian laws somewhat applicable to such an instance were
Section 354 (Outraging the modesty of a woman) and Section 509 (Insulting the
modesty of a woman) of the Indian Penal Code 1860. It took a tragic case such as the
Vishaka case (Vishaka & Ors vs State Of Rajasthan, 1997) for the Supreme court to
finally lay down guidelines in this regard.

The Vishaka Guidelines called for the need to define sexual harassment. The guidelines
did this, taking a definition verbatim from the General Recommendation 19 to the
CEDAW Convention (Convention on Elimination of All Forms of Discrimination against
Women) to which India is a party. ‘Sexual Harassment’ includes such unwelcome
sexually-determined behaviour (whether direct or indirect) as:

● Physical contact and advances

● A demand or request for sexual favours
● Sexually-coloured remarks
● Showing pornography
● Any other unwelcome physical, verbal or nonverbal conduct of sexual nature.
● Any sexual acts carried out that are directly related to the victim’s employment
or work
● Conduct that can be humiliating for the woman
● Any sexual conduct that affects the health and safety of a woman.

With the PoSH Act, India finally defined what sexual harassment amounted to.
However, Indian men cannot file a case of sexual harassment at the workplace against
another male or female employee.

Apart from the Vishaka case, two other cases strengthened the framework and
foundations for sexual harassment law in India. In the case of Apparel Export
Promotion Council v. A.K. Chopra (1999), the Supreme Court enlarged the definition of
sexual harassment to state that “physical contact is not always essential for an act
amounting to workplace sexual harassment.” Sexual harassment is seen as any
‘unwelcome’ act. In a further invigoration of the Visakha guidelines, in the case of
Medha Kotwal Lele & Ors v. Union of India & Ors (2013),the Supreme Court placed
emphasis on States to follow the Vishaka Guidelines and to ensure its effective
implementation. Further, the court asserted that if the guidelines are not complied with,
then the aggrieved persons or the victim could approach the High Courts. Today, the
creation of a hostile working environment and unconsensual advances or requests of a
sexual nature both amount to sexual harassment.

Purpose
This handbook has been created to cater to all workplaces, institutions, and organizations. Its purpose is to
offer a fundamental comprehension of sexual harassment within work environments. Furthermore, it aims to
provide Internal Complaints Committees and Local Complaints Committees (referred to as Complaints
Committees) established under the Act with accessible and user-friendly information about sexual harassment.
The handbook covers what is expected from Complaints Committees in terms of addressing complaints, as
well as the inquiry process and the desired outcomes.

Justice Verma Committee Report

Constituted on December 23, 2012, three member Committee headed by Justice J.S. Verma, former
Chief Justice of the Supreme Court, recommended amendments to the Criminal Law so as to
provide for quicker trial and enhanced punishment for criminals accused of committing sexual
assault against women.The relevant recommendations vis a vis instances of sexual harassments in
the workplace are:

● Domestic workers should be included within the purview of the Bill.

● Under the Bill the complainant and the respondent are first required to attempt conciliation.
This is contrary to the Supreme Court judgement in Vishakha vs. State of Rajasthan which
aimed to secure a safe workplace for women. The employer should pay compensation to
the woman who has suffered sexual harassment.
● The Bill requires the employer to institute an internal complaints committee to which
complaints must be filed. Such an internal committee defeats the purpose of the Bill and
instead, there should be an Employment Tribunal to receive and adjudicate all complaints .

SEXUAL HARASSMENT AT WORKPLACE

Forms of Sexual Harassment at Workplace Sexual Harassment has traditionally been divided into
two well-known forms:

● Quid pro Quo;

● Hostile work environment

i.Quid Pro Quo - literally means ̳this for that . Applying this to sexual harassment, it means seeking
sexual favours or advances in exchange for work benefits such as promises of promotion, higher
pay, academic advancements etc. This type of sexual harassment mostly holds a woman to ransom
as her refusal to comply with a ̳request‘ can be met with retaliatory action such as dismissal,
demotion, memos, tarnished work record and difficult work conditions.

ii.Hostile work environment - is a less clear yet more pervasive form of sexual harassment. It
commonly involves conditions of work or behaviour towards a female worker, which make it
unbearable for her to be there. While the worker is never promised or denied anything in this context,
unwelcome sexual harassment occurs simply because she is a woman

Impact and Consequences

While it was being increasingly found difficult to find any legal remedy against such sexual overtures,
nobody could deny the ill effects they cause on overall work atmosphere and productivity of any 10
organization. The menace was causing innumerable incidents of harassment also in the
unorganized sectors. Any workplace coming under the grip of this growing evil had cumulative
effects on the whole organization; its impact on individual women was multiple and added up to
losses for the organization as a whole. Whenever sexual harassment had become so unpleasant and
make a worker‘s life miserable, she would seek redressal under the extant law such as Section 354
(outraging of modesty) or Section 509 (insulting of modesty) of the Indian Penal Code, 1890. She
would also seek alternative employment. The employer would on its part, incur significant costs in
defending its image and in finding suitable replacements for both the errant and the harassed
members of its workforce. Generally, therefore, it had been in the interest of employers that the
working environment provides that the workers are treated with dignity.

Looking from the angle of human resources, sexual harassment causes a range of ill effects like:

➔ Self-blame and guilt;

➔ Insomnia or other sleep disturbances;
➔ Depression;
➔ Anxiety, fear, decreased interest in work;
➔ Restlessness, uncertainty about future;
➔ Physical or emotional withdrawal from friends, family and co-workers and so on.

The stakeholders in incidents of sexual harassments are A.The individual B.The organisation

The consequences of workplace harassment for the organisation include:

● Reduced productivity and heightened team conflicts.

● Decline in achieving financial goals due to team conflicts.
● Decreased job satisfaction.
● Loss of valuable staff and expertise due to resignations to avoid harassment or the need to
terminate employees accused of harassment. Additionally, students may leave school to
escape harassment.
● Decreased productivity and increased absenteeism among staff or students experiencing
harassment.
● Increased healthcare costs and sick pay expenses resulting from the health consequences
of harassment.
● Erosion of ethical standards and discipline within the organization as employees and/or
students lose respect and trust in their superiors who engage in or turn a blind eye to sexual
harassment.
● Damage to the company's or school's reputation if the problem is disregarded.

