GLOSSARY

Workplace Harassment

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Workplace harassment is a profound organisational problem that affects employees' mental well-being, productivity, and workplace culture. Harassment can happen in many forms, including verbal, physical, and psychological, and often leads to a toxic workplace culture, stress in the workforce, and employee turnover. Harassment detracts from the fundamental responsibility of an organisational unit in the workplace, as well as being a legal responsibility for employers. At both the national and global levels, workplace harassment legislation has begun to protect employees and work towards a more equal workplace.

Globally, 23% of employed persons experienced at least one form of violence or harassment at work (physical, psychological, or sexual). 46.58% of women in India have reported sexual harassment in the workplace, while only 3.54% of women formally reported it. An example of legislation in India is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Organisations can provide safer and inclusive workplaces by educating individuals on harassment, including its causes and types, and developing clear policies around such behaviour.

What is Workplace Harassment?

Workplace harassment encompasses any unwelcome conduct, behavior, or act, verbal, physical, or psychological, that creates or could create a hostile, intimidating, or offensive workplace environment. It hurts the dignity, well-being, and productivity of an employee, and it may even violate the ethics of professional and organizational conduct.

Workplace harassment can include discrimination, bullying, verbal abuse, exclusion, and inappropriate physical behaviour. Workplace harassment is damaging to an employee's mental and physical health, impacts the culture of the workplace, diminishes workplace morale, and reduces productivity overall.

In India, the Workplace Harassment Act (POSH Act, 2013) was introduced to prevent and address sexual harassment at the workplace. This act requires organisations to create Internal Complaints Committees (ICC), provide a safe workplace, and fair processes for employees who face harassment.

What are the Causes of Workplace Harassment?

Workplace harassment does not happen randomly or without cause. It is often the result of weaknesses in the organisation, personal inadequacies, or abuse of power. Here are some common causes listed below:

1. Power Imbalance

When managers or senior staff misbehave with power, they open the door for harassment opportunities. The power imbalance makes it difficult for victims to complain or come to their own defence. This results in fear and silence in the workplace.

2. Poor Workplace Culture

A toxic culture that accepts bullying, gossip, or disrespectful behaviour often normalises harassment. Without strong guidelines, harassment is easy to rationalise over time, causing damage to trust and overall employee morale.

3. Lack of Awareness

Employees may not understand what harassment is or how to report harassment and therefore continue with harmful behaviours that are not recognised as harassment. Awareness training can help reduce this risk in a dramatic way.

4. Individual Insecurities

People use bullying or threatening behaviour to mask their own insecurities or deficiencies. They bully or intimidate others to gain control or power. Sometimes bullies feel like they have control or superiority over others. Many times, people bully out of low confidence or jealousy.

5. Lack of Policies and Enforcement

Individuals also feel unprotected when organisations do not have strong anti-harassment policies or ensure they are enforced. This lack of responsibility to punish bad behaviour increases the amount of harassment. By ensuring policies are enforced, it is possible to create a culture of accountability and safety.

What Are the Different Types of Workplace Harassment?

Workplace harassment can appear in many forms, and not all of them are easy to identify. Recognising these types helps employees and employers address them early and create a safe workplace. Here are the different types of examples of workplace harassment:

types of workplace harassment

1. Verbal Harassment

Verbal harassment includes unwelcome jokes, offensive comments, insults, threats, or constant criticism. These are all the types of words that could humiliate or frighten employees and ultimately create a hostile and unsafe workplace atmosphere. In addition, all types of verbal harassment will lower one's self-confidence, especially over time.

2. Physical Harassment

Physical harassment includes any physical contact by an individual. This could be inappropriate touching, pushing, or using threatening gestures. Physical harassment can be scary for an employee and dangerous for employee safety. Physical harassment often requires very strict and concrete prohibitions.

3. Sexual Harassment

Sexual harassment can consist of sexual advances, unwelcome sexually themed comments, or unwelcome unreasonable demands for sexual favours. This is a serious type of harassment and one of the most damaging to an employee's mental health and level of job satisfaction. In India, sexual harassment relating to the workplace is defined in the POSH Act, 2013.

4. Psychological Harassment

This is related to isolating an individual, spreading false rumours about them, manipulating the situation to induce undue stress, etc. Psychological harassment may not be observable and may result in long-term consequences for employee's overall well-being . Psychological harassment can negatively impact an individual's productivity and engagement.

