Harassment At The Workplace

Any unwelcome physical or verbal behavior which offends or upsets an employee and creates a hostile and uncomfortable working environment is referred to as workplace harassment or “workplace aggression” and “workplace bullying.” It is important for everyone to be aware and educated about the various forms of harassment so that, in case such a situation arises, they can recognize inappropriate behavior and consequently report it.

TYPES OF WORKPLACE HARASSMENT

1. Verbal Harassment

Mostly arising out of personality conflicts, verbal harassment can manifest as slurs, insults, yelling, demeaning remarks, unwanted and offensive “jokes” and hurtful comments. Such persistent behavior from a colleague threatens the victim’s mental health and career.

As it is a non-physical type of harassment, it can be difficult to recognize and often goes unnoticed. However, it can leave a negative psychological impact on the victim and can make the workplace environment hostile.

 

2. Psychological or Mental Harassment

Although similar to verbal harassment, psychological harassment is more covert and severe. Examples of this type of harassment include excluding the victim from work-related activities, taking credit for their work and achievements, making unreasonable demands, and persistently opposing everything they say.

 

3. Physical Harassment

Physical harassment can prove to be a bit of a grey area since what qualifies as inappropriate may vary from person to person. So, while touching the skin and clothes of a person may be uncomfortable for one person it might not be the same for another. However, more severe forms of physical harassment may manifest as assault, violence, a threat to inflict harm, etc.

Healthcare workers, social services workers, peace officers, and retail workers are some people that may be more susceptible to physical harassment in the industry.

 

4. Discriminatory Harassment

This classification is done on the basis of the intentions of the harasser. If an individual is harassed because they are a certain race, gender, religion, age, sexual orientation or because they suffer from a disability it is known as discriminatory harassment.

 

5. Power Harassment

Harassment that intends to exercise power over its victims is known as power harassment. It occurs in situations of power disparity wherein the harasser is superior to the harassed in the workplace hierarchy.

It is often psychological in nature and may include setting unreasonable and demeaning demands and intrusion into the victim’s personal life.

 

6. Retaliation Harassment

Harassment with the purpose of seeking revenge or retaliation is called retaliation harassment. For example, Person A may threaten Person B because s/he filed a complaint against Person A.

 

7. Third-Party Harassment

Harassment that is perpetrated by a person or “party” outside the organization is called third-party harassment. For example, a retail employee is assaulted by a customer.

 

8. Digital Harassment or Cyberbullying

People tend to be braver behind a screen, which unfortunately means that they are also often meaner. Harassment that takes place in an online or digital space is called cyberbullying. With the advent of social media, it is an ever-increasing threat to the well-being of individuals. It includes posting hurtful comments, spreading rumors, or making a website mock the victim.

 

9. Sexual Harassment

Behavior like inappropriate and unwanted touching, sexual advances, sharing pornography, and vulgar gestures is referred to as sexual harassment.  Although it is a crime committed mostly against women, men may face sexual harassment too. With the #MeToo movement, a large number of people have found the courage to report such instances. Sexual harassment is unlawful and India has strict laws against it. Despite this, a majority of women in India still face the threat of sexual harassment at their workplace. See more.

RECOGNIZING AND REPORTING HARASSMENT

Now that you know what the various types of harassment at the workplace look like, recognizing such behavior around you would be easier. Recognizing and acknowledging that one is being harassed may not be an easy task but it is the first step towards taking any action.

Unfortunately, many people do not report harassment because of fear of repercussions or simply because they do not trust the system to help them. In fact, according to an IndiaSpend survey, 70% of women in India did not report sexual harassment despite a steady increase in the number of cases reported.

To facilitate the reporting of harassment, most companies have a Human Resource department or HR personnel who is responsible for addressing the internal complaints of the employees. It is important to note that you do not always need to be the one harassed for you to report it.