SEXUAL HARASSMENT IS A SUBJECTIVE EXPERIENCE

In 2010, the High Court of Delhi endorsed the view that sexual harassment is a subjective
experience and for that reason held “We therefore prefer to analyze harassment from the
[complainant’s] perspective. A complete understanding of the [complainant’s] view requires... an
analysis of the different perspectives of men and women. Conduct that many men consider
unobjectionable may offend many women... Men tend to view some forms of sexual harassment as
“harmless social interactions to which only overly-sensitive women would object. The
characteristically male view depicts sexual harassment as comparatively harmless amusement. ...
Men, who are rarely victims of sexual assault, may view sexual conduct in a vacuum without a full
appreciation of the social setting or the underlying threat of violence that a woman may perceive.”

Dr. Punita K. Sodhi v. Union of India & Ors. W.P. (C) 367/2009 & CMS 828, 11426/2009 On 9
September, 2010, in the High Court of Delhi
 ● Potential legal costs if complaints are ignored and individuals take legal action.(Source:
Boland 1990)

PREVENTION AND PROHIBITION

A basic requirement of any workplace is to know who is both responsible and accountable
to prevent workplace sexual harassment in compliance with the Act, i.e., the preventative
authorities.

Employer

According to the Act, an employer refers to:

1. The head of the department, organisation, undertaking, establishment, enterprise,

institution, office, branch or unit of the Appropriate Government or local authority or such
officer specified in this behalf. 2. Any person (whether contractual or not) responsible for the
management, supervision and control of a designated workplace not covered under clause
(i) of the Act

3. A person or a household who employs or benefits from the employment of domestic

worker or women employees

Appropriate Government

As per the Act, Appropriate Government means:

i. In relation to a workplace which is established, owned, controlled or wholly or substantially

financed by funds provided directly or indirectly— a. By the Central Government or the
Union Territory administration, the Central Government; b. By the State Government, the
State Government;

ii. In relation to any workplace not covered under sub-clause (i) and falling within its
territory, the State Government.

District Officer

State Governments will notify a District Magistrate/Additional District Magistrate/ Collector/

Deputy Collector as a District Officer at the local level. The District Officer will be
responsible for carrying out the powers and functions under the Act at the district levels
(including every block, taluka, tehsil, ward, and municipality).

Responsibilities of the Authorities

Under the law the employer/DO is obliged to create a workplace free of sexual harassment. It is the
responsibility of the Employer/District Officer in general to:

1. Create and communicate a detailed policy

2. Ensure awareness and orientation on the issue

3. Constitute Complaints Committee/s in every workplace and district so that every working woman
is provided with a mechanism for redress of her complaint(s)

4. Ensure Complaints Committees are trained in both skill and capacity

5. Prepare an annual report and report to the respective state government

6. The District Officer will also appoint a nodal officer to receive complaints at the local level.

Complaint Committee Mechanisms

The Act provides for two kinds of complaints mechanisms: Internal Complaints Committee (ICC)
and Local Complaints Committee (LCC). All Complaints Committees must have 50 per cent
representation of women. ICC or LCC members will hold their position not exceeding three years
from the date of their nomination or appointment.

1) Internal Complaints Committee (ICC) Every employer is obliged to constitute an ICC through a
written order. The ICC will be composed of the following members

[TABLE ON PAGE 20 OF HANDBOOK]

2) Local Complaints Committee (LCC) The District Officer will constitute an LCC in every district so
as to enable women in the unorganised sector or small establishments to work in an environment
free of sexual harassment. The LCC will receive complaints:

● From women working in an organisation having less than 10 workers

● When the complaint is against the employer himself
● From domestic workers

[ TABLE ON PAGE 21 HANDBOOK]

3) External Members on the Complaints Committee/s The Act refers to external members, which
generally means persons who have expertise with the issue of sexual harassment. Given the largely
intangible nature of workplace sexual harassment, there are a range of complexities involved in
responding effectively to workplace sexual harassment complaints. For this reason, external third
party/ members on the Complaints Committee/s (from civil society or legal background) should
possess the following attributes:

● Demonstrated knowledge, skill and capacity in dealing with workplace sexual harassment
issues/complaints
● Sound grasp and practice of the legal aspects/implications. Such expertise will greatly
benefit Complaints Committees in terms of fair and informed handling of complaints to lead
to sound outcomes. These external third party members shall be paid for their services on
the Complaints Committees as prescribed

CREATING AND MAINTAINING A SUSTAINABLE INCLUSIVE WORKPLACE

ENVIRONMENT
The Constitution of India provides equal rights and opportunities for women; but in practice
women employees face various problems like lack of safety, sexual harassment from
superiors and colleagues etc. This is prevalent in unorganised sectors, as well as in
organised sectors. In face of the growing economy and increase in women in the formal
economy against traditional gender roles, statistics of harassment at work are set to rise
unless clarity, awareness and education regarding such are achieved at the workplace

Patriarchal values and attitudes of both men and women pose the greatest challenge in
resolution and prevention of sexual harassment. Sexual Harassment at workplace is an
extension of violence in everyday life and is discriminatory, exploitative, thriving in
atmosphere of threat, terror and reprisal. As always, preventing any kind of violence or
harassment tendencies in a person is a job which starts at home and school during his/her
upbringing. However, in addition to these, strict guidelines and awareness programs in the
workplace are also essential to keep the workplace environment progressive, comfortable
and free.

The setting up of a complaints committee and an anti-sexual harassment policy lays a

strong foundation for a workplace free of sexual harassment. The training programme is the
best way to ensure proper understanding and implementation of the policy. It is the best
forum to communicate to employees what behaviour is acceptable and what is not, in a
non-threatening atmosphere of mutual learning. Even mild to moderate sexual jokes or
statements can create an atmosphere of hostility that will make some employees
uncomfortable, and could lead to the creation of a hostile work environment. Perceptions
sexual harassment, impact of sexual harassment on individuals and workplace, why and
how to prevent it and the policy and complaints mechanism should be understood by all
members of KSLSA to sustain a healthy service-oriented environment.

