A presentation on Sexual Harassment.

1. SEXUAL
HARASSMENT
Prepared by :
PraveenKumar Keskar,
1SY11MBA03
S.I.T PGDMS & RC,
Tumkur.

2. Synopsis
1) Definition
2) Causes
3) Impact
4) Laws
5) Managing Sexual Harassment
6) Companies with Best Sexual Harassment Policies
7) Live Example

3. Definition
“Unwelcome sexual advances, request for sexual favours, and other
verbal or physical conduct of a sexual nature constitute sexual harassment
when this explicitly or implicitly affects an individual’s employment,
unreasonably interferes with an individual work performance, or creates an
intimidating, hostile or offensive work environment”
•U.S. Equal Employment Opportunity Commission

4. Causes of Sexual Harassment
1) Socialisation: The way in which men and women were brought up to
see themselves and others strongly influences their behaviour. Various
viewpoints could create a climate that allows sexual harassment
2) Power games: Some men feel threatened by the career advancement
of women Other men who have recently gained positions of power
(possibly after decades of discrimination) may also try to prove
themselves by harassing women subordinates.
3) Moral values, divorce and cultural differences: The prevalence of
marital stress and divorce in our society cultural differences about what
is, or isn't, acceptable in our rapidly-changing society could make them
vulnerable to sexual harassment.

5. 4) Credibility and victim-blaming: The credibility (The quality of
being believable or trustworthy) of the victim is often called into
question, as it is usually her word against that of the harasser/s.
5) Aggressiveness or bravado: Men in groups often behave
differently from how they would as individuals. This can explain
some of the "gang harassment" that occurs when a woman enters
a plant.
6) Lack of company policy

6. Impact of Sexual Harassment on Job Performance & Individual
1) Loss of confidence in superiors,
2) Deteriorating relationships with co-workers,
3) Increased absenteeism,
4) Increased turnover.
5) Decreases in productivity and worker longevity inevitably lead to
monetary losses for the organization.
6) Costs associated in hiring new employees to replace those who
leave due to sexual harassment experiences.
7) costs associated with litigation regarding sexual harassment,
8) And finally costs required for management and minimization of
damage to organizational reputation through public relations.

7. LAWS ON SEXUAL HARASSMENT
1) Laws under Indian Penal Code (IPC)
i. Section 209: Obscene acts and songs, to the annoyance of
others like: does any obscene act in any public place or sings,
recites or utters any obscene song, ballad or words in or near
any public place.
ii. Section 354: Assault or use of criminal force on a woman with
intent to outrage her modesty. Punishment: 2 years
imprisonment or fine, or both
iii. Section 376: Rape. Punishment: Imprisonment for life or 10
years and fine
iv. Section 509: Uttering any word or making any gesture intended
to insult the modesty of a woman. Punishment: Imprisonment
for 1 year, or fine, or both. (Cognisable and bailable offense)

8. 2) The Indecent Representation of Women (Prohibition) Act (1987)
If an individual harasses another with books, photographs,
paintings, films, pamphlets, packages, etc. containing ‘indecent
representation of women’; they are liable for a minimum sentence
of two years.
3) The prohibition of sexual harassment of women at workplace bill,
2010.
This Act may be called the Prohibition of sexual harassment of
women at workplace bill, 2010. It extends to the whole of India
except the State of Jammu and Kashmir. It shall come into force on
such date as the Central Government may, by notification in the
Official Gazette, appoint.
4) Central Civil Service (Conduct) Rules, 1964

9. Section No: Actions Punishment:
Obscene acts and songs, to the
Imprisonment for a
annoyance of others like: Does
term up to 3 months
any obscene act in any public
209 or fine, or both.
place or sings, recites or utters
(Cognisable, bailable
any obscene song, ballad or
and triable offense)
words in or near any public place
Assault or use of criminal force
2 years imprisonment
354 on a woman with intent to
or fine, or both
outrage her modesty.
Imprisonment for life
376 Rape
or 10 years and fine
Imprisonment for 1
Uttering any word or making any
year, or fine, or both.
509 gesture intended to insult the
(Cognisable and
modesty of a woman
bailable offense)