For a person who wishes to report workplace harassment, the following must be kept in mind:

1. Gather Information

The first thing to do would be to seek out information and resources that will help you. Most companies have their own policies against harassment and one should be familiar with these before taking any action. If the company does not have a policy, the next thing to do would be to educate yourself about the laws that protect you. You can also approach counselors and HR professionals to learn more about the procedure. Once you are certain that you want to go ahead with it, file a complaint.

 

2. Maintain a Record

One of the most important steps is to start maintaining a detailed written record of the inappropriate behavior of the harasser. If possible, one should also gather evidence such as any form of written communication like emails and possible eye witnesses. However, a lack of evidence does not mean that you cannot file a complaint. You can also consider getting together with other victims who have gone through a similar experience as yours with the harasser.

 

3. Seek Support from Friends and Family

The procedure might take a toll on your health and well-being. It is therefore important that you reach out to your friends and family and talk to them about the abuse and how you are coping with it. This kind of support will help you move on and focus on making things better.

 

LAWS IN INDIA TO PROTECT FROM WORKPLACE HARASSMENT

 

Indian Labour Laws consider harassment at the workplace a serious offense and protect the interests of employees across all sectors.

The Constitution of India, the Indian Penal Code, the Industrial Employment Standing Orders Act, of 1946, and the Code of Civil Procedure all provide various provisions for a worker in India to seek redressal.

Although harassment is of many types, sexual harassment of women workers is one of the most serious issues in the Indian workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act-2013 safeguards female employees and facilitates a system of investigation and redressal of grievances.

For more information regarding these, please refer to Employers Guide ToCombating Harassment at the Workplace and Facing MentalHarassment from Boss at Workplace Facing Mental Harassment from Boss atWorkplace.

 

PREVENTING HARASSMENT AT THE WORKPLACE

It is the responsibility of the company and the employer to ensure that the workplace is a safe environment and that the rights of the employees are protected. To ensure this, the employer can take the following steps:

1. Implement, Update, and Revise Anti-Harassment Policy

A clear and effective policy needs to be framed and implemented in the workplace to ensure that inappropriate behavior does not take place. Also, it is not enough to simply formulate a policy; employees and the staff must also be made aware of it and made to abide by it.

 

2. Training the Employees

The staff and employees must be educated and trained to recognize the various forms of harassment and how to report it. Sexual harassment seminars are an example of such training.

 

3. Ensure efficiency of the Internal Complaint System

A formal complaint system should be in place which will not only look into the complaints and take action but will also provide anonymity and security against retaliation to the victim. All complaints that are made must be taken seriously and investigated in an unbiased and objective manner. The system should be transparent and trustworthy.

 

HOW TO PREVENT SEXUAL HARASSMENT IN THE WORKPLACE

In addition to the steps listed above, employers need to ensure that they have a Zero Tolerance policy when it comes to sexual harassment. All complaints and concerns should be reported and dealt with immediately and awareness must be raised about sexual harassment in the workplace.

It is also important to note that sexual harassment is not limited to women; men may be victims of sexual harassment in the workplace too. Although male victims often do not report such cases due to fear of being mocked and not taken seriously, it is still a major concern. In fact, according to a 2010 EconomicTimes-Synovate survey, 19% of the 527 men surveyed in metro cities across India claimed to have faced sexual harassment in the workplace.

Even though there are currently only a few provisions in Indian law that directly help male victims it does not mean that they are not protected. Employers need to make their anti-harassment policies gender-neutral and create a safe space for men to come forward if they have been harassed. It is also important to break the taboo about sexual harassment in the workplace.

For more detailed guidelines kindly refer to the book Preventing Sexual Harassment in the Workplace by EEPC India.

Workplace harassment is rampant in the country, with an incident rate of over 40 %, making it even more important for individuals to report and seek action against harassment and for industries and companies to empower their employees by providing them with the means to do so. It is not easy to come forward about such harrowing experiences, but one must remember that the law and the people are by their side, protecting them at every turn of the road.