Anything that’s unwelcome is well, unwelcome. Be it guests, opinions, or advances – especially of a sexual nature. Let’s face it – in today’s time, sexuality and exploring one’s comfort zone is normal – taboo is so last season! This helps us identify unwelcome sexual advances, one of the initial steps of navigating sexual harassment at workplace.
Individuals now – especially millennials and Gen Z are more vocal about anything that’s uncomfortable and unwelcome. Maybe this is why the older generations see them as outspoken and sometimes too much – but as a Gen Z, I can tell you we’re proud of using our voice for good.
It still gets tough to navigate sexual advances at the workplace, especially if you tend to brush things off a couple of times before it’s out of hand. Let’s explore the different ways to handle sexual harassment at your workplace. (With the hope you never have to encounter it!)
Trigger Warning: The following sections contain repeated use of the words “sexual harassment” and “abuse” and other details that some may find distressing. Reader discretion is advised.
What is Sexual Harassment at Workplace? | Is it Only a Threat to Millennials And Gen Z?
Don’t get me wrong, sexual harassment isn’t limited to these two generations. Because they form much of the current workforce, it was only natural to mention how it is easier for us to navigate sexual harassment at workplace. Those from earlier generations who keep the corporate wheels rolling are very much exposed to this unwelcome phenomenon.
Sexual harassment is something that may not have a predominant effect on one specific generation, gender, or any of the socioeconomic factors. But sadly, at least one in 3 people across these groups/categories have experienced sexual advances at the workplace.
I’ll not bore you with the statistics as they’re alarming and quite significant for the female employees which is well-known. Let’s start with what is sexual harassment in the workplace.
Sexual advances do not have to be something physical that’s unwelcome by you – they can be verbal, non-verbal, and even offensive remarks that make you uncomfortable. It is one of the most dreadful things to go through and often comes from people you may have been interacting with for some time.
Do you see the problem yet, or should I spell it out? Your kindness, well-mannered behavior and just being a nice person can be seen as a hint for those surviving on two brain cells. It is infuriating I know, but it is not your fault and that’s where you should begin.
Victims of sexual harassment at workplace are usually blamed for instigating the perp’s behavior – that is before people knew what is POSH training. With the introduction of POSH policies and awareness about it, things have been moving in the right direction – albeit at a glacial pace.
The following sections will navigate two scenarios where your workplace has a POSH policy and one where they don’t (ask them to!)
What to do About Sexual Harassment At Workplace Without A POSH Policy?
When your workplace does not have a POSH policy that can be implemented in cases of sexual harassment at workplace – here’s what to do.
- Report the higher authorities – HR and your team leader (if there is no conflict in sharing the information with them – for e.g., if your TL knows the perpetrator and might not take fair action)
- Take legal action against the perpetrator if employers do not take prompt, justified action against them
As per federal laws, it is mandatory for employers to implement and comply with the POSH Act. They could be causing serious trouble for themselves if found to be non-compliant with the POSH Act.
Even if the employer claims to have a safe environment for their employees, there are high chance that the harasser will take advantage of the situation and abuse the power. That’s quid pro quo harassment.
And do not have this archaic idea that only men harass – yes, the data puts them under the spotlight, but some women abuse their power, too.
Often, even men who endure such behavior stay quiet for reasons similar to women’s. Fear of losing their job and not getting another one due to the abuser’s power, among several other reasons.
Lack of POSH policy or even a safe environment for work means a lack of justice or delay (usually the former.)
Positive duty under the Sex Discrimination Act
As per the positive duty under the Sex Discrimination Act, businesses and organizations must take proactive measures to prevent unlawful conduct in the workplace. This means, that even if your workplace does not have a POSH policy, they are legally required to act against cases of sexual harassment, discrimination, and creating a hostile environment based on sex.
Take this example
There have also been cases where scores of victims have been quiet for a really really long time until the truth was out. And there are so many examples – from high-profile celebrity cases to MNCs.
A recent example of sexual harassment at workplace was when the (in)famous, ex-Harrods boss was linked to over 80 sexual abuse allegations. That number is a cause for alarm in itself.
If you do not know – this is the same guy who was very passionately pointing fingers at the British Royal family for the death of his son and the people’s princess – Diana. Sadly, it’s too late to act against him, and the victims have only gotten an official apology from Harrods. (Same Harrods, whose previous authorities were involved in covering up the allegations.)