In addition to the statutory and organisational rules, further steps must be taken regarding
such rules by the relevant authorities in KSLSA to effectively resolve complaints of
discrimination and harassment once reported. The following are essential to consider when
attempting to resolve such an incident:

Investigate Promptly. Do not delay - as soon the complaint is reported, begin to

investigate. All complaints must be taken seriously, no matter how trivial they may appear
from the outset.

Select an Investigator. Select an individual, usually an HR professional, who is well-versed

in handling discrimination or other employee complaints, to investigate. Selection of a third-
party investigator such as outside counsel or a consulting firm may be appropriate
depending on the severity of the alleged incident, if an employee levels discrimination
charges against a high-level official within the organisation, and/or if the employee decides
to publicise the complaint.

Conduct Interviews and Review Evidence. Conduct the appropriate interviews and
review documents. Start with the complaining employee, and inform him or her that the
complaint is being taken seriously. Encourage the employee to be open and honest about
the events surrounding the complaint so that a fully informed decision can be made. Next,
interview the alleged wrongdoer and obtain his or her version of the events. Finally,
interview any other employee that could assist in determining whether any discrimination
occurred. Also review any relevant documents, such as emails between the employees.

Consider Confidentiality. Inform the complaining employee and other interviewed

employees that, to the extent possible, steps will be taken to ensure confidentiality and to
protect against unnecessary disclosures. Communications made to others should be made
on a limited need to know basis.

Prevent Retaliation. Make sure that the complaining employee is not retaliated against
under any circumstances. Employers must be aware that unlawful retaliation extends
beyond standard adverse personnel decisions such as terminations, demotions and salary
reductions, and includes any action that would have dissuaded a reasonable person from
having complained in the first place. Further, unlawful retaliation may occur even if no
discrimination did, and it is not uncommon for an employer to prevail on a discrimination
claim, only to lose on a retaliation claim.

Document the Investigation. The investigator should take detailed notes during the
interviews. Document each and every step taken to conduct the investigation, including who
was interviewed, when and where, and who was present for the interview. Identify any
documents (including emails) reviewed as part of the investigation. Prepare a report
summarising the findings from the investigation and recommending proposed disciplinary
actions. If no disciplinary action is warranted, state the reasons why.

Take Appropriate Disciplinary Action. When the investigation is complete, inform the
participants, and immediately take the appropriate disciplinary action against the alleged
wrongdoer. The type of disciplinary action will always depend on the circumstances,
including the severity of the action, and may range from further anti discrimination training
or counselling, to a warning or suspension, or even termination. Even if an investigation
proves inconclusive, additional anti discrimination training or counselling may be warranted.

In addition o being aware of and conforming to all the relevant laws and KSLSA policies, ll
employees must also attend regular training programs on the prevention of sexual
harassment in the workplace, including training for new employees, management training,
etc. Such training programs must be available online and on site. The trainees discuss
circumstances which may be deemed as sexual harassment so as to achieve the following
objectives:

1. Understand what behavior constitutes sexual harassment

2. Learn the impact of sexual harassment on the company and employees
3. Consider and understand how to prevent sexual harassment and
4. Understand how to deal with sexual harassment.

The training for managers not only covers the polices, but also includes how to deal with
and investigate reports. The training emphasizes that before the first sexual harassment,
even if the motive is friendly, the other party will feel uncomfortable, because different
people have different feelings for the same behavior. Don’t assume that your behaviour is
acceptable to the other party, nor take for granted that you have established a good relation
with the other party. Before exercising sexual harassment for the second time, you should
know that due to subordination and other relations that may bear an impact, the other party
normally would not reject explicitly. Therefore, once you know that your behaviour is
unwelcome to the other party, stop it immediately.
REDRESS

Generally, where there are less than ten workers, any woman employee can complain to
the Local Complaints Committee with the support of the Nodal Officer, when required. It is
the responsibility of the District Officer to designate a person as the Nodal Officer in every
block, taluka and tehsil in rural or tribal areas and wards or municipalities in the urban
areas, to receive the complaints of workplace sexual harassment from women. The Nodal
Officer will forward all such complaints within seven days of its receipt to the concerned
Complaints Committee for appropriate action. In most other workplaces, a woman
employee can make a complaint to the Internal Complaints Committee.

WHAT SHOULD THE COMPLAINT CONTAIN?

The written complaint should contain a description of each incident(s). It should include
relevant dates, timings and locations; name of the respondent(s); and the working
relationship between the parties. A person designated to manage the workplace sexual
harassment complaint is required to provide assistance in writing of the complaint if the
complainant seeks it for any reason

WHAT CAN AN EMPLOYEE/WORKER EXPECT?

When it comes to redress for workplace sexual harassment, employee/worker has a right to
expect -a trained, skilled and competent Complaints Committee, a time bound process,
information confidentiality, assurance of non-retaliation, counselling or other enabling
support where needed and assistance if the complainant opts for criminal proceedings.

RIGHTS OF THE COMPLAINANT

• An empathetic attitude from the Complaints Committee so that she can state her
grievance in a fearless environment

• A copy of the statement along with all the evidence and a list of witnesses submitted by
the respondent

• Keeping her identity confidential throughout the process

• Support, in lodging FIR in case she chooses to lodge criminal proceedings

• In case of fear of intimidation from the respondent, her statement can be recorded in
absence of the respondent

• Right to appeal, in case, not satisfied with the recommendations/findings of the Complaints
Committee

4.3 B. RIGHTS OF THE RESPONDENT

• A patient hearing to present his case in a non-biased manner

• A copy of the statement along with all the evidence and a list of witnesses submitted by
the complainant

• Keeping his identity confidential throughout the process

• Right to appeal in case not satisfied with the recommendations/findings of the Complaints
Committee

KEY RESPONSIBILITIES

To effectively address workplace sexual harassment complaints, a Complaints Committees

must first be aware of their key responsibilities, some of which are highlighted below:

1. Be thoroughly prepared

2. Know the Act, Policy and/or relevant Service Rules

3. Gather and record all relevant information

4. Determine the main issues in the complaint

5. Prepare relevant interview questions

6. Conduct necessary interviews

7. Ensure parties are made aware of the process and their rights/responsibilities within it

8. Analyse information gathered

9. Prepare the report with findings/recommendations

KNOWLEDGE, SKILLS, TRAINING

Dealing with workplace sexual harassment complaints is often complex. Hence Complaints
Committee/s must possess critical skills/capacity to effectively carry out their role. That
includes a sound grasp of the Act, Vishaka Guidelines, applicable Service Rules, relevant
laws and an understanding of workplace sexual harassment and related issues. Complaints
Committee skills must include an ability to synthesise information i.e. relevant documents,
the law and interviews. They should also be able to communicate effectively, write clearly,
listen actively and conduct interviews. They should be competent at showing empathy,
being impartial and being thorough. They should be able to identify sexual harassment and
its impact.

