1) A survey by EY finds that while many companies have taken initial steps to comply with India's law against sexual harassment, such as forming internal committees, true compliance and awareness remains low.
2) Areas that require more work include training internal committee members, publicizing consequences of harassment, and ensuring employees understand their rights and reporting procedures.
3) Non-compliance can result in penalties for companies, but handling complaints properly is also important to avoid reputational damage from mishandled cases.
In finance-public-perception-of-abc-compliance-efforts-noexpAjeet Singh
This document summarizes the key findings of a survey conducted by Deloitte Forensic (India) to understand public perception of anti-bribery and corruption compliance efforts in India. Some of the main findings include:
- While 88% of respondents would not feel comfortable working for a corrupt company, many are unaware of their own company's anti-corruption policies and training.
- 57% feel their senior management is not doing enough to address corruption risks. Clear communication from leadership is needed.
- A majority (71%) feel corruption can be eradicated if employees make it a personal responsibility and leaders lead by ethical example.
- However, challenges remain like unrealistic targets, limited communication, and a
R2P Community Impact Guide 2013 8 22 (2)Julie Sweeney
This document summarizes guidance from the Equal Employment Opportunity Commission (EEOC) on how employers can safely limit the use of criminal records in hiring. It discusses how overuse of criminal records disproportionately impacts minority communities and can violate anti-discrimination laws. The EEOC guidance encourages individualized assessments of criminal histories that consider the nature of the offense, time since conviction, and relevance to the job. It recommends against blanket bans and considering arrests without convictions. The document provides best practices for employers, such as not asking about convictions initially, only using conviction records, limiting how far back convictions are considered, and giving applicants a chance to challenge reports. It encourages community members to educate employers on these issues.
This document summarizes the key findings of research conducted by Transparency International on anti-corruption efforts in six South Asian countries. It finds that while countries have passed some anti-corruption laws, political interference and lack of independence weaken enforcement. Citizens face challenges accessing information and there is little whistleblower protection. As a result, corruption is increasing and accountability is lacking. The report calls for strengthening rights to information, whistleblower protection, and the independence of anti-corruption agencies and judiciaries.
Seven Hiring Mistakes that Could Cost You ThousandsPatrick Barnett
This document discusses 7 common hiring mistakes that can cost companies thousands of dollars:
1. Not conducting thorough criminal background checks in all relevant counties and databases. Incomplete checks increase the risk of negligent hiring lawsuits.
2. Failing to use proper consent and disclosure forms required by the Fair Credit Reporting Act (FCRA) when conducting background checks, which can result in large fines.
3. Ignoring FCRA requirements to notify applicants and give them a chance to respond before taking adverse action based on background check results.
4. Not adjusting background check policies to comply with FCRA, state laws, and EEOC guidelines, which can also result in fines or lawsuits.
GoodHire is a mission-led company dedicated to rehumanizing the process of employment and community screening, ensuring companies and candidates alike are treated fairly and with respect.
FINAL Employers Guide to Best Practices 2013 (1)Julie Sweeney
The document provides guidance to employers on safely limiting the use of criminal records in hiring. It advises that the Equal Employment Opportunity Commission (EEOC) has issued guidelines for employers related to adverse hiring actions based on criminal history. The EEOC's guidelines reflect disparities in incarceration rates among different racial groups. The employer should consider the nature of any offenses, time passed since conviction, and relevance to the job. Failure to comply with these and other federal laws like the Fair Credit Reporting Act (FCRA) could result in legal liability for employers.
The Driving Analysis System through Wireless NetworkIOSR Journals
The document summarizes a study on the process of obtaining a driving license in India. It finds that on average individuals pay about twice the official amount, around Rs. 1,080, to obtain a license. Only 41% of license holders took the required driving test. Additionally, 54% of license holders failed an independent driving test, showing they were unqualified. This suggests corruption is distorting the license allocation process, with many unqualified drivers able to obtain licenses. A ban on agents at one regional transport office was bypassed as individuals obtained licenses elsewhere, showing isolated measures may not be effective at reducing corruption.
Corruption is widespread in India according to the document. India ranks 84th out of 180 countries in transparency. The economy was subject to extensive regulation and public ownership from the 1950s to 1980s, leading to corruption. A 1993 report found criminal networks connected to politicians were virtually running a parallel government. Computerization and right to information laws have helped reduce corruption, but it remains a significant problem, especially in certain states and sectors like the police and judiciary.
