I request the details of the Sexual Harassment and the role of Sexual redressal committee, what are the procedures and documentation to be submitted to the concerned department. murali
From India, Madras
1From India, Madras
Dear Murali:
In the US, The Civil Rights Act of 1964, has defined “sexual harassment” as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitutes illegal sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with en individual’s work performance or creates an intimidating, hostile or offensive work environment.”
The “victim” may be a man or a woman. The “victim” does not have to be of the opposite sex, nor does the “victim” have to be the person harassed, but someone nearby who was negatively affected by the behavior/ situation.
The “harasser” may be the employee’s supervisor, other member of management, a co-worker, an agent of the employer, a vendor, or any other non-employee.
Sexual Harassment may occur even though there is no economic injury (impact on wages/salary) to or discharge (forced resignation) of the “victim”
The “harasser’s” must be informed by the “victim” that the conduct is unwelcome and the harasser should therefore “cease and desist”. The victim should inform the harasser that if the conduct does not stop, further steps will be taken, I.e. conduct will be reported to management. (At this point management has a legal as well as a moral obligation to investigate the charges and to diffuse the situation.)
The following represents some guidelines for a Sexual Harassment Policy:
Understand Sexual Harassment
* Any unwelcome sexual activity ties to employment decisions or benefits is sexual harassment. "Sexual Harassment may include, but not limited to, jokes, vulgar language, sexual innuendos, sexual gestures, physical grabbing, pinching, or rubbing against, other unwelcome or offensive physical touching or contact, and pornographic pictures, books, magazines and the like.
* Every sexual harassment charge is extremely serious. You and your company can be held liable for the conduct of your employees and non-employees who engage in sexual harassment, even where “victims” comply with unwelcome sexual advances.
* Realize that sexual harassment knows no bounds. Men as well as women may be sexually harassed by the same or opposite sex, by
members of management, co-workers, or non-employees.
If the harasser is not a member of management, who can affect employment decisions and/or benefits, the harassment constitutes a “hostile work environment”, representing a significant change in the terms and conditions of employment.
What can be done?
COMMUNICATE POLICY:
The CEO should issue a written policy against sexual harassment, and discrimination in general.
Provide a clear definition of sexual harassment using examples of inappropriate Behavior.
Review the Policy with all employees (from CEO to janitor) at inception and at least yearly thereafter. Document presentations. Include as part of Orientation of new employees (have them acknowledge by signature that they have been provided a copy of the Policy and have read and
understand it.).
ESTABLISH PROCEDURES:
Appoint a Senior Corporate Officer to oversee implementation of the Policy.
Designate a Personnel Officer or other appropriate Manager to receive sexual harassment/discrimination allegations/complaints.
Outline procedures to be used to report any sexual harassment/ discrimination, including alternative routes for filing allegations/complaints.
Keep all sexual harassment/discrimination allegations/complaints confidential.
Train supervisors and managers to recognize and prevent sexual harassment/ discrimination.
ENFORCE POLICY:
Encourage employees to report any incidents of sexual harassment/
discrimination without fear of reprisal.
Investigate all allegations of sexual harassment/discrimination quickly and thoroughly, while safeguarding the rights of the accused.
Maintain accurate records of the investigation, discovery of facts and evidence, statements of witnesses (pro and con), and findings.
Where sexual harassment is found, take immediate, appropriate action against any employee (from President to Janitor), or non-employee (customer, vendor, visitor) found to have engaged in sexual harassment/ discrimination.
Hope this is of some help.
PALADIN
From United States,
In the US, The Civil Rights Act of 1964, has defined “sexual harassment” as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitutes illegal sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with en individual’s work performance or creates an intimidating, hostile or offensive work environment.”
The “victim” may be a man or a woman. The “victim” does not have to be of the opposite sex, nor does the “victim” have to be the person harassed, but someone nearby who was negatively affected by the behavior/ situation.
The “harasser” may be the employee’s supervisor, other member of management, a co-worker, an agent of the employer, a vendor, or any other non-employee.
Sexual Harassment may occur even though there is no economic injury (impact on wages/salary) to or discharge (forced resignation) of the “victim”
The “harasser’s” must be informed by the “victim” that the conduct is unwelcome and the harasser should therefore “cease and desist”. The victim should inform the harasser that if the conduct does not stop, further steps will be taken, I.e. conduct will be reported to management. (At this point management has a legal as well as a moral obligation to investigate the charges and to diffuse the situation.)
The following represents some guidelines for a Sexual Harassment Policy:
Understand Sexual Harassment
* Any unwelcome sexual activity ties to employment decisions or benefits is sexual harassment. "Sexual Harassment may include, but not limited to, jokes, vulgar language, sexual innuendos, sexual gestures, physical grabbing, pinching, or rubbing against, other unwelcome or offensive physical touching or contact, and pornographic pictures, books, magazines and the like.
* Every sexual harassment charge is extremely serious. You and your company can be held liable for the conduct of your employees and non-employees who engage in sexual harassment, even where “victims” comply with unwelcome sexual advances.
* Realize that sexual harassment knows no bounds. Men as well as women may be sexually harassed by the same or opposite sex, by
members of management, co-workers, or non-employees.
If the harasser is not a member of management, who can affect employment decisions and/or benefits, the harassment constitutes a “hostile work environment”, representing a significant change in the terms and conditions of employment.
What can be done?
COMMUNICATE POLICY:
The CEO should issue a written policy against sexual harassment, and discrimination in general.
Provide a clear definition of sexual harassment using examples of inappropriate Behavior.
Review the Policy with all employees (from CEO to janitor) at inception and at least yearly thereafter. Document presentations. Include as part of Orientation of new employees (have them acknowledge by signature that they have been provided a copy of the Policy and have read and
understand it.).
ESTABLISH PROCEDURES:
Appoint a Senior Corporate Officer to oversee implementation of the Policy.
Designate a Personnel Officer or other appropriate Manager to receive sexual harassment/discrimination allegations/complaints.
Outline procedures to be used to report any sexual harassment/ discrimination, including alternative routes for filing allegations/complaints.
Keep all sexual harassment/discrimination allegations/complaints confidential.
Train supervisors and managers to recognize and prevent sexual harassment/ discrimination.
ENFORCE POLICY:
Encourage employees to report any incidents of sexual harassment/
discrimination without fear of reprisal.
Investigate all allegations of sexual harassment/discrimination quickly and thoroughly, while safeguarding the rights of the accused.
Maintain accurate records of the investigation, discovery of facts and evidence, statements of witnesses (pro and con), and findings.
Where sexual harassment is found, take immediate, appropriate action against any employee (from President to Janitor), or non-employee (customer, vendor, visitor) found to have engaged in sexual harassment/ discrimination.
Hope this is of some help.
PALADIN
From United States,
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