Workplace sexual harassment and employee attrition

Introduction

Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer. 

This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this. 

Reasons for not reporting workplace sexual harassment

Fear of Retaliation

One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment. 

Retaliation can take many forms, including being demoted, having hours reduced, being passed over for promotion, or being fired. In some cases, victims may also face social isolation or bullying from their co-workers. The fear of retaliation can be so strong that victims may choose to remain silent rather than risk their job or career.

Lack of Trust in the Reporting System

Another reason why employees do not report workplace sexual harassment is a lack of trust in the reporting system. Victims may worry that their complaints will not be taken seriously, or that they will not receive a fair investigation. 

This lack of trust can be based on past experiences, or on stories, they have heard from other employees. In some cases, employees may not even know how to report harassment or may not be aware of the procedures in place to address it.

Embarrassment or Shame

Many victims of workplace sexual harassment may feel embarrassed or ashamed about what has happened to them. They may worry that others will judge them or blame them for the harassment. 

This feeling of shame can be even stronger if the harassment involves sexual comments or physical contact. Victims may also worry that they will not be believed or that their reputation will be damaged if they report the harassment. Provide training and support for employees

Employers should provide training and support for employees on how to recognize and respond to workplace sexual harassment. This can include training on what constitutes sexual harassment, how to report it, and how to support victims of harassment. Employers can also provide access to counseling and other support services for employees who have experienced sexual harassment.

Hold perpetrators accountable

Employers should take a zero-tolerance approach to workplace sexual harassment and should hold perpetrators accountable for their actions. This can include conducting thorough investigations of reported harassment, taking disciplinary action against perpetrators, and communicating clearly to employees that harassment will not be tolerated.

Foster a sense of community and belonging

Employers can foster a sense of community and belong among employees by creating opportunities for team-building, socializing, and recognition. This can help to create a workplace where employees feel valued and supported, and where they are more likely to raise their concerns if they experience workplace sexual harassment.

Also read: 6 Steps Indian Bosses Must Take To Ensure All Employees Feel Equally Valued

Encourage feedback and participation

Employers should encourage feedback and participation from employees on workplace policies and procedures related to sexual harassment. This can include soliciting feedback through surveys or focus groups and creating channels for employees to provide feedback on an ongoing basis.

By taking these steps, employers can create a workplace where employees feel safe, valued, and empowered to report workplace sexual harassment when it occurs. This not only benefits employees, but also helps to create a positive work environment that promotes productivity, engagement, and business success.

How can POSHADVO help you?

At POSHADVO, our team has made reporting workplace sexual harassment for your team easier with our PoSH compliance SaaS platform, Conduct. Conduct’s incident reporting mechanism is:

Legally compliant as per the PoSH Act

Completely confidential and secure

A 6-step guided process of filing a complaint

A belief that Nothing Will Change

Some employees may not file a complaint of workplace sexual harassment because they believe that nothing will change. They may feel that their organization does not take harassment seriously or that their harasser is too powerful to be held accountable. 

They may also feel that reporting the harassment will not make a difference in the long run and that they will continue to face harassment in the workplace regardless.

Fear of Negative Career Consequences

Employees may also be afraid that reporting workplace sexual harassment will have negative consequences for their careers. They may worry that they will be labeled as a troublemaker or a liability to the company. 

They may also worry that their ability to work in their chosen profession will be affected if they are seen as someone who has complained about harassment. This fear can be especially strong if the harasser is in a position of power or if the harassment is taking place in a highly competitive or male-dominated field.

What can you, as an employer, do about this?

Employers have a responsibility to create a safe and respectful workplace for all employees. Here are some strategies employers can use to get employees to raise their concerns about workplace sexual harassment with them:

Communicate clearly about reporting procedures

Employers should make sure that employees know how to report workplace sexual harassment, including who to report to, what to expect during the reporting process, and what types of support are available. This information should be communicated clearly and regularly, through employee handbooks, training sessions, policies, and more.

Create a culture of respect and openness

Employers should work to create a workplace culture that values respect, inclusivity, and openness. This can include promoting diversity and inclusion, encouraging employees to speak up about their concerns, and creating channels for feedback and communication.

Sexual Harassment at Work

PoSH (Prevention of Sexual Harassment )Awareness Session helps organisations in a big way in

1) Preventing and Discourage sexually harrasement at work

2) Encouraging victims to file grievances

3) Encouraging coworkers to understand their role in creating safe work environment.

4) Highlighting the Gender Neutral policy aspects

Glad to have delivered at Cloudnine Group of Hospitals ~Noida

A detailed employee and manager session highlighting key aspects of POSH ACT 2013 through case studies , Videos and Quiz .