In finance-public-perception-of-abc-compliance-efforts-noexpAjeet Singh
This document summarizes the key findings of a survey conducted by Deloitte Forensic (India) to understand public perception of anti-bribery and corruption compliance efforts in India. Some of the main findings include:
- While 88% of respondents would not feel comfortable working for a corrupt company, many are unaware of their own company's anti-corruption policies and training.
- 57% feel their senior management is not doing enough to address corruption risks. Clear communication from leadership is needed.
- A majority (71%) feel corruption can be eradicated if employees make it a personal responsibility and leaders lead by ethical example.
- However, challenges remain like unrealistic targets, limited communication, and a
R2P Community Impact Guide 2013 8 22 (2)Julie Sweeney
This document summarizes guidance from the Equal Employment Opportunity Commission (EEOC) on how employers can safely limit the use of criminal records in hiring. It discusses how overuse of criminal records disproportionately impacts minority communities and can violate anti-discrimination laws. The EEOC guidance encourages individualized assessments of criminal histories that consider the nature of the offense, time since conviction, and relevance to the job. It recommends against blanket bans and considering arrests without convictions. The document provides best practices for employers, such as not asking about convictions initially, only using conviction records, limiting how far back convictions are considered, and giving applicants a chance to challenge reports. It encourages community members to educate employers on these issues.
This document summarizes the key findings of research conducted by Transparency International on anti-corruption efforts in six South Asian countries. It finds that while countries have passed some anti-corruption laws, political interference and lack of independence weaken enforcement. Citizens face challenges accessing information and there is little whistleblower protection. As a result, corruption is increasing and accountability is lacking. The report calls for strengthening rights to information, whistleblower protection, and the independence of anti-corruption agencies and judiciaries.
Seven Hiring Mistakes that Could Cost You ThousandsPatrick Barnett
This document discusses 7 common hiring mistakes that can cost companies thousands of dollars:
1. Not conducting thorough criminal background checks in all relevant counties and databases. Incomplete checks increase the risk of negligent hiring lawsuits.
2. Failing to use proper consent and disclosure forms required by the Fair Credit Reporting Act (FCRA) when conducting background checks, which can result in large fines.
3. Ignoring FCRA requirements to notify applicants and give them a chance to respond before taking adverse action based on background check results.
4. Not adjusting background check policies to comply with FCRA, state laws, and EEOC guidelines, which can also result in fines or lawsuits.
GoodHire is a mission-led company dedicated to rehumanizing the process of employment and community screening, ensuring companies and candidates alike are treated fairly and with respect.
FINAL Employers Guide to Best Practices 2013 (1)Julie Sweeney
The document provides guidance to employers on safely limiting the use of criminal records in hiring. It advises that the Equal Employment Opportunity Commission (EEOC) has issued guidelines for employers related to adverse hiring actions based on criminal history. The EEOC's guidelines reflect disparities in incarceration rates among different racial groups. The employer should consider the nature of any offenses, time passed since conviction, and relevance to the job. Failure to comply with these and other federal laws like the Fair Credit Reporting Act (FCRA) could result in legal liability for employers.
The Driving Analysis System through Wireless NetworkIOSR Journals
The document summarizes a study on the process of obtaining a driving license in India. It finds that on average individuals pay about twice the official amount, around Rs. 1,080, to obtain a license. Only 41% of license holders took the required driving test. Additionally, 54% of license holders failed an independent driving test, showing they were unqualified. This suggests corruption is distorting the license allocation process, with many unqualified drivers able to obtain licenses. A ban on agents at one regional transport office was bypassed as individuals obtained licenses elsewhere, showing isolated measures may not be effective at reducing corruption.
Corruption is widespread in India according to the document. India ranks 84th out of 180 countries in transparency. The economy was subject to extensive regulation and public ownership from the 1950s to 1980s, leading to corruption. A 1993 report found criminal networks connected to politicians were virtually running a parallel government. Computerization and right to information laws have helped reduce corruption, but it remains a significant problem, especially in certain states and sectors like the police and judiciary.
