Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

INTRODUCTION

The Act makes it mandatory for all offices with 10 or more employees to have an internal complaints committee to address grievances in a stipulated time or face penalty. 

Sexual harassment cases at workplace, including against domestic help, will have to be disposed of by in-house complaint committees within 90 days failing which a penalty will be imposed and repeated non-compliance of the provisions of the law can even lead to cancellation of license or registration of the organization. 

WHAT IS SEXUAL HARASSMENT (Types & Examples)

Sexual harassment, according to the law includes unwelcome acts or behaviour like physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography. 

Many different kinds of verbal, physical, non-verbal or visual conduct of a sexual nature may be sexual harassment. Here are some examples:

a) Verbal Or Written:

1. Commenting about a person’s clothing, personal behaviour, personal (romantic) relationships, or body
2. Making sexual or sex-based jokes or innuendoes
3. Requesting sexual favours or dates
4. Spreading rumours about a person’s personal or sexual life
5. Threatening a person for rejecting or refusing sexual advances or overtures

b) Physical

1. Impeding or blocking someone’s movement
2.  Inappropriate touching of a person’s body or clothing
3.  Kissing, hugging, patting, or stroking
4. Assaulting (touching someone against her will or without her consent)

c) Non-verbal

1. Looking up and down or staring at a person’s body
2. Making derogatory gestures or facial expressions of a sexual nature; and/or
3. Following a person around.

d) Visual

1.  Displaying or sharing posters, drawings, pictures, screen savers or emails of a sexual nature.

"Sexual harassment does not have to be sexually suggestive. Harassing conduct can also be unlawful if based on your sex or gender. For example, if you are a woman working as a carpenter on an otherwise all-male job, and you are the only one who is singled out for harsh criticism and verbal abuse even though your job performance is the same as your male co-workers, such conduct may be a form of unlawful sexual harassment."

Following Are All Examples Of Sexual Harassment:

• ·         A supervisor implies to an employee that the employee must sleep with him to keep a job.
• ·         A sales clerk makes demeaning comments about female customers to his co-workers.
• ·         An office manager in a law firm is made uncomfortable by lawyers who regularly tell sexually explicit jokes.
• ·         A cashier at a store pinches and fondles a co-worker against her will.
• ·         A secretary's co-workers belittle her and refer to her by sexist or demeaning terms.
• ·         Several employees post sexually explicit jokes on an office intranet bulletin board.
• ·         An employee sends emails to co-workers that contain sexually explicit language and jokes.

"The harasser can be the victim's supervisor, manager, or co-worker. An employer may even be liable for harassment by a non-employee (such as a vendor or customer), depending on the circumstances."

As per Law :-

The law states every organization should constitute an internal complaints committee which should not have less than two members amongst employees preferably those who have had experience in social work or legal knowledge. 

It should have one member from non-governmental organizations or associations familiar with the issues relating to sexual harassment and should be presided by a senior level woman employee at the workplace. 50 per cent of the nominated members must be women. 

Steps involved in the Complaint Process –Empowerment?

Step I

A complaint is to be made in writing by an aggrieved woman within 3 months of the date of the incident. The time limit may be extended for a further period of 3 months if, on account of certain circumstances, the woman was prevented from filing the complaint. If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death, her legal heirs may do so.

Step II

Upon receipt of the complaint, the committee/authority must proceed to make an inquiry in accordance with the service rules applicable to the respondent or in their absence, in accordance with rules framed under the Act.

Step III

The inquiry must be completed within a period of 90 days. In case of a complaint by a domestic worker, , the committee/authority is required to forward the complaint to the police to register a case under the relevant provisions of the Indian Penal Code.

Step IV

Where the ICC finds that the allegations against the respondent are proven, it must submit a report to the employer to: (i) take action for sexual harassment as a misconduct in accordance with the provisions of the applicable service rules or where no service rules exist, in accordance with rules framed under the Act; (ii) to deduct from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.

Step V

The employer must act on these recommendations within 60 days.

The Duties of an Employer

The Act Makes It The Duty Of Every Employer To: 

• Provide a safe working environment at the workplace which shall include safety from all the persons with whom a woman comes into contact at the workplace
• Display at any conspicuous place in the workplace, the penal consequences of sexual harassment and the order constituting the ICC
• Organize workshops and awareness programmers
• Provide necessary facilities to the ICC for dealing with complaints and conducting inquiries
• Assist in securing the attendance of the respondent and witnesses before the ICC
• Make available such information to the ICC or LCC, as it may require
• Provide assistance to the woman if she so chooses to file a criminal complaint
• Initiate criminal action against the perpetrator
• Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct
•  Monitor the timely submission of reports by the ICC.