A Complaints Committee/s is required to be trained in both skill and capacity to carry out a
fair and informed inquiry into a complaint of workplace sexual harassment. An absence of
such training will lead to unequal and unfair results, which can cost employers, employees,
complainants as well as respondents.

NON-NEGOTIABLES DURING THE INQUIRY PROCESS

During a redress process the Complaints Committee/s are required to assure

confidentiality, nonretaliation and recommend interim measures as needed to conduct a fair
inquiry

THE PROCEDURE

(i) Step 1 - Woman's Statement

In a regular disciplinary inquiry, the disciplinary authority or inquiry authority prepares

specific charges of misconduct based on Rule 14(3) of the CCS CCA Rules, 1965.
However, in cases of sexual harassment at the workplace, there are two parties involved:
the aggrieved individual and the respondent. Therefore, the woman's complaint itself can
serve as the statement of misconduct or misbehavior.

(ii) Step 2 - Charges

According to the CCS CCA Rules, the complaint itself can be treated as the chargesheet,
but there is no restriction on creating a separate chargesheet based on the complaints. The
purpose of framing charges is to provide the respondent with clear, unambiguous, and
precise notice of the allegations against them. This allows the respondent an opportunity to
defend themselves. The formulation of charges not only aids the committee in decision-
making but also assists the court in focusing on the relevant legal and factual aspects
during appeals.

(iii) Step 3 - Respondent's Written Statement

Sometimes, members of the complaint committee may be unfamiliar with legal procedures,
leading to uncertainty about communicating the charges to the respondent. However, the
principle of natural justice dictates that no person should be condemned without being
heard and that justice should be done and appear to have been done. Consequently, the
respondent should be provided with a copy of the complaint, charges, statement of
misconduct or misbehavior, and a list of relevant documents and witnesses.

Note:

It is important to remember that the respondent also possesses rights and is presumed
innocent until proven guilty. They are entitled to due process, fair treatment, and access to
procedures consistent with the principles of natural justice. These rights cannot be forfeited,
regardless of the severity of the alleged misconduct. Therefore, the respondent should be
given a specific timeframe to respond, submit a written statement in their defense, and
indicate whether they wish to be heard in person. Implicit in this process is the respondent's
right to:

(a) Be aware of the charges

(b) Review the documents

(c) Know the evidence

(d) Cross-examine witnesses

(e) Present their own evidence

(iv) Step 4 - Plead Guilty or Innocent

Upon receiving the respondent's written statement of defense, two possibilities arise:

1. The respondent admits to the charges against them.

2. The respondent does not admit to the charges.

In the first case, where the respondent admits to the charges in their written statement of
defense, Rule 14(5)(a) of the CCS (CCA) Rule states that the complaints committee shall
record its findings on each charge after considering the evidence and proceed accordingly.

If no written statement of defense is submitted by the government employee, the complaints

committee may conduct an inquiry into the charges themselves.
A situation may occur where the respondent, despite not admitting to the charges in their
written statement or not submitting any written statement, pleads guilty upon appearing
before the inquiry committee. In such a scenario, the inquiring authority will document the
plea, sign the record, and obtain the respondent's signature.

If the respondent does not admit to the charges, a mandatory inquiry must be conducted.
Under Rule 14 of the CCS CCA Rules, 1965, proceedings initiated cannot be concluded by
imposing minor penalties without considering the defense presented by the accused officer.
It is necessary to conduct a formal inquiry before determining the appropriate penalty.

(v) STEP 5 - Respondent's Non-Cooperation

If the respondent fails to appear before the complaints committee within the given time
frame, neglects to plead or provide evidence, the case will be adjourned to a later date, not
exceeding thirty days (Rule 14(11)(i)(ii)(iii)). If the respondent continues to be absent, fails
to provide a written defense, or refuses to cooperate with the complaints committee, the
committee may reach a decision based on the available records (Rule 14(20)). The
Guidelines also state that if it is deemed impractical to hold an inquiry, the disciplinary
authority may take action without one. Instances where the accused threatens or intimidates
witnesses may be considered sufficient grounds to proceed without an inquiry. The rules
specify that the respondent must be given three opportunities for ex-parte proceedings.

(vi) STEP 6 - Examination of Witnesses and Documents

Once the written submissions of both parties, the aggrieved woman and the respondent, are
complete, on the scheduled inquiry date, oral and documentary evidence will be presented,
witnesses will be examined, and cross-examination may take place. The complaints
committee may ask relevant questions to the witnesses as deemed appropriate. The
guidelines also state that the charged officer must have the opportunity to cross-examine all
witnesses presented by the prosecution. Failure to provide this opportunity may invalidate
the inquiry. If the complainant is called as a witness, she will also be examined and cross-
examined. The inquiry officer has the authority to disallow offensive, indecent, or annoying
questions to the witnesses, including the complainant. The committee must be mindful of
the secretive, private, and insidious nature of sexual harassment, considering that the
aggrieved woman may not always have direct or corroborative evidence. The committee
should:

● Prohibit any evidence or examination related to the aggrieved woman's character,

personal life, conduct, personal and sexual history.
● Consider the respective socio-economic positions of the parties, their hierarchy
within the organization, and the power dynamics when evaluating the evidence.
● Disallow any questions that are derogatory, irrelevant, or defamatory towards the
aggrieved woman.