Corruption is widespread in India according to Transparency International's Corruption Perceptions Index, though India's score has improved over time. Corruption exists at all levels of Indian politics, administration, and judiciary. It leads to loss of funds for the government and creates an unhealthy environment for investment. Efforts to reduce corruption have included right to information acts and computerization of records, but more work remains to curb corruption in India.
1. The document discusses various issues with the current electoral system in India such as the dominance of money and muscle power in elections, criminalization of politics, exceeding of legal financing limits, and voter intimidation.
2. It proposes several reforms such as using fingerprint-based electronic voting machines to eliminate bogus voting, imposing president's rule before elections to ensure fairness, and establishing a special court to ban criminals from contesting elections.
3. Additional reforms suggested include focusing on the "None of the Above" option, making political parties more accountable for their finances, and conducting more voter awareness campaigns.
Reducing the influence of money and muscle power in politics. Criminalization of politics has led to immense pressure on political institutions. Candidates with criminal records are attractive to political parties because they can often self-finance and raise large amounts of money. Reforms are needed to reduce the role of money in politics and prevent criminals from holding public office, such as limiting election spending, instituting an independent election commission, and establishing fast-track courts to expedite cases against candidates and elected officials.
THE IMPORTANCE OF POLICE TRAINING AND IT'S AFFECT ON COMMUNITIESMichael Daniels
The document discusses the importance of police training and its effect on communities. It argues that police training is underfunded in many states like Massachusetts, with less money spent per officer on training compared to other states. Less training can negatively impact police interactions with the public and their ability to de-escalate situations, particularly in dealing with mentally ill individuals. The document also examines studies that found officers with more education were less likely to use force and that training may help reduce racial biases. Overall, the document advocates for increased funding and support for police training to improve police services and community relations.
This document discusses corruption in India. It notes that corruption is widespread, though India's score on the Corruption Perceptions Index has improved over time. Corruption exists in politics, where many politicians face criminal charges, and in administration, where civil servants are seen as inefficient. Corruption also plagues the judiciary due to delays and shortage of judges. Several major scams are listed, and the effects of corruption include loss of funds and an unhealthy climate for investment. Anti-corruption efforts discussed include the Right to Information Act and computerization projects like BHOOMI.
The document discusses corruption in various government departments in Pakistan including education, police, taxation, health, and others. It notes that corruption is widespread and impacts these departments through non-merit based admissions, low salaries leading to bribe-taking, and lack of accountability. Corruption poses major obstacles to economic growth and development in Pakistan. Some of the largest corruption scandals in Pakistan are also summarized such as related to Hajj operations, a housing scheme, and misappropriation of funds in Balochistan. Steps needed to reduce corruption include improving transparency, accountability, and salaries while establishing the rule of law.
Corruption occurs at all levels of society and government. It affects the poor most by undermining development, democracy, and people's health. Main causes of corruption include low wages, lack of job opportunities, weak punishments, lack of transparency, and lack of accountability. Effects of corruption include lack of quality public services, improper justice, unemployment, poor health, pollution, accidents, and failure of genuine research. Corruption breeds disregard for officials and weakens society.
This document discusses the prevalence of money and muscle power in Indian politics as revealed by a survey conducted by the Association of Democratic Rights (ADR) over 10 years. The ADR survey found that candidates with criminal records have more financial assets than those without, and having a criminal record significantly increases one's chances of winning elections in 16 of 19 major Indian political parties studied. Recent elections in Karnataka also showed high average assets for winning candidates, with the richest having over Rs. 900 crore in assets. To curb these problems, the document suggests demonetizing high-value currency notes to reduce black money and strengthening the Right to Information Act to increase transparency in government.
This document discusses the various government agencies responsible for enforcing HIPAA regulations. The Office for Civil Rights investigates alleged HIPAA Privacy Rule violations. The Centers for Medicare and Medicaid Services is responsible for enforcing HIPAA Security, Transactions, and Code Set Rules and can impose penalties. More serious criminal cases may be referred to the Department of Justice or Office of Inspector General, which can exclude individuals from federal health programs.
How much-does-the-law-school-you-went-to-matter-when-you-lateral-firmsBCG Attorney Search
This document analyzes data from over 100 law schools on the number of interviews and placements their graduates received when seeking lateral moves at law firms. It contains 15 charts that examine trends from 2015-2016, comparing factors like school size and prestige. The data suggests the law school attended does influence hiring, with top-tier schools receiving more opportunities, though work experience is ultimately most important to firms.
