Are
you a virgin?,'' Alfred Joseph asked one of his male colleagues
at the Park Hotel, Delhi. Over a few separate instances, he repeatedly
asked his colleague about his virginity, talked to him about how
he liked to watch 14-year-old boys get naked, even went so far as
to hug him. Joseph had been harassing several of his male colleagues,
but he pushed this one a bit too far. A complaint was filed and
after an investigation, Joseph was asked to leave the organisation.
Speak to a company about sexual harassment
and chances are, you won't get very far with your conversation.
Reactions range from how-can-we-speak-about-this-taboo-topic looks
to ''we don't have any of that in our company'' comments. Only,
there's nothing taboo about S H and no organisation, however evolved
it may be, can ever claim freedom from its pernicious influence.
On August 13, 1997, the Supreme Court of India directed companies
to frame appropriate rules prohibiting sexual harassment at the
workplace. And it directed them to form a committee comprising two
men, two women, and a representative from a non-governmental organisation
to address the issue (and all related complaints).
DOS
» Make sure
your employees are aware you have a policy on harassment.
»
Everyone should know
what to do and who to talk to in case of sexual harassment.
»
Try to promote an environment
that is harassment-free in the office.
DON'TS
»
Don't tolerate offensive behaviour on part of any
employee in the office.
» Try
to avoid putting off dealing with such instances; the earlier
you deal with it the better.
» Don't
encourage work situations that could potentially lead to sexual
harassment.
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Not all organisations have complied. Park Hotel
is one that has, and as A.K. Sinha, the hr manager at The Park,
Delhi, puts it, ''We are not too embarrassed to talk about our cases;
our people need to know their work environment is safe and protected.''
Not every company feels the same way.
Those that do, belong-in nine cases out of
10-to industries such as hospitality, it-enabled services, airlines,
and software where employees work long hours in close proximity,
there are as many women as men, or both. ''Most international organisations
have a policy (on sexual harassment) and they expect us to have
one,'' says Joydeep Bose, General Manager (Corporate hr), Wipro,
referring to how companies that do lots of business with international
clients can't help but have a policy. MNCs have policies too, often
handed down (much like the 10 commandments) from their global HQ,
although some, like Gillette have modified these to include the
nuances of the Supreme Court's order. ''MNCs are culturally broadminded
and believe in equal opportunity,'' says a spokesperson for Citibank
India. ''The problem is in local corporations where there are no
rules, no code of conduct.'' That remark reeks of corporate imperialism,
but it could well be true. ''There are few women working at Ranbaxy,''
says a spokesperson for the pharma major, ''so we don't have an
official policy.'' Then, almost as an afterthought, ''...it is something
that needs to be addressed.''
The Devil Is in The detail
The policy is a Miranda of sorts: anything
you say or do could be held against you. The Supreme Court's order,
and the definition that can be distilled from it covers everything
from gender-based insults to textual or graphic representations
of a sexual nature to abusive remarks to unwelcome demands for sexual
favours.
The emphasis of the order, and the policies
of the few companies that have policies on sexual harassment is
on the act and its impact, rather than the intent of the perpetrator.
That may sound fair, but isn't always the case as it-enabled services
company Spectramind discovered. A woman worker was a habitual absentee.
Her immediate manager (a man) repeatedly asked her whether she had
a problem, but she offered no explanation. When the time came for
her appraisal, the worker told him that she would file a case against
him if he didn't give her a decent appraisal. Pushed, the manager
used an expletive and the woman promptly filed a complaint of sexual
harassment. ''The manager was trained to handle these issues, but
he was pushed and he snapped,'' says S. Varadarajan, Vice President
(HR). Spectramind issued a written warning to the manager and made
him apologise to the woman. However, it also counselled the worker
and told her that there was no intent to harass on her manager's
part.
Companies filled to the gills with young people
just out of college face the brunt of this: campus-lingo resembles
the kind of language popular with the makers of B-grade Hollywood
and Bollywood motion pics. That kind of free-and-easy language may
be alright in college or even among friends; at work, it could be
construed as sexual harassment. Is that nitpicking warranted? ''We
need to incorporate new thinking into our perspective,'' agrees
Varadarajan, ''but there needs to be some discipline at the workplace.''
Still, as Sushma Chawla, the Head of the Women's Cell at Indian
Airlines says, it might be better to err on the side of caution.
''Everyone's thinking is different; sometimes people don't understand
the context of certain remarks and misinterpret them.''
Context is a killer, especially for multinationals.
The Indian culture is a high-context one; the American one isn't.
Gillette discovered this to its disadvantage. The company's global
network is accessible to employees and distributors who can not
only access data, but also chat online. In one instance, a man in
a small city in India was online at the same time as a woman in
the US. He began to make polite conversation with her, asking her
how her day was, how she was and other small talk. The woman found
it odd that he was asking her personal questions and complained.
''She didn't understand the context,'' explains Arun Sehgal, VP
HR, Gillette, ''and we had to clarify that over here it is normal
to make polite conversation.''
There's no doubt that having a policy on harassment
will help. ''It provides a platform for women who are harassed to
discuss the issue,'' says Sapna Srivastav, Associate Vice President
(HR), HTA. Adds Gillette's Sehgal: ''We want to ensure that our
employees feel comfortable talking about this problem.''
The American experience with sexual harassment
has shown that sometimes (not always) mediocre workers don the mantle
of the sexually harassed to cover up their inadequacies. The Supreme
Court's order doesn't really take cognisance of this fact, but as
the Spectramind experience shows, it hasn't escaped the attention
of Slackers Inc.
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