Penalties

Where the employer fails to comply with the provisions of the Act, he shall be liable to be punished with a fine which may extend to Rs. 50,000. In case of a second or subsequent conviction under this Act, the employer may be punished with twice the punishment prescribed or by cancellation of his licence or withdrawal of his registration.

Anyone Can Be Sexually Harassed

Sexual harassment is a gender-neutral offence, at least in theory: 
Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men.

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The Most Inspirational PowerPoint Ever Created

Motivation is defined as the process that initiates, guides and maintains goal-oriented behaviors. Motivation is what causes us to act, whether it is getting a glass of water to reduce thirst or reading a book to gain knowledge.

Why Motivation is Important???

1. Motivation is the spark – Motivation is the spark that sets the fire. It gets things started. Without motivation, anything you choose to do will take more effort and be less successful, if it gets started at all. Just like having a match, motivation makes starting things so much easier. You have a desire to start, so you start with the right attitude to be successful.

2. Motivation fuels – Like wood in the fire, motivation keeps you going. You have to constantly nurture your motivation, reevaluate what you are doing and why you are doing it. If you keep your motivation going strong, you will be successful. But you have to remember to keep adding to it or it will burn out.

3. Motivation warms – Like a fire, motivation keeps you alive in the cold. Life is hard. It gets complicated, it gets expensive, and there are always problems. Motivation can help you to keep going despite the problems. If you keep your motivation high and your eyes on the goal, no problem will seem insurmountable.

4. Motivation can change – Like the flickering of flames—one minute yellow, the next orange— motivation can change. Your reason for accomplishing your goals may change as you go along. Maybe you start out with one reason, change reasons halfway through, and then finish with a third reason. Whatever the case may be, keeping and staying motivated is the key.

5. Motivation satisfies – When you take a long journey, you will get tired. You’ll get burnt out and disappointed with the path. But if you keep your motivation and keep going, it is all worth it in the end. Regardless of whether you accomplished what you set out to do, you can still be satisfied if you maintained your motivation. You never lost hope, even if things didn’t quite work out the way you planned.

Motivation can be many different things. To some people, money is motivation, or health, or their family, or business. No matter what your motivation is or what your goals are, remember to keep your motivation high and your eyes on the prize.

Successful People VS Unsuccessful People

The most important concept of success is :- 

"SUCCESS IS A STATE OF MIND"

Below are the 16 differences between successful people and unsuccessful people , followed by a picture itself:-

1. EMBRACE CHANGE VS. FEAR CHANGE

Embracing change is one of the hardest things a person can do. With the world moving so fast and constantly changing, and technology accelerating faster than ever, we need to embrace what’s coming and adapt, rather than fear it, deny it or hide from it.

2. WANT OTHERS TO SUCCEED VS. SECRETLY HOPE OTHERS FAIL

When you’re in an organization with a group of people, in order to be successful, you all have to be successful. We need to want to see our co-workers succeed and grow. If you wish for their demise, why even work with them at all?

3. EXUDE JOY VS. EXUDE ANGER

In business and in life, it’s always better to be happy and exude that joy to others. It becomes contagious and encourages other to exude their joy as well. When people are happier they tend to be more focused and successful. If a person exudes anger, it puts everyone around them in a horrible, unmotivated mood and little success comes from it.

4. ACCEPT RESPONSIBLY FOR YOUR FAILURES VS. BLAME OTHERS FOR YOUR FAILURES

Where there are ups, there are most always downs. Being a leader and successful businessperson means always having to accept responsibility for your failures. Blaming others solves nothing; it just puts other people down and absolutely no good comes from it.

5. TALK ABOUT IDEAS VS. TALK ABOUT PEOPLE

What did we all learn in high school? Gossip gets you nowhere. Much of the time it’s false and most of the time it's negative. Instead of gossiping about people, successful people talk about ideas. Sharing ideas with others will only make them better.

6. SHARE DATA & INFO VS. HOARD DATA & INFORMATION

As we all learned in kindergarten, sharing is caring. In social media, in business and in life, sharing is important to be successful. When you share you info and data with others, you can get others involved in what you are doing to achieve success. Hoarding data and info is selfish and short-sighted.

7. GIVE PEOPLE ALL THE CREDIT FOR THEIR VICTORIES VS. TAKE ALL THE CREDIT FROM OTHERS

Teamwork is a key to success. When working with others, don’t take credit from their ideas. Letting others have their own victories and moments to shine motivates them and in the long term, the better they perform, the better you'll look anyway.