5. Cyber Harassment

Using digital tools, harassment can happen through emails, messaging, social media, etc. Cyberbullying and offensive communication over a digital platform (abusive language, threats, and explicit content, or defamatory comments) can be equally harmful. There is an obligation to monitor these digital spaces to create safe working environments .

How to Prevent Workplace Harassment?

Preventing workplace harassment requires a proactive approach from both employers and employees. Building a safe, respectful, and inclusive environment can reduce the chances of misconduct and promote trust. Here are five simple ways to prevent it:

how to prevent workplace harassment

1. Clear Workplace Policy

Organisations need to develop effective anti-harassment policies that clearly communicate unacceptable conduct. Each policy needs to be communicated to every employee. Periodic reminders while working ensure everyone knows what they are responsible for.

2. Regular Training Programs

Awareness is one way to train employees to recognise and understand harassment. It will also educate organisation managers on how to resolve complaints equitably. Ongoing training reinforces a culture of respect.

3. Encourage Communication

Employees must feel that they can communicate concerns without retaliation. Confidential reporting systems are important. Transparency is important to demonstrate that the organisation takes reports and fairness seriously.

4. Model Leadership Example

Leaders should model respectful behaviour every day, as this is meant to be the expectation of the organisation. The greater the integrity shown by managers, the more likely that employees will model their behaviours. This reinforces that the workplace is free of harassment.

5. Respond Promptly and Fairly to Complaints

All complaints must be addressed in a timely and impartial way. Failure to address a complaint sends a message that harassment is permissible. Employees must feel safe and trust that the organisation will take action. Clear communication of the outcomes of investigations provides additional assurance in the process.

What Should be Included in a Workplace Harassment Policy?

A clear workplace harassment policy helps protect employees and ensures a safe, respectful work environment. It sets the right expectations and provides a framework for action. Below are the key elements that should be included:

1. Definition of Harassment

The policy needs to make clear what harassment in the workplace includes, such as verbal, physical, sexual, and psychological harassment. When employers have a clear definition of what harassment is, their employees will have a better understanding of what is inappropriate behaviour. This also delineates boundaries around their expectations of acceptable behaviour.

2. Scope of Application

The policy must explain who it applies to (employees, managers, subcontractors, and even visitors). Defining the scope ensures there will be no surprises about what the standards are for everyone. It also communicates that harassment will not be tolerated by any person.

3. Reporting Process

Employees must know how and where to report harassment. The reporting process should be confidential, safe, and simple so that they feel comfortable and encouraged to report it. The more methods of reporting that are available, the more confidence the employee will have in the reporting process.

4. Procedures for Investigation

The policy must specify how complaints will be investigated in a timely, impartial, and unbiased manner. The process should also identify specific timeframes, be impartial, and communicate expectations. This lets employees know the issue will be taken seriously.

5. Consequences and Disciplinary Responses

The policy must identify what actions are to be taken towards those who violate the policy. This could include anything from a warning to termination based on what was done and how serious it is. Written consequences reinforce accountability and deter misconduct.

What are the Legal Considerations of Workplace Harassment?

Workplace harassment is a serious concern, and in India, specific laws and guidelines protect employees against such behaviour. Organisations must be aware of these legal considerations to ensure fairness, compliance, and a safe working environment.

1. POSH Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is the primary legislation in India. It requires employers to set up an Internal Complaints Committee (ICC) and take steps to prevent harsh and prohibited acts of sexual harassment.

2. Labour Laws and Workplace Safety

Labour laws in India focus on the safety and well-being of the employees in the workplace. It is a statutory requirement that you must have a safe place that is free from harassment, discrimination, and harm.

3. Equal Remuneration Act, 1976

This act provides equal pay, equal treatment, and equal access for men and women. Discrimination and harassment based on gender during remuneration or promotion decisions can be challenged in law and are considered unlawful.

4. Indian Penal Code (IPC) Provisions

Certain types of workplace harassment, such as physical harassment, stalking, and verbal abuse, are sanctioned under the IPC. Offenders can receive fines, jail sentences, and or both based on severity.

Is Workplace Harassment Illegal?

Yes, workplace harassment is legally not allowed in India and is covered under various laws, which include the POSH Act, 2013, labour laws, and the provisions of the Indian Penal Code. Harassment in any form, whether verbal, physical, or psychological, is an offence. Employers must take steps to prevent it and protect their employees from harassment by establishing a safe environment and a respectful workplace.

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