Corruption involves misuse of power for unlawful gains such as bribery and theft. It costs over $1 trillion annually worldwide. A study found judicial corruption was prevalent in 30 of 48 countries. Corruption reduces government services, GDP by 20-40%, and deters foreign investment. The Malaysian Anti-Corruption Commission Act of 2009 prohibits bribery in public and private sectors, with fines up to 5 times the bribe and 20 years' imprisonment. Recommendations to reduce corruption include collaborating with government and non-government groups, increasing public sector wages, education, zero tolerance for convicted officials, empowering citizens, and strict enforcement.
Corruption could be an important obstacle to business in Pakistan, and firms ought to expect to frequently encounter felony or different corrupt practices. Corruption is rampant altogether sectors and establishments.
Corruption is widespread in India according to Transparency International's Corruption Perceptions Index, though India's score has improved over time. Around a fourth of Indian parliament members face criminal charges including human trafficking, embezzlement, and murder. Corruption also plagues the administration and judiciary, slowing processes and enabling theft of state resources. The effects of corruption include losses to the exchequer, an unhealthy climate for investment, and increased costs for government services totaling an estimated Rs. 21,068 cr. for petty corruption alone in basic public services.
www.pollreformindia.com
Our Aim: If we want to dream of a society, free of 3c’s (Communalism, Casteism and Corruption) then we would like to see these provisions implemented in letter and in spirit , so that we can create Mahatma’s India.
This document discusses pre-employment background investigations that employers conduct, including drug/alcohol screening, criminal records checks, and other types of investigations. It notes that drug/alcohol screening is common and can be done through blood, urine, or hair tests, with urine being the most frequent method. Criminal records checks vary in scope from just the state to a full FBI records search, but employers must consider arrests separately from convictions due to bias. Overall, background checks aim to protect employers and customers but also require complying with laws around medical privacy and bias.
While many organisations have implemented a whistleblowing mechanism, our survey findings indicate that there has not been a significant investment in the implementation of these, and there is a lack of awareness as well.
This document contains multiple news stories and articles on various topics:
1. Cobrapost exposes alleged money laundering by 10 more Indian banks while RBI remains hesitant to acknowledge the problem.
2. iGate fires CEO Phaneesh Murthy for failing to disclose a relationship with a subordinate in a sexual harassment complaint, the second such incident for Murthy.
3. FINRA fines three firms a total of $900,000 for failing to establish adequate anti-money laundering programs and supervisory systems to detect suspicious transactions.
AuthBridge Newsletter Issue 4- Wide Influence of Background Screening AuthBridge
The practice of Employee Background Check has moved beyond the realms of corporate environment. AuthBridge adds value to an organisations' background screening processes and makes hiring more robust. For more info please visit http://bit.ly/17QENuE
You can also visit www.authbridge.com
This document proposes a comprehensive sexual harassment policy for Arbor Building Services to comply with legal requirements and prevent costly lawsuits. It outlines the need for a policy due to a recent sexual harassment lawsuit filed against the company. The policy aims to clearly define harassment, establish procedures for reporting incidents and investigating complaints, ensure confidentiality, provide training to promote prevention, and designate an employee to coordinate compliance. Research cited shows sexual harassment claims and related costs to companies have sharply increased in recent years, emphasizing the importance of a strong policy.
Corruption is widespread in India according to Transparency International's Corruption Perceptions Index, though India's score has improved over time. Corruption exists at all levels of Indian politics, administration, and judiciary. It leads to loss of funds for the government and creates an unhealthy environment for investment. Efforts to reduce corruption have included right to information acts and computerization of records, but more work remains to curb corruption in India.
1. The document discusses various issues with the current electoral system in India such as the dominance of money and muscle power in elections, criminalization of politics, exceeding of legal financing limits, and voter intimidation.
2. It proposes several reforms such as using fingerprint-based electronic voting machines to eliminate bogus voting, imposing president's rule before elections to ensure fairness, and establishing a special court to ban criminals from contesting elections.
3. Additional reforms suggested include focusing on the "None of the Above" option, making political parties more accountable for their finances, and conducting more voter awareness campaigns.