Thank you Trisha Singh and Saloni

for organising,participating and partnering in the session. It is such a inspiration to see how the HR and leadership team is working together to ensure this organisation continues to be a workplace of choice in healthcare sector.

Voice of SASHA 🤝POSHADVO Kanti Joshi 🤝Adv Kanchan K.

Kanchan Khatana And Associates

Sexual Harassment at Workplace

Posh Training

Best POSH consultant in India

POSH ACT 2013 

Sexual Harassment at Workplace

POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country.

POSHADVO firmly believes, as an organization, that sexual harassment is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons.

Posh @ Workplace

Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity. Sexual harassment is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which includes the right to a safe environment, free from all forms of harassment.

PoSH in Higher Education Institutions in India

Poshadvo

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. 

A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. 

It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role in this while also including formal and informal workspaces and that the law is not confined to the corporate environment in the formal sphere. 

A federal law that forbids sexual harassment of female employees and students in higher education institutions is the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015. 

In an effort to make changes, the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 requires all universities, colleges, and deemed universities to adhere to a set of rules to ensure that the campuses are free from sexual harassment.

In order to prevent gender bias, the term "students"assures that the legislation covers every person registered in a specific higher education institution, regardless of their gender. 

An internal complaints committee must be established at every higher education institution in order to address sexual harassment claims. It must be dubbed the ICC and adhere to UGC-mandated rules if a body already exists with this goal.

Sexual abuse at work

POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country.

Sexual abuse at work

POSHADVO firmly believes, as an organization, that sexual harassment is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons.

Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity. Sexual harassment is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which includes the right to a safe environment, free from all forms of harassment.

Register your query

WhatsApp:- +91-9958484845

Call Us:- +91-9958484845

Mail Us:- contact@poshadvo.com

Website:- Poshadvo

What is Sexual Harassment and Remedies

What amounts to sexual harassment?

In 1997 in Vishaka Vs. State of Rajasthan and others, for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behavior whether directly or indirectly as

1. Sexually coloured remarks

2. Physical contact and advances

3. Showing pornography

4. A demand or request for sexual favors

5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.

Sexual assault was first established as a distinct criminal behavior in this historic lawsuit. The unwelcomeness of the behavior is a key element in sexual harassment. As a result, the effect of certain conduct on the recipient becomes more important than the perpetrator's purpose, which must be weighed.

In any kind of organization, whether government, private, or public, such behavior instils anxiety in the minds of workers that if they do not complete the job assigned to them, they will become victims of sexual assault, and thereby induces fear in their minds. On the other hand, the employer could threaten the employee with a move, promotion, or other benefit. In the business world, it has been observed that employers would ask for a favor in exchange for a position, a relocation, or a bonus, or even to raise their pay. Much of this amounts to sexual harassment when it is done against the person's wishes, and the workers who use the aforementioned services adhere to the employer's terms.

In other words, it is unfair where a woman has fair reasons to assume that her objection will harm her job or jobs, like hiring or advancement, or where it establishes a hostile work atmosphere. If the survivor refuses to agree to the actions in question or expresses any objections to it, negative penalties will be imposed.

Remedies Available to Victim

In India there is no specific law relating to Sexual Harassment at workplace but there are certain sections in the Indian Penal Code (IPC) and Constitution and certain other laws and Acts that protect the women’s from sexual harassment at workplace and they are as follows:

Section 354, IPC deals with assault or criminal force to a woman with the intent to outrage her modesty and lays down that:

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or both.

In cases where the accused sexually harasses or insults the modesty of a woman by way of either- obscene acts or songs or- by means of words, gesture, or acts intended to insult the modesty of a woman, he shall be punished under Sections.294 and 509 respectively.

Under Sec.294 the obscene act or song must cause annoyance. Though annoyance is an important ingredient of this offence, it being associated with the mental condition, has often to be inferred from proved facts. However, another important ingredient of this offence is that the obscene acts or songs must be committed or sung in or near any public place.

Section 509, IPC deals with word, gesture or act intended to insult the modesty of a woman and lays down that: Whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or both. (Cognizable and bailable offences).

Civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.

Under the Indecent Representation of Women (Prohibition) Act (1987) if an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing "indecent representation of women"; they are liable for a minimum sentence of 2 years.

Section 7 (Offenses by Companies) holds companies where there has been "indecent representation of women" (such as the display of pornography) on the premises guilty of offenses under this act, with a minimum sentence of 2 years.