Sexual harassment: A work in progress

Learning to combat sexual harassment in workplace

While in Pakistan we may believe such harassment is a crime, we often fail to report cases of it. Conversely, in many cases, the victim is pressurised not to report the crime and he or she may come to fear repercussions from speaking out about harassment. Many shrug off the idea of reporting harassment, saying, “We don’t believe we will get justice.” If harassment poses a clear and present danger, particularly in the workplace, how can organisations protect their employees against such instances?

Sexual harassment in the workplace occurs when an employee — male or female — persistently makes uninvited and unwelcome verbal or physical advances towards another employee against his/her will.

According to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women, such conduct “can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.”

Harassment can appear to be relatively innocent, taking the form of jokes, innuendos, flirtation or asking someone out on a date. However, in order to be recognised as ‘harassment’, such advances must be deliberate or repeated. In some cases, the advances are so offensive or illegal — fondling, groping or rape — that they only need occur once to be deemed harassment.

There are three main types of sexual harassment: ‘quid pro quo’, creating a hostile working environment due to sexual advances and retaliating against an employee (threatening to fire or demote) if he/she complained about unwelcome advances. Quid pro quo harassment occurs when an employee is fast-tracked for a promotion or gets to keep his/her job based on if he/she submitted to or rejected sexual advances or other types of inappropriate sexual comments.

While some employers and employees fail to recognise how rampant these kinds of behaviour are, there are others who are unable to distinguish between a ‘compliment’ and ‘harassment’. This is largely due to a lack of education on the subject.

Employers who do not take preventive measures against sexual harassment can witness a lack of morale or motivation at work, underperformance leading to decreased productivity and higher than normal absenteeism. Many employees simply choose to quit their jobs and many harassment cases lead to increased health care and legal expenditures.

So what can management or employees do to ensure a healthy and safe working environment for men and women? Here are some suggestions:

1 Adopt a strict policy on sexual harassment and educate all employees about the nature of such harassment. Make sure employees know how to report unwelcome advances and the procedure to file a complaint. Inform employees about action that will be taken against the wrong-doer. Information sessions must be carried out at least once a year in the workplace.

2  Discuss the subject of harassment during induction training and orientation for new employees and ensure that all employees have an updated copy of the ‘Employee Policy Handbook’.

3  Implement a clear policy that forbids managers, supervisors and employees from dating. Should a relationship develop between co-workers, explain that one of the two employees must resign or both may be removed from their jobs.

4 Provide contact information for various associations and legal authorities such as the National Implementation Watch Committee (NIWC) and Aurat Foundation in case an employee may wish to approach an outsider for assistance.

5 Be vigilant and closely monitor your workplace. Keep an open-door policy for employees to share their concerns on this matter and to report any violations they see. Keep an eye out for offensive posters or comments that may be posted on social media against any employee. Take all complaints seriously by acting promptly and carrying out necessary investigation.

Do you think you are a victim of sexual harassment in the workplace? Here are some ways you can empower yourself:

1) Be vocal — learn to say ‘no’ to any favours or comments that seem offensive to you. Establish a written form of communication with the harasser and tell him/her to cease unwelcome advances; keep a record of this communication to be used as evidence in any investigation.

2) As soon as you experience sexual harassment, prepare a detailed write-up including the name and designation of the person, the date, the time, the place and names of any witnesses. If possible, speak with co-workers who may be experiencing a similar problem.

3) Do not be afraid to tell your supervisor, your HR department or labour union about the harassment and do this as soon as possible.

4) Check the Employee’s Handbook to learn more about your organisation’s complaint or grievance system, or speak with your supervisor or HR department to find out about the procedure to file a complaint.

5) If you feel your organisation has not opened an investigation into your claims or if you feel threatened, file an FIR. You must do this before filing a lawsuit for which you will have to contact a lawyer. There are authorities outside the organisation, including associations who can help you in this process, often connecting you to the ombudsman directly.

6) Be sure to inform your family and friends as you will need them for moral support.

7) As an employee of your organisation, and above all, as a citizen of Pakistan, it is your constitutional right to seek justice.

Moez Allidina is an OD consultant and trainer at Maktab Learning Solutions and a visiting faculty lecturer at SZABIST.

Published in The Express Tribune, Sunday Magazine, February 22^nd, 2015.