How to Deal with Sexual Harassments at work By Seher, Mumbai, India
Harassment of women at the workplace is an issue that needs to be dealt with at every level. A majority of women either prefer to be silent on the subject or are ignorant about what constitutes as harassment.
Harassment is of various types and includes sexual overtures and discrimination based on ethnicity, religion, sexual orientation, age, disability or handicap. Even if you do not get pregnancy leave or are glossed over for a promotion during pregnancy, it can constitute as harassment.
Know Your Rights
The National Commission for Women (NCW) a statutory body established in January 1992 under the National Commission for Women Act, (1990) reviews constitutional and legal safeguards for women. As defined by the Supreme Court guidelines, sexual harassment includes such unwelcome sexually determined behavior as:
• Physical contact
• A demand or request for sexual favors
• Sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature, for example, leering, dirty jokes, sexual remarks about a person's body etc.
These guidelines apply to both organized and unorganized work sectors. Remember, any unwelcome action or word that is sexual in nature is sexual harassment.
Sexual harassment in office can be of two types: Quid Pro Quo and hostile working environment.
Quid Pro Quo
In this scenario your colleague or boss may seek a sexual favor or expect you to comply with sexual advances in exchange for something work related. For example, if your boss asks for a sexual favor in return for a promotion, then it is quid pro quo sexual harassment.
This usually occurs when the sexual favor is made a condition for employment or the refusal to comply with such requests is met with a threat of dismissal or demotion or leads to a hostile working condition.
Hostile Working Environment
In this case harassment involves creating an environment through speech or behavior that is hostile for a woman to work in.
For example: sexist comments, brushing past or groping, or showing pornographic or obscene pictures.
Harassment at Workplace
It is sexual harassment if:
• Your boss seeks sexual favors from you in return for a promotion or other benefits or threatens to dismiss you for non-cooperation.
• Your boss or colleague makes intrusive inquiries about your private life or persistently asks you out.
• If your boss or colleague cracks jokes that are vulgar in nature and are meant to embarrass or humiliate you.
Recognizing Sexual Harassment
Ask yourself the following questions:
• Do you consent to the behaviors?
• Does the behavior make you feel uncomfortable?
• Do you feel that your dignity as an individual has been violated?
• Do you think that your right to work in a safe environment has been violated through inappropriate actions?
If you answer no to the first question and yes to the rest, then whatever you are facing is sexual harassment.
Steps to Stop Harassment
Women in India are conditioned to submit and suppress. Most of them fail to recognize it and treat it as routine. Remember! Do not blame yourself for what is happening. And don't ignore the harassment in the hope that it will go away or stop. Your silence will only aggravate matters.
Acknowledge
If you have been subjected to any harassing situation, then speak up. This is the best way to deal with it. In most cases, the perpetrator will stop on knowing that you have the courage to stand up against him and that if need be you can expose him.
Speak Up
If any of your colleagues is bothering you, ask him to stop doing it in a firm tone and with a confident body language. If things still don't work, then threaten to report to your superior. Objecting to the advances as and when it happens will also help you if you were to file charges later. If you don't, it will be taken as an act of consent.
Be Aware
Be aware of situations, places and people. If somebody warns you, don't ignore the signs. Being ready beforehand will help you tackle it.
Keep Records
Keep record of any untoward event such as a photograph, or note the events in a journal or diary. Do not forget to mention in your journal the date, time, place and witness if any. This can come as evidence or proof in the court.
Get a Medical Check-Up
If you have been raped or sexually assaulted, get a medical check up done immediately. Medical diagnosis is a concrete proof of evidence in the court.
Inform Authority
Inform your superior immediately. File a formal complaint if necessary. Most companies have an anti-sexual harassment policy. If your organization doesn't have it, then make them aware and ask them to create the necessary guidelines to create it.
Create a Witness
Get any of your trusted colleagues to be alert towards any incident or speech that is unwelcome. This will come in handy if you decide to approach the law.
If despite your regular reminders or precautions the ground reality does not change, consult a lawyer and then file a formal complaint at the police station. Remember you do not have to put up with any behavior that degrades you as an individual. In fact, before joining any organization, make sure that there are proper anti-sexual harassment guidelines that are followed.
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