To prove the charges, the aggrieved woman and supporting witnesses should be examined
first. Although credible evidence provided solely by the aggrieved woman may be sufficient
to find the respondent guilty, having corroboration is preferable. However, there is no rule
mandating corroboration to establish the respondent's guilt. Due to the personal nature of
sexual harassment offenses, witnesses are often scarce to provide evidence on behalf of
the victim.

OPTIONAL STEP - Final Written Briefs

After the completion of evidence presentation, the inquiring authority may allow the
aggrieved woman and respondent to file written briefs if they wish to do so (Rule 14(19)).
(viii) OPTIONAL STEP - Interim measures, where necessary

The committee has the authority to issue temporary orders, as stated in the 2013 Act, upon
the request of the aggrieved woman or any supporting witness. These interim measures
aim to ensure the safety of the complainant and witnesses by implementing actions such as
transfers, shift changes, granting leave to protect them from victimization, discrimination,
mental or physical distress, and any other necessary measures. The recent guidelines from
the Department of Personnel & Training (DoPT) also state that a government servant
accused of sexual harassment may be suspended before or after the issuance of a charge
sheet if their continuation in office could jeopardize the investigation or if there is a concern
about tampering with witnesses or documents. Suspension may also be considered if the
government servant's presence in office would be against the wider public interest, such as
in cases of public scandal where it is necessary to demonstrate the government's strict
stance against officers involved in such scandals. Additionally, suspension may be
appropriate in cases involving moral turpitude or misdemeanors.

C. THE INQUIRY REPORT

After the conclusion of the inquiry, the next step involves preparing the inquiry report. The
complaints committee is responsible for drafting an inquiry report that includes the charges,
statements of misconduct or misbehavior, the respondent's defense, an assessment of the
evidence, and findings on each charge supported by reasons. The purpose of the inquiry
report is to provide an impartial and professional assessment of the sexual harassment
incident, including its impact on the workplace, the risk of re-offending, necessary
interventions to reduce the risk, and most importantly, it serves as the basis for taking
disciplinary or punitive action against the respondent.

In simple terms, the inquiry report presents accurate facts of the case after conducting a fair
and impartial inquiry in accordance with the prescribed procedure. The report should clearly
state the reasons for either favoring the complainant or refusing to grant relief. The ICC
must perform several functions before recording its conclusion in the form of a report:

➔ Gather all supporting documents for the charges and defense.

➔ Record the oral testimonies of the complainant, respondent, and defense witnesses,
subjecting them to cross-examination.
➔ Examine the respondent after recording the evidence to seek clarifications.
➔ Analyze the recorded evidence to make a proper assessment of its impact.
➔ Prepare a well-reasoned report of the inquiry, providing decisive findings on whether
the charges are proved or not.

(i) Status of Inquiry Report

According to the Supreme Court's clarification in the case of Medha Kotwal Lele, the
Committee, serving as a redressal mechanism for sexual harassment complaints, is
considered an inquiry authority under the CCS (CCA) Rules. Hence, the Committee's report
is treated as an inquiry report under these rules, and the disciplinary authority will act upon
it.

(ii) Findings

The Inquiry Report may include the following types of findings:

1. Charges are proved: The report should recommend appropriate action as per the
service rules against the respondent and may suggest deducting an amount from the
respondent's salary as compensation for the aggrieved woman.
 2. Allegations not proved: In this case, no further action may be required, but the ICC
can recommend steps for the employer to create a gender-friendly environment and
take corrective measures.
3. Complaint is malicious: If the complaint is found to be malicious, appropriate action
may be taken against the aggrieved woman as per the service rules.

(iii) Format

An Inquiry Report represents the committee's ultimate opinion after considering the
evidence and arguments presented. It serves to settle the dispute brought before the
committee by the aggrieved woman. The recommended essentials for the report are as
follows:

(a) Title Page:

The title page should clearly state the names of the parties and assign a serial number to
the case being decided. It should also include the date of the complaint at the top of the
report, along with any relevant reference number. The names of the Internal Complaints
Committee members, their titles, and designations should be mentioned. The title page
serves to identify the matter to which the inquiry report pertains and by whom it has been
decided. The date of delivery of the inquiry report should also be mentioned.

(b) Nature of Allegation:

The report should begin by stating the nature of the allegation, followed by background
information and statements from both the aggrieved woman and the respondent. The
Presiding Officer should ensure that all relevant facts are noted without repetition or
inclusion of unnecessary details.

(c) Respondent's Defense:

The respondent's defense should be accurately recorded as presented before the ICC,
without any editing or modification.

(d) Charges and Points for Determination:

The Presiding Officer should proceed to address the charges in the order they were framed.
Findings should be recorded charge-wise, discussing the arguments of each party with
reference to their relevant evidence. The Presiding Officer should provide their own reasons
and logical basis for the findings on each charge, rather than solely accepting or rejecting
one party's case. Findings on each point should be cohesive and interconnected.

(e) Reasons:

Findings recorded by the Presiding Officer on the charges, whether in favor of or against
any party, should be supported by clearly explained reasons. Parties have the right to
understand the basis and rationale for the decision, and reasons are essential for potential
appeal processes. Providing reasons is an integral part of the principles of natural justice
and inherent in the right of appeal. Simply stating "dismissed" or "allowed" without
explaining the reasoning is insufficient. The Inquiry Report's significance lies in the reasons
it contains.

(f) Conclusion and Recommendations for Corrective Action:

The conclusion and recommendations for corrective action form the operative part of the
Inquiry Report. This section determines whether sexual harassment occurred and provides
a rationale for any recommended disciplinary action. If disciplinary action or termination is
warranted, the Presiding Officer should ensure that the recommendation is appropriate,
reflects the seriousness of the offense, and is not reactionary.

