Play safe at startups

 

Sexual harassment has made an ugly return among start-ups. In February this year, Uber and TVF were troubled by cases alleging sexual harassment.

While definitely not a one-way street, in most cases it is the men who are reported to have made advances towards their female colleagues. There have also been cases of sexism and misogyny, in situations of 'abuse of power' and exploitation, according to experts.

Following the rules set by the Supreme Court in 2013 on 'The Sexual Harassment of Women at Workplace', many domestic employers, worried about potential trouble, have adopted or are adopting anti-harassment policies.

At a time when the start-ups culture is maturing in India and generating a significant number of jobs, how can we ensure safety at the workplace?

We have put together a guideline selection from the Act for both the entrepreneur and the employee:

  • HR policies should include clauses which cover all discrimination disputes, including sexual harassment claims. Clear and comprehensive rules should be laid down on what is appropriate and what is not.
  • The Sexual Harassment of Women at Workplace Act, 2013, is a mechanism allowing for redressal of complaints from women. Apart from this, the Act also has safeguards against false or malicious charges, includes 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment.
  • The Sexual Harrasment Act includes organisations, department, office, branch unit etc. in the public and private sector, organised and unorganised, hospitals, nursing homes, educational institutions and even non-traditional workplaces which involve tele-commuting will get covered under this law. The committee is required to complete the inquiry within 90 days. On completion of the enquiry, the report gets sent to the employer or the district officer, as the case maybe. They are mandated to action on the report within 60 days.
  • As per Prevention of Workplace Sexual Harrasment Act (PWSHA), ‘sexual harassment’ includes unwelcome sexually tinted behaviour, whether directly or by implication, such as physical contact and advances, demand or request for sexual favours, making sexually coloured remarks, showing pornography or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
  • According to PWSHA, employer should provide a safe working environment. They should formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace. Employer should also treat sexual harassment as a misconduct under the service rules and initiate action for misconduct.
  • Victims of harassment should get access to public courts, information as provided by the rules of evidence and civil procedure.
  • Women should feel safe telling their stories to the HR people who might have been hired by the same company executive who has been implicated in the case.
  • Organizations should create a culture of ‘openness’ where people can discuss sensitive issues like sexual harassment.
  • There should also be a ‘sexual harassment women’s committee’ within the organization who can be approached.
  • Companies should hold training sessions on ‘sexual harassment’ with their employees across the country. There should be more awareness on such issues.
  • There must be mandatory car drop facilities for women working till late.

 

What kind of reforms in HR policies with regards to ‘safety of women’ have you incorporated in your company? What kind of rules should be made mandatory? Please share your views…

 

Meghna Maiti

 

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