10. LAWS ON SEXUAL HARASSMENT (Contd….)
Although it is not known to have been used
in cases of sexual harassment, the
provisions of this act have the potential to
be used in two ways: If an individual
harasses another with books, photographs,
paintings, films, pamphlets, packages, etc.,
The Indecent containing ‘indecent representation of
Representatio women’; they are liable for a minimum Minimum
n of Women sentence of 2 years sentence of
(Prohibition) 2 years
Act (1987) A ‘hostile working environment’ type of
argument can be made under this act.
Section 7 (Offences by Companies) - holds
companies where there has been ‘indecent
representation of women’ (such as the
display of pornography) on the premises
guilty of offenses under this act

11. MANAGING SEXUAL HARASSMENT
1) Say “No” Clearly
Tell the person that his/her behaviour offends you. Firmly refuse all
invitations. If the harassment doesn’t end promptly, write a letter
asking the harasser to stop and keep a copy
2) Write Down What Happened
As soon as you experience the sexual harassment, start to write it
down. Write down dates, places, times, and possible witnesses to
what happened. If possible, ask your co-workers to write down what
they saw or heard, especially if the same thing is happening to
them.
3) Report the Harassment
Tell your supervisor, your human resources department or some
other department or to any person within your organization who
has the power to stop the harassment. If possible, tell them in
writing. Keep a copy of any written complaint you make to your
employer.

12. 4) Start a Paper Trail
When you report the sexual harassment to your employer, do it in
writing. Describe the problem and how you want it fixed. This
creates a written record of when you complained and what
happened in response to it. Keep copies of everything you send and
receive from your employer.
5) Use the Grievance Procedure at Work
Many employers and schools have policies for dealing with sexual
harassment complaints. You may be able to resolve the problem
through this process.
6) Involve your Union
If you belong to a union, you may want to file a formal sexual
harassment complaint through the union and try to get a shop
steward or other union official to help you work through the
grievance process.
7) File a lawsuit

13. 8) To have & communicate a Clear Policy: In the employee handbook
or in some other statement of regulations, it’s necessary for all
companies to have a clearly articulated statement about sexual
harassment.
9) Train Employees about what constitutes Inappropriate
Behaviour: Just as employees need to be trained in how to
perform their jobs, they also need to be trained regarding what
constitutes appropriate and inappropriate behaviour toward
others in the workplace.

14. Companies with the Best Sexual Harassment Policies:
1.Ford Motor Company
2.Boston Globe
3.Johnson & Johnson
4.Bayer ( global enterprise with core competencies in the fields of
health care, nutrition and high-tech materials)
5.TATA Power

15. Sexual Harassment at Lowe’s
This is a strange case of equal opportunity sexual harassment at a
Lowe’s in Washington. Two young men and one woman were subjected
to sexual harassment, and in one instance a sexual assault took place.
The female plaintiff (21 at the time) was taken into the office of the 44-
year-old male store manager and allegedly sexually assaulted after
weeks of being subjected to verbal and physical passes. She had also
been propositioned for sex by the same manager after she had received
a promotion. When the victim complained, she was fired along with two
other women who had tried to reach out for help regarding sexual
harassment claims.

16. In 2009, Lowe’s was forced to pay a $1.7 million settlement to the
victims. The EEOC also forced Lowe’s to change its sexual harassment
policies and enforcement.
EEOC Regional Attorney William R. Tamayo had this to say: “No worker,
regardless of gender or other discriminatory factors, should ever have to
endure harassment in order to earn a paycheck.” Lowe’s will now
provide comprehensive training to management, non-management and
all resource employees in sexual harassment awareness and how to do
their part in providing a safe and discrimination-free environment.

17. Bibliography
1) http://www.indianwomenshealth.com/Harassment-Laws-188.aspx
2) http://safedelhi.jagori.org/deal-with-sexual-harassment/legal-
information/
3) http://www.westerncape.gov.za/eng/pubs/guides/S/63925/3
4)http://www.twc.state.tx.us/news/efte/case_studies_in_sexual_harass
ment.html
5) http://www.equalrights.org/publications/kyr/shwork.asp
6) Behavior in Organisations – Greenberg & Baron – PHI Publication –
Ninth Edition – Page No. 483-488