(g) Recommended Disciplinary Action:

Upon completion of the inquiry, the Committee must determine the recommended
disciplinary action against the respondent. A balanced approach is necessary to ensure that
the aggrieved woman does not suffer adverse consequences while considering that a
finding of misconduct does not automatically justify termination. Factors such as the severity
of misconduct, the employee's work history, mitigating circumstances, human rights
defenses, contravention of policies or agreements, and the impact of termination versus
retention should be reviewed. The recommended penalties range from "censure" to
"dismissal" as per the CCS (CCA) Rules, 1965.

(h) Signature:

The end of the Inquiry Report should include the signatures of the Presiding Officer and all
Committee members. Each person's typed written name, along with their designation and
date of signing, should be enclosed in brackets.

(iv) Time Frame:

The Sexual Harassment Act of 2013 sets a strict time frame of 90 days for completing the
inquiry, acknowledging the need to avoid undue delays and ensure proper disposal of cases
in government settings.

D. Submission of Inquiry Report to Employer after the Inquiry

Upon the completion of an inquiry under the 2013 Act, as stated in Section 13, it is
mandatory for the Internal Committee to submit a report of its findings to the employer
within ten days from the date of inquiry completion. Additionally, the Inquiry Report must be
provided to both the aggrieved woman and the respondent.

If the committee finds that the allegations have been substantiated, it should recommend to
the employer to take appropriate action for sexual harassment as a misconduct, following
the provisions of the applicable service rules. Alternatively, the committee may suggest
deducting an appropriate amount from the respondent's salary or wages to be paid to the
aggrieved woman.

In the unfortunate event of the aggrieved woman passing away during the inquiry, her legal
heirs are entitled to receive the compensation amount recommended by the committee.

E. Imposition of Penalties

In most cases, the authority to impose major penalties lies with the Appointing Authorities,
considering Article 311, Clause (1). This clause states that no authority subordinate to the
appointing authority can dismiss or remove someone from service. Therefore, upon
receiving the inquiry report, the Appointing Authorities, who are also disciplinary authorities
in the government, must impose the recommended penalty on the respondent within the
specified time frame.
F. Compensation

The purpose of compensation is to restore the aggrieved woman to the extent possible,
placing her in the position she would have been in had the sexual harassment not occurred.
Sexual harassment is acknowledged as a form of discrimination, and the law entitles the
aggrieved woman to compensation for the consequences of such discriminatory actions.
Section 15 of the Act outlines the factors considered by the committee in determining the
compensation amount, including the mental and emotional suffering endured, loss of career
opportunities, medical expenses incurred, the respondent's income and financial status, and
the feasibility of lump sum or installment payments.

G. When Sexual Harassment Amounts to a Criminal Offence

If the act of sexual harassment constitutes a specific offense under the Indian Penal Code
or any other law, it becomes the responsibility of the Internal Committee (ICC) to promptly
inform the complainant of her right to initiate legal action with the appropriate authority. The
ICC should provide advice and guidance in this regard, emphasizing that such action or
proceedings initiated would be in addition to the proceedings initiated and/or actions taken
under the Act by the ICC.

In conclusion, the Act places a significant responsibility on the Internal Committee (ICC) to
conduct a thorough inquiry into complaints of sexual harassment. Considering the amended
CCS CCA Rules 1965, which outline the inquiry procedure in government offices, including
the recording of statements, articles of charges, written statements from respondents,
examination of witnesses and documents, it is evident that conducting an effective inquiry
plays a crucial role in creating a safe and enabling work environment for women. The
members of the ICC share the responsibility not only for providing relief to the aggrieved
woman but also for preventing and eliminating sexual harassment in the workplace.

GLOBAL NORMS AND GOOD PRACTISES

1.1 Global Norms set by the United Nations

In June 2019, during the Centenary Conference of the International Labour Organization (ILO), the
Violence and Harassment Convention (No. 190) and its accompanying Recommendation (No. 206)
were approved. The global community has made a clear stance against tolerating violence and
harassment in the workplace, emphasising the need to eliminate such behaviours. These significant
measures were formulated through collaboration among representatives from governments,
employers, and workers, aiming to establish a comprehensive framework that addresses and
prevents violence and harassment, with a focus on inclusivity, integration, and gender
responsiveness.

The Convention acknowledges the right of every individual to a work environment that is free from
violence and harassment, including instances that are based on gender. It provides wide-ranging
protection, extending its scope to both public and private sectors, formal and informal economies,
and urban and rural areas. The Convention defines violence and harassment as a variety of
unacceptable behaviours, practices, or threats that can lead to physical, psychological, sexual, or
economic harm, explicitly encompassing gender-based violence and harassment. Gender-based
violence and harassment, in turn, are described as acts directed at individuals due to their sex or
gender, or that disproportionately affect individuals of a specific sex or gender, and this definition
includes sexual harassment (Article 1(1)).
Sexual harassment is a pervasive issue that undermines workplace equality. Its consequences can
negatively impact victims' wages, career advancement, and working conditions, potentially driving
individuals away from employment. While sexual harassment can affect anyone, it disproportionately
affects women and reinforces stereotypes regarding their capabilities and aspirations. It also
contributes to fewer women entering or remaining in the labour market, leading to a gap in labour
force participation, and perpetuates the gender pay gap by resulting in women being paid less than
men

1.1a Understanding the nature of victims subject to workplace sexual harassment

Sexual harassment has the potential to affect any individual in professional settings.Although SH is a
global phenomenon, it also is a highly contextualized one, with local and institutional norms
influencing the ways in which harassment behavior manifests 1Nonetheless, it frequently stems from
an abuse of authority and instances that are brought to light typically involve women as victims and
men as perpetrators. Moreover, women belonging to certain marginalised groups, including those
with limited socio-economic status, indigenous women, women from ethnic minorities, lesbian,
bisexual, trans2, or gender non-conforming women, women who are migrant workers, women with
disabilities, and young women, may encounter specific forms of sexual harassment. This is because
their experiences are influenced by a combination of various factors or circumstances that intensify
the likelihood of violence and harassment.

