10 Things HR Managers Must Do To Prevent Sexual Harassment At Work

Sexual harassment is an issue that plagues much of the Indian workplace. It’s something that companies should be diligent about preventing and know how to handle in the event that such a situation arises. It’s the HR’s responsibility to ensure compliance. They can adopt PoSH policies and do the following 10 things to make the workplace safe for employees.

Turn Employees Into Preventers

Bystander training must be included in the PoSH policy. This could be the answer to how to surface concerns before they turn into full-blown harassment. It’s a newer concept—college campuses have already been using it to combat sexual assault. Bystander training shows employees when and how to intervene when someone is harassing another person. It can counter what’s known as “the bystander effect,” which is when people are less likely to step in during a conflict in the presence of others since they believe others will do so first. Now it is the job of an HR to give the employees that courage and safety to intervene during a conflict.

Establish Company Norms

Companies that are successful at creating such atmosphere where all of the staff, or at least all of the senior staff, regularly attend training sessions on what behavior is not appropriate, and what realistic steps to take if and when one either witnesses or is a victim to sexual harassment are doing great in combating sexual harassment. It is important that HR communicates to employees early and often about what the proper procedures are if someone is experiencing unwanted sexual advances or inappropriate remarks, so it is less likely to escalate to full-on assault.

Rise Above Labels And See People

It is important for an HR to recognize that anyone can be a victim of harassment, whether they’re male or female, straight or gay, or if they identify differently. Many workers who are LGBTQ are particularly vulnerable to harassment, sexual or otherwise. Even straight men in high positions within the company are not immune to sexual harassment. It is important to take every report seriously, and investigate with the goal of finding the facts — not working backwards from an assumed answer. If there is one goal for HR departments, it is that they are seen as “the good cops” and not looked at as another obstacle. HR within a company should do everything they can to be seen as a place to go to for help, not the department that keeps employees from reporting sexual harassment. They should, ideally, be seen as quick to act, but still impartial. If an issue is resolved with the accuser, and if ever possible, even the accused, thinking, “That was fair,” HR has done its job well.

Make It Easy To Report Harassment

HR should ensure that the company has multiple methods of reporting sexual harassment, including anonymous reporting. They should also be sure that whatever these avenues are, they should be well-known to the employees. For example, include these methods in the ‘Employee Handbook’, on its web site, and on its local intranet. It should also be made clear that there is no such thing as a high threshold for harassment. Anything that makes an employee uncomfortable may be reported. This goes from the classic “Sleep with me or lose your job” harassment to staring and unwanted and “accidental” touching. All such small acts come under the definition of sexual harassment under the PoSH act. Harassers continually push the limit to see what they can get away with, and harass many people in small ways before finding a target to make a big move on. Early action on small acts may prevent a larger one in the future.

Go Beyond Training And Take New Steps

Human Resources should be prepared to do more than what is needed. Training has to be seen as being helpful, not a punishment. While it is admirable that a company will take steps to correct a misdeed, it’s better to have an ongoing conversation about this topic. The definition of sexual harassment is something that needs to be constantly talked about – the definition, according to the POSH act, can include “sexual harassment” or unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature.”

Protection Against Retaliation

Human Resources needs to create a fearless environment in the company so that when an employee wants to report harassment, they shouldn’t be apprehensive and scared because of the hostile treatment they may receive. The employees need to know that the company is there to help. For this reason, the HR department may want to include a clause indicating that employees will not be penalized or reprimanded for reporting harassment. Not only will this help employees, but it may actually get them to report harassment before it gets worse or more dangerous.

Creating A Zero Tolerance PoSH Policy

An important part of preventing harassment claims and protecting a business is a written PoSH policy stating that harassment will not be tolerated. It must be remembered that the law requires every company to have a sexual harassment policy. A POSH policy should contain:

a definition of harassment

a harassment prohibition statement

a description of your complaint procedure

a description of disciplinary measures

a statement of protection against retaliation

Create Awareness

It’s important to remember that as an HR, you can’t bury your head in the sand if harassment is coming from a non-employee. If a customer, vendor, subcontractor or independent contractor is harassing one of your employees, you still have an obligation to protect them from harassment in the workplace. Similarly, the Company shouldn’t ignore complaints from clients, vendors or other third parties alleging that one of your employees has harassed them. Under all circumstances, HR should investigate claims and handle situations accordingly.

Proactive Responses

The HR department needs to be proactive in all situations whether it is about adopting an effective PoSH policy or conducting training sessions. Following an investigation, they should be prepared to document their findings and take any necessary corrective action. They should never ignore a situation; an HR must shield employees against bad acts and if an employee doesn’t feel protected, litigation is a likely result.

Inclusion Of Women In Leadership

Time and again many organizations have experienced that one of the most effective ways in preventing sexual harassment at the workplace is by hiring more women and promoting women to leadership positions. While factors, like employee training are important, the climate of a company innately lies in the mindset and behavior that is encouraged within the company. Leaders speaking openly about their intolerance toward sexual harassment, promoting women to leadership roles and intervening when you witness misconduct go a long way in creating that desired environment.

Ungender Insights is the product of our learning from advisory work at Ungender. Our team specializes in advising workplaces on workplace diversity and inclusion. Write to us at contact@ungender.in to understand how we can partner with your organization to build a more inclusive workplace.