Reducing the influence of money and muscle power in politics. Criminalization of politics has led to immense pressure on political institutions. Candidates with criminal records are attractive to political parties because they can often self-finance and raise large amounts of money. Reforms are needed to reduce the role of money in politics and prevent criminals from holding public office, such as limiting election spending, instituting an independent election commission, and establishing fast-track courts to expedite cases against candidates and elected officials.
THE IMPORTANCE OF POLICE TRAINING AND IT'S AFFECT ON COMMUNITIESMichael Daniels
The document discusses the importance of police training and its effect on communities. It argues that police training is underfunded in many states like Massachusetts, with less money spent per officer on training compared to other states. Less training can negatively impact police interactions with the public and their ability to de-escalate situations, particularly in dealing with mentally ill individuals. The document also examines studies that found officers with more education were less likely to use force and that training may help reduce racial biases. Overall, the document advocates for increased funding and support for police training to improve police services and community relations.
This document discusses corruption in India. It notes that corruption is widespread, though India's score on the Corruption Perceptions Index has improved over time. Corruption exists in politics, where many politicians face criminal charges, and in administration, where civil servants are seen as inefficient. Corruption also plagues the judiciary due to delays and shortage of judges. Several major scams are listed, and the effects of corruption include loss of funds and an unhealthy climate for investment. Anti-corruption efforts discussed include the Right to Information Act and computerization projects like BHOOMI.
The document discusses corruption in various government departments in Pakistan including education, police, taxation, health, and others. It notes that corruption is widespread and impacts these departments through non-merit based admissions, low salaries leading to bribe-taking, and lack of accountability. Corruption poses major obstacles to economic growth and development in Pakistan. Some of the largest corruption scandals in Pakistan are also summarized such as related to Hajj operations, a housing scheme, and misappropriation of funds in Balochistan. Steps needed to reduce corruption include improving transparency, accountability, and salaries while establishing the rule of law.
Corruption occurs at all levels of society and government. It affects the poor most by undermining development, democracy, and people's health. Main causes of corruption include low wages, lack of job opportunities, weak punishments, lack of transparency, and lack of accountability. Effects of corruption include lack of quality public services, improper justice, unemployment, poor health, pollution, accidents, and failure of genuine research. Corruption breeds disregard for officials and weakens society.
This document discusses the prevalence of money and muscle power in Indian politics as revealed by a survey conducted by the Association of Democratic Rights (ADR) over 10 years. The ADR survey found that candidates with criminal records have more financial assets than those without, and having a criminal record significantly increases one's chances of winning elections in 16 of 19 major Indian political parties studied. Recent elections in Karnataka also showed high average assets for winning candidates, with the richest having over Rs. 900 crore in assets. To curb these problems, the document suggests demonetizing high-value currency notes to reduce black money and strengthening the Right to Information Act to increase transparency in government.
This document discusses the various government agencies responsible for enforcing HIPAA regulations. The Office for Civil Rights investigates alleged HIPAA Privacy Rule violations. The Centers for Medicare and Medicaid Services is responsible for enforcing HIPAA Security, Transactions, and Code Set Rules and can impose penalties. More serious criminal cases may be referred to the Department of Justice or Office of Inspector General, which can exclude individuals from federal health programs.
How much-does-the-law-school-you-went-to-matter-when-you-lateral-firmsBCG Attorney Search
This document analyzes data from over 100 law schools on the number of interviews and placements their graduates received when seeking lateral moves at law firms. It contains 15 charts that examine trends from 2015-2016, comparing factors like school size and prestige. The data suggests the law school attended does influence hiring, with top-tier schools receiving more opportunities, though work experience is ultimately most important to firms.
Corruption involves misuse of power for unlawful gains such as bribery and theft. It costs over $1 trillion annually worldwide. A study found judicial corruption was prevalent in 30 of 48 countries. Corruption reduces government services, GDP by 20-40%, and deters foreign investment. The Malaysian Anti-Corruption Commission Act of 2009 prohibits bribery in public and private sectors, with fines up to 5 times the bribe and 20 years' imprisonment. Recommendations to reduce corruption include collaborating with government and non-government groups, increasing public sector wages, education, zero tolerance for convicted officials, empowering citizens, and strict enforcement.
Corruption could be an important obstacle to business in Pakistan, and firms ought to expect to frequently encounter felony or different corrupt practices. Corruption is rampant altogether sectors and establishments.