1.1b Sexual harassment and Convention No. 190 and Recommendation No. 206

Article 7 of the Convention No. 190 includes sexual harassment as a subset of gendered
harassment, and requires Members to define and prohibit it in clear terms.The prohibition of sexual
harassment is being increasingly implemented by states in various areas of law, including labor.
Article 5 and 6 of the Convention emphasizes the importance of upholding fundamental principles
and rights at work, such as non-discrimination, to prevent and address violence and harassment. It
stresses the need for specific measures to address gender-based violence and harassment,
including workplace risk assessments that consider discrimination, abuse of power, and societal
norms that support such behaviors. The Convention also calls for accessible and gender-responsive
complaint and resolution mechanisms, support services, and remedies for victims. The
Recommendation provides further details on the support and services, including assistance for
victims to reintegrate into the labor market, counseling, and information services.

Although sexual harassment remains widely tolerated in the workplace, the Convention recognizes
the need for societal change by addressing the root causes and risk factors of gender-based
violence. These include gender stereotypes, intersecting discrimination, and unequal power
relations.(Art. 9 C190 and Para. 8 R206) Workers, employers, and their organizations are essential
in fostering respectful and gender-responsive workplace cultures through legislation, collective
agreements, awareness-raising, and training. These efforts aim to dismantle the climate of impunity
and sexism surrounding sexual harassment while providing support to victims.

1.2 Global norms set by the ILO

1 4 “Trans” is an umbrella term that refers to “people whose gender identity and/or gender expression
differ from the sex/gender they were assigned at birth”. See: ILGA-Europe. “Glossary”. Available at
www.ilga-europe.org/resources/glossary [16 April 2018].
2 Tyler, A., & Boxer, D. (1996). Sexual Harassment? Cross-Cultural/Cross-Linguistic Perspectives.
Discourse & Society, 7(1), 107–133. https://doi.org/10.1177/0957926596007001005
The International Labour Organization (ILO) has taken various measures to address sexual
harassment. It has developed a range of instruments and engaged in discussions during tripartite
meetings. Additionally, the ILO has conducted research, provided training, and offered information
and technical assistance to its members. Recently, there has been a strong emphasis on the
importance of eliminating sexual harassment and violence in the workplace as a crucial aspect of
promoting decent work for women.3

The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), addresses various
forms of discrimination in employment, including based on sex. It mandates that member states of
the International Labour Organization (ILO) establish and pursue national policies aimed at
promoting equal opportunities and treatment in order to eliminate discrimination. Similar to the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the
Convention No. 111 predates widespread recognition of the issue of sexual harassment.

Consequently, the Committee of Experts on the Application of Conventions and Recommendations

has taken the lead in addressing this issue. In its 1996 Special Survey on Convention No. 111, the
Committee explicitly recognized sexual harassment as a form of sex discrimination against women
in the workplace. The Committee acknowledges that sexual harassment undermines equality,
damages working relationships, and hampers productivity. 4

The International Labour Organization (ILO) has implemented several non-binding instruments that
include provisions regarding sexual harassment in the workplace. The 1985 International Labour
Conference Resolution focused on equal opportunity and treatment for men and women in
employment, recognizing that sexual harassment negatively impacts employees' working conditions,
employment prospects, and chances of promotion. The resolution recommended the inclusion of
measures to combat and prevent sexual harassment as part of equality advancement policies.

Continuing the focus on women workers, the 1991 International Labour Conference Resolution urged
the Governing Body to request the development of guidelines, training programs, and informational
materials addressing issues specifically relevant to women workers, including sexual harassment in
the workplace.

More recently, in November 2003, the ILO's Governing Body adopted the Code of Practice on
Workplace Violence in Services Sectors and Measures to Combat this Phenomenon. Although non-
binding, this instrument provides guidance on addressing workplace violence, including explicit
references to sexual harassment, within the services sectors.In summary, the ILO has established
non-binding instruments over the years that emphasize the significance of addressing sexual
harassment at work and offer guidance on combatting and preventing it, recognizing its detrimental
effects on employees' well-being and professional growth. 5

1.2 Good Practises (Including an analysis of the source of such deviances)

3 The elimination of sexual harassment and violence was identified as a priority gender issue in ILO:
Decent work for women: An ILO proposal to accelerate the implementation of the Beijing Platform for
Action (Geneva, March 2000), paper presented at the Symposium on Decent Work for Women; Women
2000: Gender equality, development and peace for the twenty-first century (New York, 5-9 June 2000).
4 ILO: Equality in employment and occupation: Special survey on equality in employment and occupation
in respect of Convention No. 111 (Geneva, 1996).
5 ILO: Workplace violence in services sectors and measures to combat this phenomenon (Geneva, 2004).
See 4.1.2 (risk assessment).
 1.2a Source of workplace harassment

Sexual harassment doesn’t take place in a vacuum. It is rooted in broader

discrimination, barriers, and biases.6

Scholars generally concur that various societal influences, such as workplace culture and societal
gender norms, significantly contribute to an individual's likelihood of engaging in sexual harassment
(SH) within a specific context. In a study by Pryor and colleagues in 1993, they outlined the traits of
men who were deemed "likely to harass" and observed that these individuals were more prone to
committing SH when it was viewed as a normal behaviour within the workplace. Furthermore, the
likelihood of perpetration increased when there were minimal consequences, particularly when
signals endorsing such behavior were emanating from those in positions of leadership. 7

1.2b Changing the culture of the workplace

Achieving lasting cultural transformation requires a widespread shift in the social norms that have
enabled the persistence of sexual harassment and gender inequality. Deep-rooted attitudes
regarding the perceptions of girls and women by boys and men, as well as self-perceptions of girls
and women themselves, are ingrained from an early age and deeply embedded in society.
Stereotypes, such as portraying boys as strong and intelligent while depicting girls as submissive
and focused on their appearance, are constantly reinforced through various channels like social
media, news coverage, advertisements, and the entertainment industry. These biases have far-
reaching impacts, influencing women's career opportunities, the way they are treated in the
workplace, interactions with strangers in public spaces, and even the expectations placed on them
within their families and homes.
Some of the methods for changing the deeply entrenched culture are through changing laws to
increase penalties,increasing representation of the affected groups,enforcing preventative measures
and providing well researched training to the employees.