8. SET GOALS AND LIFE PLANS VS. DO NOT SET GOALS

You can't possibly be successful without knowing where you're going in life. A life vision board, 10 year plan, 3 year forecast, annual strategic plan, and daily goal lists are are useful tools of the mega-successful people in your life. Get your vision and goals down on paper!

9. KEEP A JOURNAL VS. SAY YOU KEEP A JOURNAL BUT DON’T

Keeping a journal is a great way to jot down quick ideas or thoughts that come to mind that are not worth forgetting. Writing them down can lead to something even greater. You can even use mobile apps or your Notes function in your phone. But don’t fool yourself by saying you keep a journal and not following through.

10. READ EVERY DAY VS. WATCH TV EVERY DAY

Reading every day educates you on new subjects. Whether you are reading a blog, your favorite magazine or a good book, you can learn and become more knowledgeable as you read. Watching television, on the other hand, may be good entertainment or an escape, but you'll rarely get anything out of TV to help you become more successful.

11. Operate from a transformational perspective vs. Operate from a transactional perspective

Transformational leaders go above and beyond to reach success on another level. They focus on team building, motivation and collaboration across organizations. They're always looking ahead to see how they can transform themselves and others, instead of looking to just make a sale or generate more revenue or get something out of the way.

12. CONTINUOUSLY LEARN VS. FLY BY THE SEAT OF YOUR PANTS

Continuously learning and improving is the only way to grow. You can be a step above your competition and become more flexible because you know more. If you just fly by the seat of your pants, you could be passing up opportunities that prevent you from learning (and growing!)

13. COMPLIMENT OTHERS Vs CRITICIZE OTHERS

Complimenting someone is always a great way to show someone you care. A compliment gives a natural boost of energy to someone, and is an act of kindness that makes you feel better as well. Criticizing produces negativity and leads to nothing good.

14. FORGIVE OTHERS VS. HOLD A GRUDGE

Everybody makes mistakes; it’s human. The only way to get past the mistake is to forgive and move on. Dwelling on anger only makes things worse - for you.

15. KEEP A “TO-BE” LIST VS. DON’T KNOW WHAT YOU WANT TO BE

A “To-Be” list is a great way to strategize for the future. I want to be an elected official one day. I want to be a TED speaker. I want to be the CEO of a public company. I want to be a great father and husband. Unsuccessful people have no idea what they want to be. If you don’t know what you want to be, how can you achieve success? What do you want to be?

16. Have Gratitude vs Don't appreciate others and the world around you.

Moments of gratitude, each and every one, transform my life each day- and unquestionably have made me more successful and more happy. The people who you are grateful for are often the ones who have a huge part in your success. Be sure to thank everyone you come in contact with and walk with a spirit of gratitude and appreciation and even wonder, about the world around you. Gratitude is the ultimate key to being successful in business and in life.

Breaking the “Glass Ceiling”

A glass ceiling is a political term used to describe "the unseen, yet unbreakable barrier that keeps minorities and women from rising to the upper rungs of the corporate ladder, regardless of their qualifications or achievements.

The “glass ceiling” still exists for women in the workplace — despite statistics that indicate females’ pay rose faster than males’ during the past decade.

Do you feel that you've gone as far as you can with your current employer?

Despite knowing that you have much more potential, is there a limit for "people like you" in your organization?

If so, you've hit what's known as the "glass ceiling." This is the point at which you can clearly see the next level of promotion – yet, despite your best effort, an invisible barrier seems to stop you from proceeding.

Traditionally, the glass ceiling was a concept applied to women and some minorities. It was very hard, if not impossible, for them to reach upper management positions. No matter how qualified or experienced, they simply were not given opportunities to further advance their careers.

Today, there are many more women and minorities in powerful positions. However, the glass ceiling is still very real. And it's not always limited to gender or race.

Have you been pushed up against a glass ceiling? This can happen for many different reasons. Are you too much the champion of change? Do you have difficulty communicating your ideas? Are you quieter and less outgoing than the people who get promotions?

Whatever the reason, you have a choice. You can accept your situation and be happy with looking up and not being able to touch what you see, or you can smash the glass with purpose and determination.

If you do, indeed, want to break through that glass, here are some steps to take.

1.   You want to break through rather than shatter the glass ceiling.  If enough women break through, the ceiling will shatter on its own.  But if you, as an individual, try to shatter it on your own, you are more likely to fail.