This is the perfect example of why POSH policy is important in the workplace. Moreover, the workplace should be safe for employees irrespective of its existence. But that has not been the case because of the prevailing mentality of abusing one’s power.
Al-fayed, for example, is the epitome of such behavior where nearly 100s of his employees – mostly, women, some underage – become the victims. All of this was only recently revealed in a BBC investigation last month – with shocking revelations sure to send chills down one’s spine.
Watch here: https://www.bbc.co.uk/programmes/m0023ff5 [Trigger Warning: it contains details some may find disturbing]
What to do About Sexual Harassment at Workplace With A POSH Policy?
Corporate life without POSH policy feels weird to even think of! POSH or Prevention of Sexual Harassment is a legal framework that protects individuals from sexual harassment at workplace. In many countries it is promoted as a tool to protect women – because they’re often at the receiving end of such acts – thank you patriarchy!
POSH policy is a refreshing step in the workplace that has significantly controlled the ogler and perpetrators, but there’s still a lot that’s yet to change. If you are a fan of corporate dramas as much as I am, you’d already know how it start in the workplace and how bizarre people’s perception is.
The last line comes from an experience I had nearly a year ago. I am a kind person – having experienced bullying, it hurts to see someone poorly treated – and the empathy gets the better of me the majority of time. I like treating people nicely – so a hello, good morning, and bye, are a given when it comes to me.
That’s the basics, I feel, in corporate, and I have always maintained that until recently when a co-worker of mine misread my kindness for a hint. Pardon the use of this word for the lack of a better one that could explain it well.
And sadly, we all get the meaning of this word in this context, so well – hint and we’re not even playing Pictionary!
Thankfully, my workplace has a POSH policy, so my rejection and dismissal of his wrong idea was taken well. (Read: I wasn’t bothered after that.) But funnily, he did end our conversation with a “Do not put POSH on me!”
What to do Then?
First off, it’s not an object– you are found to be non-compliant with the policy. But the shock did not allow the grammar nazi in me to speak then.
I still think about the incident and wonder if I should have put POSH – it made me uncomfortable, but thankfully he never bothered me again and later sent a long paragraph apologizing. I forgot about it, soon enough.
Lesson learned: Continue being kind – people’s interpretation is out of your control.
This was a funny incident that made me unlike myself for a week as I was scared to interact in the same, neutral yet kind way with people, especially those from the opposite gender. I know all of this sounds very archaic – but that was the impact.
But what to do if it gets too uncomfortable and you are approached in a worse way later on? Or the conversation does not stay innocent, and you are asked for sexual favors? This is when you do not dismiss the conversation and report to the ICC (Internal Complaints Committee.)
You may approach your team leader to help you with the process, but going directly to HR and the ICC is often best. That’s what the POSH policy training advised us to do – you’d have gotten a brief, too.
They will guide you through the steps of a POSH complaint against the co-worker and appropriate action will be taken. If you feel the outcome is not satisfactory, you can also take legal action.
That hardly ever happens, but if it does – you can file an appeal with the court within 90 days of the ICC/POSH committee’s recommendation.
Why is There No Decline in the Cases of Sexual Harassment At Workplace?
Given that federal laws require workplaces to implement POSH policy with proper ICC committee, the number of harassments should ideally decrease. But evidently, that’s not the case – a recent dive into the matter by Harvard Business Review showed that the number hasn’t changed much since the 1980s!
So, a few obvious factors turn out to be:
- Lack of regular POSH training
- Poor workplace culture that lacks administrative support
- Lack of accountability
- Unfair schedules that increase the likelihood of sexual harassment
- Non-conformation to workplace norms
- Abuse of power
These are some of the organizational factors that contribute to the rise and continued sexual harassment at workplace.
If you or someone you know is experiencing sexual harassment at work, ask them to report it directly to the appropriate authorities. Your voice matters and it is vital in bringing justice.
Wrapping It Up!
That was all about sexual harassment at workplace and how you as a corporate employee can navigate through it. Awareness about sexual harassment and the actions that one can take against the perp is what the initial steps comprise. Even before the POSH policy is implemented, individuals must be encouraged to speak up against any action that makes them uncomfortable.
Be it a text message, gesture, comment, opinion, or direct sexual favors – anything that is against your wishes and not okay by you is grounds for formal action against that person. Legally too, sexual harassment at the workplace is a punishable offence and attracts the strictest penalty.
If you or someone you know is facing a similar situation – ask them to speak up and bring justice for themselves. This will not just be right by you but will also encourage others to share their experience.
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