1.2.1 Evaluation of sexual harassment training

The purpose of workplace sexual harassment training remains unclear, as there is a lack of
consensus. The US Equal Employment Opportunity Commission (EEOC) reported in 2016 that
despite employers' efforts since the 1980s to mitigate workplace harassment, these endeavours
have often fallen short in terms of effectively promoting employee compliance and making
significant changes to workplace culture. The focus has primarily been on avoiding legal liability
rather than genuinely addressing the issue and fostering a positive work environment.
There is a notable lack of empirical research regarding what has evolved as standardized sexual
harassment prevention training actually has the desired effect of changing abusive workplace
behavior. Questions about the efficacy of sexual harassment training are not new. 8
An improvement in the existing paradigm of the training accorded to the employees needs to consist
of the following features.

● Promoting workplace civility, equality and respect:

Encouraging civility, equality and respect for others as key essential components to achieve
optimum workplace productivity and organizational success recognizes the growing positive
6 Pryor, J. B., LaVite, C. M., & Stoller, L. M. (1993). A social psychological analysis of sexual harassment:
The person/situation interaction. Journal of Vocational Behavior, 42(1), 68–83.
https://doi.org/10.1006/jvbe.1993.1005
7 Klein, J. (2022, November 8). Ending Harassment Culture. Harvard Business Review.
https://hbr.org/2019/10/ending-harassment-culture
8 Bisom-Rapp, S. (2001). Fixing watches with sledgehammers: The questionable embrace of employee
sexual harassment training by the legal profession. University of Arkansas at Little Rock Law Review,
24,147-168
correlations between employee engagement, inclusive cultures and higher productivity, profits,
customer satisfaction, employee retention, innovation, and reduced absenteeism. 9 Fostering civility
can be challenging, particularly in environments that pride themselves on aggressive, disruptive
behavior in the marketplace. Research by Jaing,et al (2014) found that engaged workers in
organizations with high-level anti-sexual harassment practices and who experience few sexual
harassment incidents reciprocate with enhanced commitment and longer retention intentions.
● Bystander Intervention:
The typical workplace sexual harassment training assumes abusive behavior at work is willful,
conscious activity and that people choose to disrespect others due to underlying negative prejudice
or feelings of superiority. Unfortunately, this does not account for the largest group of workers –
those who witness disrespectful behavior and/or workplace harassment, and yet do not act. Martin
Seligman's Learned Helplessness research theorizes the way people perceive an event often
determines its effect on their behavior. This may result in a reduced response initiation and a
difficulty in believing that ones' responses will matter. Diffusion of responsibility occurs when the
more individuals in a group, the less likely individuals are to act because they think the responsibility
rests with others, as famously illustrated by the 1964 Kitty Genovese incident. If an individual sees a
toxic workplace environment as pervasive and beyond their control, their inclination to act
diminishes, learning to react passively in the face of improper behavior. Bystander empowerment
seeks to encourage both men and women to interrupt unacceptable behavior, with a goal of
changing workplace social norms.
● Identifying Unconscious Bias:
Efforts to reduce unconscious bias recognize that prejudices are buried so deeply that individuals
are typically unaware of their existence, and surface without conscious knowledge though
interpersonal interactions. Unconscious (or implicit) bias training teaches employees to be aware of
ingrained biases, to practice strategies for blunting their effects, avoid micro-aggressions, and
mitigate prejudicial actions. Using interactive training in behavioral effectiveness, individuals
become better at exploring differing opinions and points of view. Another goal of increasing
awareness about hidden biases is that if individuals in groups believe that everyone around them is
trying hard to fight stereotypes and prejudices, they will do the same. This approach has already
been adopted by an estimated one quarter of US employers, projected to double by 2020. As recently
illustrated by Starbucks, efforts to raise awareness of unconscious bias and related behaviors is not
just limited to colleagues, but includes customers, clients and users. Having previously only offered
such training to management, Starbucks has embraced the approach for all its 175,000 workers.
Notably, this initiative includes an evaluation component to measure effectiveness, a critical
shortcoming of many employer training programs.
● Increasing Emotional Intelligence:
Numerous research studies support emotional intelligence as a stronger predictor of workplace
performance than cognitive intelligence . 10 Emotional intelligence is about learning to harness the
power of emotions, then directing them in a beneficial way. This approach seeks to increase the
ability to recognize ones’ own emotional state and that of others, and through conscious choices in
social interaction to be more capable in building and sustaining relationships. Being truly conscious
of feelings and better reading of emotional cues limits inadvertent transgressions, thoughtlessness,
and conflicts from inattention and ignorance. Target competencies of such interventions include
increasing empathy, intrapersonal and interpersonal skills, adaptability, and feeling and expressing
positive feelings. Training outcomes include enhanced skills supporting collaboration, open
communication and transparency11, and are transferable to addressing personal reactions to sexual
harassment as well as bystander interventions.

● (More) Effective Communication Skills:

Learning exercises which emphasize improved communication and relational competences like
listening, acknowledgement, transparency and constructive feedback allow managers and co-

9 Kataria A., Rastogi R. & Garg P. (2013) Organizational Effectiveness as a Function of Employee
Engagement. South Asian Journal of Management, 20(4):56-73.
10 Bennett, D. R. (2011). Examining the Relationship Between Emotional Intelligence of Managers and
Organizational Commitment of Subordinates. Northcentral University, ProQuest Dissertations Publishing.
3452478
11 Mayer J.D., Barsade S.G. & Roberts R.D. (2008). Human abilities: Emotional intelligence. Annual
Review of Psychology, 59:507-536.
workers to better appreciate each other as individuals, not as ethnic, race or gender groups. These
aids to understanding create working environments which align with organizational success 12. One
example of an alternative communication model: Is it OK?, represents an approach whereby co-
workers don't assume they know how their actions will be received and ask rather than presume.
This encourages individuals to become more aware about the potential impacts of their conduct and
shows respect for the opinions and reactions of others. It allows everyone to participate in the task
of determining what is acceptable in the workplace, creating a more thoughtful environment where
all are heard and acknowledged

12 Buckner G.E., Hindman H.D. & Huelsman T.J. (2014) Managing Workplace Sexual Harassment: The
Role of Manager Training. Employee Responsibilities and Rights Journal, 26(4):257-278