Corruption is widespread in India according to Transparency International's Corruption Perceptions Index, though India's score has improved over time. Around a fourth of Indian parliament members face criminal charges including human trafficking, embezzlement, and murder. Corruption also plagues the administration and judiciary, slowing processes and enabling theft of state resources. The effects of corruption include losses to the exchequer, an unhealthy climate for investment, and increased costs for government services totaling an estimated Rs. 21,068 cr. for petty corruption alone in basic public services.
www.pollreformindia.com
Our Aim: If we want to dream of a society, free of 3c’s (Communalism, Casteism and Corruption) then we would like to see these provisions implemented in letter and in spirit , so that we can create Mahatma’s India.
This document discusses pre-employment background investigations that employers conduct, including drug/alcohol screening, criminal records checks, and other types of investigations. It notes that drug/alcohol screening is common and can be done through blood, urine, or hair tests, with urine being the most frequent method. Criminal records checks vary in scope from just the state to a full FBI records search, but employers must consider arrests separately from convictions due to bias. Overall, background checks aim to protect employers and customers but also require complying with laws around medical privacy and bias.
While many organisations have implemented a whistleblowing mechanism, our survey findings indicate that there has not been a significant investment in the implementation of these, and there is a lack of awareness as well.
This document contains multiple news stories and articles on various topics:
1. Cobrapost exposes alleged money laundering by 10 more Indian banks while RBI remains hesitant to acknowledge the problem.
2. iGate fires CEO Phaneesh Murthy for failing to disclose a relationship with a subordinate in a sexual harassment complaint, the second such incident for Murthy.
3. FINRA fines three firms a total of $900,000 for failing to establish adequate anti-money laundering programs and supervisory systems to detect suspicious transactions.
AuthBridge Newsletter Issue 4- Wide Influence of Background Screening AuthBridge
The practice of Employee Background Check has moved beyond the realms of corporate environment. AuthBridge adds value to an organisations' background screening processes and makes hiring more robust. For more info please visit http://bit.ly/17QENuE
You can also visit www.authbridge.com
This document proposes a comprehensive sexual harassment policy for Arbor Building Services to comply with legal requirements and prevent costly lawsuits. It outlines the need for a policy due to a recent sexual harassment lawsuit filed against the company. The policy aims to clearly define harassment, establish procedures for reporting incidents and investigating complaints, ensure confidentiality, provide training to promote prevention, and designate an employee to coordinate compliance. Research cited shows sexual harassment claims and related costs to companies have sharply increased in recent years, emphasizing the importance of a strong policy.
Fraud and corporate governance changing paradigm in India 2012EY
This report offers a perspective on the bribery landscape across Europe, the Middle East, India and Africa (EMEIA), including enforcement trends, risks for businesses to be aware of and mitigating steps companies may want to consider.
For further information on EY's fraud investigation and dispute services, please visit: http://www.ey.com/IN/en/Services/Assurance/Fraud-Investigation---Dispute-Services
The document discusses the moral and ethical issues involved in terminating an employee's employment, noting that employers must ensure all legal and ethical precautions have been taken before making the final decision to terminate in order to avoid potential consequences. It provides an example of an ethical dilemma regarding terminating an employee named John Sample and the issues he began experiencing in his personal life and work performance after two years on the job. Finally, it stresses that the decision to terminate an employee can impact current employee morale, so all alternatives should be exhausted before making the choice to terminate.
Sociology Essay Essay On Sociology For Students AnMichele Johnson
The passage from Sketches by Boz by Charles Dickens describes a gloomy and desolate scene of a solitary and closely shut up building on a cold winter night. Dickens uses descriptive language like "cold", "solitary", and "lifeless" to set a gloomy atmosphere and portray the living conditions of the working class at that time. The passage suggests Dickens' sympathy for the "unfortunate" members of society who were neglected by the government and sidelined, as he presents their situation in an understating tone without blame.
Cracking the Whip Against Sexual Harassment at WorkplacesParneet Birgi
The Indian government is strictly enforcing the Sexual Harassment of Women at Workplace Act from 2013. Employers who do not properly implement the law, including establishing internal committees to handle complaints, face fines up to 50,000 rupees. The law aims to create safe and harassment-free work environments for women, who make up about a quarter of India's workforce. Proper implementation requires clear anti-harassment policies, unbiased internal complaint committees that handle issues sensitively and ensure no retaliation against complainants, as well as regular employee training on respect and unacceptable conduct.