2.     Do not ask for permission for a seat at the table. It’s too much like a child asking to sit at the grown-up table at Thanksgiving.  Demonstrate why you should be there.  If you’re still not invited, consider showing up uninvited, but  the risk of marginalization is even greater.

3.     Play the talent card.  You should be recognized for your talent, not your gender.  If you focus too much on your gender, you undermine your talent.  Don’t be afraid to let others know your accomplishments. Confidence can be displayed with humility. They are not mutually exclusive

4.     Pick your battles. If you don’t choose your battles wisely, you will spend your life fighting battles rather than advancing your career.  When men go to strip clubs while away on business, that’s a battle worth fighting.  When a guy says “guys,” perhaps let that one go.

5.     Don’t get stuck in affinity groups. Affinity groups for women can be great, particularly where there are entrenched boys’ clubs.  Jim Beam is often the de facto head. But affinity groups are a means to an end and not an end in of themselves.  Focus on gender-related obstacles in the context of overcoming them and overcome them outside of the affinity group.  While a safe place, the affinity group should be a launching pad and not a landing pad.

6.     Create alliances with men.  Seek male mentors and mentor men -- as well as women mentors and mentees.  Whatever you do, don’t segregate yourself. Men as a gender are not the enemy.  Troglodytes of both genders are. Find men who get it and support and seek their support.

7.     Frame women’s issues as human issues and raise them in the context of business issues.  For example, while women and men alike have work-life balance issues, women are still more likely than men to have primary caregiver responsibilities.  How does limiting the potential of caregivers limit your organization’s profit potential? Don’t get me started.

8.     Don’t assume all women are allies.  Some women are harder on women than they are on men. Don’t try to change them.  Align with women who favor equal opportunity and who support both women and men who face challenges.  In this context, also stay away from women who only help women or who bash men as a competitive support.  These women create business and legal risks.

9.     Don’t ignore the micro-inequities which, when taken together, create macro exclusions.  We all know that lunches, golf outings, etc. are opportunities to bond and share information, etc.  Ask men to lunch.  Plan outings that include men and women.  Create your own micro-equities.  If you are not invited to the party, throw a better one. 

10.        Be yourself.  Don’t try to out-man Cro-Magnon man.  Knuckle drugging is not becoming of men. It is no more becoming of women, either.  So speak with your own voice and don’t go through life quietly. I know I don’t!       

SEVEN  WAYS TO MAKE  A  GOOD INTERVIEW 

 IMPRESSION............

Before the interview begins, job-seekers must make an interpersonal connection with the interviewer. The basics of a firm handshake and a warm, I’m-happy-to-be-here expression set the tone.

Now onward with tips on how preparation can make your initial impression a good one:

1.   Be on time. As one CFO recently said, “If you’re not 10 minutes early, you’re late.” If you’re even a minute or two late, that reflects poorly on you. Get specific directions, especially if you have to navigate an unfamiliar building. Plan to arrive early, but not too early. Bursting into an office at 9:40 for a 10:00 interview shows a lack a concern for your interviewer’s schedule. Instead, get to the site early, use a mirror to check for any grooming emergencies, and rehearse a few of your answers.

2.   Be enthusiastic, but not over the top. It’s important to show genuine interest in the job and in the questions asked, but don’t be three-cups-of-coffee maniacal. Maintain an amiable, even-keel demeanor.

3.   Practice, practice, practice. In the days before your interview, go over questions you expect to be asked. Then, out loud, answer those questions. Best Method is role-playing with a friend or significant other so that they can provide feedback on your answers. If you’re having trouble with a practice answer, write out or type your responses, then practice those words. Two questions to be sure to practice answering: Why are you interested in this job? Why are you looking to leave your current job?

4.   Print copies of your resume and other materials the night before. If you’ve been given a list of people you’ll be talking to, email materials in advance. It is an easy way to make sure you don’t run out of copies, and it gives your interviewers prep time as well.

5.   Don’t eat garlic fries, or a box of chocolate , before the interview. But eat something; you’ll need the energy. No matter what you choose to eat, stopping to check your teeth is probably a good idea. It’ll also help you practice another skill you’ll need to make a good impression: Smiling.

6.   Watch your language. This should go without saying, but apparently some people get excited telling a story, and they might drop a no-no word in there. Bad move, especially before a hiring manager has had time to form an opinion.

7.   Be prepared with your own questions. This will show you’ve done research and that you’re thinking seriously about the job. If an interviewer asks a job candidate, “Do you have any questions?” and the answer is a casual, “Nope, I’m good,” then, no, that’s not good. “If I hear that, I’m pretty close then to saying the interview is over,”.

                                       ................ ALL THE BEST