Why Your Company Must Conduct Anti Sexual Harassment Trainings

Written by: Karan Arora

For years, experts in the fields of economics, medicine and sociology have researched on the ill-effects of sexual harassment at the workplace. Most countries, including ours, have laws to prevent and redress acts of sexual harassment in the workplace. Despite this many companies fail to prevent sexual harassment in the workplace due to their failure to conduct Anti-Sexual Harassment Training for their employees. The #MeToo and Time’s Up movements in recent times have shown that instances of sexual harassment in the workplace can tarnish a company’s public image and trigger a loss of confidence in employees about how safe the workspace is for them.

Anti-sexual harassment training (hereby, ‘ASH training’) is one of the most important an employer can do to prevent harassment and other inappropriate conduct in the workplace. Here are 5 reasons why your company should conduct ASH training.

Reduces Legal and Financial Liability

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, places a duty on the employer to organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act. This exercise is a legal mandate and failure to undertake it will result in a fine which may extend to Fifty Thousand rupees (₹50,000).

Companies that are repeat offenders can be fined twice as much as they were for the previous offense, and could even be subject to the cancellation of any licenses, registrations or permits that they may require to undertake their business. A penalty of ₹50,000 can take a huge toll on the finances of any small or medium sized enterprise.

While the penalty for the first offence under the PoSH Act might not be a heavy one for a large company, getting registrations and licenses revoked for repeated offenses can result in large costs and losses to the offender-company. Losses accrued from halted operations combined with the time and costs associated in re-applying for a registration or license can total up to a very large amount. Regularly conducting ASH training could help prevent this.

Ensures employees feel safe at work and are able to be productive

Being subject to or witness to sexual harassment in the workplace can be a harrowing experience and can take a toll on the victim’s/witness’ mental and physical health. The more individuals encounter sexual harassment in the workplace, the more they report symptoms of depression, stress and anxiety. This is also accompanied by a general impairment of psychological well-being.

A study conducted in the United States found that 1 in 5 self-identified sexual harassment victims met the criteria for a DSM-IV diagnosis of Major Depressive Disorder, and 1 in 10 described symptoms consistent with Post Traumatic Stress Disorder (PTSD). This can have an impact on the individual’s performance in the workplace and result in increased costs for organization due to lower productivity and commitment (Pearson et al, 2000).

According to a study conducted by Deloitte in Australia in 2018, workplace sexual harassment imposed a number of costs – $2.6 billion in lost productivity (or $1,053 on average per victim) and $0.9 billion in other costs (or $375 on average per victim). At an average weekly wage of $1,244 across the Australian economy, each case of workplace sexual harassment resulted in approximately four working days of lost output. The study also revealed the significant losses that resulted from absenteeism – 28% of total costs were due to an employee’s failure to report for or remain at work as scheduled, due to the fear and discomfort caused by sexual harassment in the workplace.

In Deloitte’s study, workplaces with a greater number of instances of workplace harassment also suffered from higher employee turnover rates. This can be attributed to the previously mentioned psychological side-effects of workplace harassment. Staff turnover contributed the greatest to loss in productivity and associated costs amounted to the 32% of the total costs of sexual harassment in the workplace.

While these surveys were not undertaken in India, they provide a fair idea about the impact sexual harassment has on workplace productivity. Conducting regular anti-sexual harassment training makes the workplace safer, assuages the fears & discomfort of employees, increases employee satisfaction, reduces employee turnover and saves companies from the massive costs associated with lower productivity.

Information on the legal rights of someone accused of sexual harassment

While a large part of anti-sexual harassment training is focused on the prevention and redressal of sexual harassment of employees in the workplace, effective ASH training also educates employees about their legal rights if they are accused of sexual harassment.

Every employee accused under the PoSH Act is afforded certain rights by the Act which help protect the accused’s interests. This is essential information since most sexual harassment redressal proceedings are conducted without the presence of legal counsel. Being aware of one’s rights can prevent wrongful convictions and prolonged legal battles. Employees are also educated about the redressal procedure, and trained to point out wrong practices during an IC proceeding. Lastly, employees are made aware of their rights if they are falsely accused of sexual harassment. Anti-sexual harassment training ensures that the PoSH Act and its provisions are not used as a tool of retribution to settle scores, and that employees are protected from false complaints.

This training also extends to educating the IC (Internal Committee) members on the best redressal practices. While a complaint of sexual harassment is not redressed in a court-like environment, the IC proceedings are still quasi-judicial in nature. This requires IC members to understand the principles of natural justice, ensure that IC proceedings are unbiased, maintain privacy of all complaints, and ensure that individuals are not held guilty before an in-depth investigation finds them guilty of the acts they are being accused of.

Communicates that the workplace has zero-tolerance for sexual harassment

While most companies today boast of a ‘zero tolerance for sexual harassment’ policy, it is difficult to ensure that your workplace has zero tolerance without anti-sexual harassment training.

Anti-sexual harassment training educates employees about what kind of conduct constitutes sexual harassment, teaches them how to file a complaint, encourages employees to report any questionable behavior that makes them feel uncomfortable, sensitizes managers and higher-level staff on matters pertaining to sexual harassment, educates IC member on how to process complaints and trains bystanders on how to intervene if they are witness to sexual harassment. All of these elements come together to create a workplace that has zero tolerance for sexual harassment.

Undertaking rigorous and periodic anti-sexual harassment training also sends out a strong message from the top to the workforce that the Company is taking a strong stand against sexual harassment.

Makes all kinds of workplaces safer

The PoSH Act expands the definition of the term ‘workplace’ to include any place a woman employee visits out of or during the course of employment. This also includes transportation provided by an employer for the purpose of commuting to and from the place of employment. However, most employees are unaware about this concept of an ‘extended workplace’. This, combined with the fact that most employees are required to visit a diverse set of venues and locations during the course of their employment results in most instances of sexual harassment outside the official workplace go unreported. These locations continue to remain unsafe for employees since the IC is unable to take any action against the perpetrators.

Anti-sexual harassment training specifically focuses on educating employees about the concept of an ‘extended workplace’ and encourages them to report instances of sexual harassment outside of the official place of work. When instances of sexual harassment are reported, the IC and the company can take action against the accused, thereby, making these locations safer for anyone who visits. It also means that non-official work environments, such as a work-from-home environment are made better by bringing them within the IC’s jurisdiction.

Conclusion

The 5 reasons mentioned proves one thing – no longer can companies afford to ignore the importance of ASH training. But with no set standards or regulation for ASH training, there is no guarantee that any ASH training will make your workplace a safe and productive place to be in.

This is where we, at Ungender, come in. Our tailored programs for anti-sexual harassment training have enabled 300+ organizations with over 1,00,000 employees to build safe and inclusive workplaces. Our training sessions are customized keeping in mind industry dynamics, your organization’s culture and the base level understanding of your workforce. Reach out to us at contact@ungeder.in for your ASH training needs.

About The Author: Karan Arora is a final year law student with a keen interest in labour laws and labour compliance.

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.