Cracking the Whip Against Sexual Harassment at Workplacesfemme LIBERA
The Indian government is strictly enforcing the Sexual Harassment of Women at Workplace Act from 2013. Employers who do not properly implement the law, including establishing internal committees to handle complaints, face fines up to 50,000 rupees. The law aims to create safe and harassment-free work environments for women, who make up about a quarter of India's workforce. Proper implementation requires clear anti-harassment policies, unbiased internal complaint committees that handle issues sensitively and ensure no retaliation against complainants, as well as regular employee training on respect and unacceptable conduct.
FIGHTING CORRUPTION IN SOUTH ASIA: BUILDING ACCOUNTABILITY Dr Lendy Spires
Hardly a speech is delivered in South Asia without mention of the need to fight corruption in the region. Yet despite the lofty promises, corruption is on the rise. This report shows how a serious lack of political will on the part of governments to make laws work, means that government action to fight corruption is largely ineffective. The report draws on the findings of in-depth research on anti-corruption efforts in Bangladesh, India, Maldives, Nepal, Pakistan and SriLanka, which analysed almost 70 institutions across the six countries.
While none of the institutions assessed were found to be free from corruption risks, this report focuses in particular on the judiciary and anti-corruption agencies as critical actors in the fight against corruption. It highlights common challenges in the region and presents the governments of South Asia with a clear set of urgent priorities which need to be addressed in order to translate their anti-corruption rhetoric into concrete action.
The key findings of the report are:
1. Citizens find themselves unable to access key information on how their governments are performing in order to hold them to account.
2. The lack of meaningful protection for whistleblowers means that the chances of detecting wrongdoing by those in positions of power are slim.
3. Widespread political interference in the critical work of anti-corruption agencies and the judiciary makes them ineffective in keeping a check on government.
This situation presents serious challenges for the rule of law in the region. Some laws are inconsistent with international standards, while others are not equally enforced and independently adjudicated. As a result, corruption and other crimes are not effectively and impartially investigated or punished. This creates an atmosphere where the corrupt continue to get away with abusing their positions for their own personal gain at the public’s expense. Nevertheless, there have been some positive developments in the fight against corruption over the last 10 years. Most significantly, all six countries in this study have ratified the UN Convention against Corruption. However, there is still a long way to go to turn these commitments into meaningful action. The analysis presented here suggests a worrying reluctance on the part of the governments concerned to enable citizens to help shape the decisions that affect their daily lives.
The right to information:
A long way to go Citizens continue to face challenges in realising their right to information. When citizens’ right to know is denied, they are less able to hold decision makers to account for their actions. Comprehensive Right to Information (RTI) legislation is in place in Bangladesh, India and Nepal and has recently been passed in Maldives.
This document discusses various workplace issues faced by women, including pregnancy discrimination, sexual harassment, the gender pay gap, barriers to career advancement, work-life imbalance, and exclusion from informal networks. It provides statistics on the gender pay gap in India and defines the "glass ceiling." Several types of conduct that constitute sexual harassment are described. Implementation of laws against sexual harassment in India is discussed, along with challenges organizations face in addressing this issue. The document also notes low rates of inclusion of LGBT employees in India.
Love Letter Writing Paper. How To Write A Love LetteKelly Flores
The creation of Western civilization began in ancient Greece with a focus on individual rights and democracy, though Greek society was based on slavery. The Romans further developed important aspects like the rule of law. After the fall of Rome, the foundations of Western civilization were lost until the Italian Renaissance revived interest in classical texts. The Reformation challenged the power of the Roman Catholic Church and expanded education and literacy. The Enlightenment brought a new emphasis on reason and furthered the development of democratic ideals central to Western civilization.
This document discusses several topics related to employment law and supported employment. It begins by defining youth unemployment according to the UN and discussing the difficulties young people face in negotiating an exploitative labor market due to lack of experience. It then discusses employment at will law and cases where employees argued they were terminated without cause. Finally, it discusses research on supported employment programs for individuals with mental illness or substance abuse issues that aim to help them find and maintain competitive jobs.
The research upon which this William Fry report is based was undertaken by Amárach Research.
Two separate surveys were conducted, one among employers and one among employees of organisations operating in Ireland and of a size of 50 employees or more. A range of questions relating to social media in the workplace were asked of both groups to allow for an employer and employee perspective to be captured. A total of 200 employers were surveyed via telephone interviews and 500 employees were interviewed online. All interviewing was conducted in February 2013.
More details from William Fry: www.williamfry.ie
Sam Jackson lost his job in 2009 and had difficulty finding new employment due to an inaccurate criminal background check. A background check company wrongly listed Mr. Jackson on the sex offender registry for a 1987 rape conviction that actually belonged to a different man. Background check companies often make mistakes due to a lack of oversight, licensing requirements, and incentives for accuracy. These inaccurate reports disproportionately impact minority groups and make it difficult for people with criminal records or financial issues to find employment. Solutions include increasing state regulation of criminal records and background data, mandatory standards for background check companies, and consumers reviewing their own reports to dispute errors.
Corporate Fraud in India-Perception and Emerging IssuesKrishna Patel
Corporate Fraud, Types Of Fraud, Reasons for Fraud, Fraud Triangle, Measures to prevent Fraud, Future Fraudster, Cyber crime, Future of fraud, Fraud risk management 2.0, Using Bots for due diligence, Building the anti-fraud sentiment in entrepreneurship, Perception and Emerging Issues Survey
The document discusses whistleblowing and whistleblower protection. It provides context on whistleblowing and its importance. It outlines conditions for whistleblowing to be morally permissible or obligatory. It discusses ethical dilemmas faced by whistleblowers and examples of whistleblowers in India who faced retaliation. The Whistleblowers Protection Act of 2011 is introduced to protect whistleblowers, but questions remain around extending similar protections to the private sector.
Restoring Your Organization's Reputation after Financial FraudCBIZ, Inc.
Organizations that fail to grasp the implications of the public relations frenzy that is certain to follow the occurrence of fraud will suffer the lost confidence of its stakeholders and supporters. These four steps will guide a successful response.
This document discusses the suitability of whistleblowing in the Indian subcontinent by outlining how while laws aim to protect whistleblowers, cultural issues like a lack of faith in systems and fear of retaliation make people reluctant to report unethical behavior directly. It notes that while whistleblowing programs have been accepted in some corporate spaces, overcoming bottlenecks like ensuring top-level support, accessibility, and proper handling of complaints is important for effective implementation. Overall, the document examines the challenges to establishing whistleblowing as an accessible process for addressing issues like corruption and harassment in India.
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EY Reining-in-sexual-harassment-at-the-workplace-in-india survey
1. A survey by Fraud Investigation & Dispute Services
Reining in sexual harassment
at the workplace in India
2. 2 | Reining in sexual harassment at the workplace in India
Contents
Executive summary 04
Taking a serious approach to tackle sexual harassment at the workplace 06
Unravelling the implications of the Act 08
Competency in handling of complaints 10
EY’s viewpoint: Challenges in a sexual harassment investigation 12
Cost of non-compliance 14
Low awareness among employees — a cause for concern 16
The global viewpoint 18
Conclusion 20
About the survey 21
3. 3Reining in sexual harassment at the workplace in India |
Ignorance is no longer bliss, and with time, companies need to
understand that they cannot turn a blind eye to harassment
at the workplace. Such issues are widespread across different
levels, sectors and industries, and need to be dealt with skill,
maturity and compassion.
These factors steered EY to conduct a survey and understand
corporate India’s readiness to manage sexual harassment at the
workplace. The report will also help you understand the level
of compliance required with the law, actual management of
complaints and measures undertaken to ensure women’s safety
in organizations.
Arpinder Singh
Partner and Head - India and Emerging Markets
Fraud Investigation & Dispute Services
Foreword
Corporate India has a diverse workforce. Over the years,
companies have been focusing on driving gender diversity and
inclusivity at the workplace. Their aim is to create a comfortable
environment that encourages growth and development. Indian
companies have now laid the foundation by taking the first
steps in moving toward a harassment-free workplace.
Working in an environment that is hazard free is not a choice
— it is the right of all employees. Today, with more and more
women joining the workforce, companies need to ensure that
their establishments are safe so that their women employees
feel secure and can work at ease. One of the greatest threats
to impair this feeling of security is sexual harassment at the
workplace. The challenges associated with this practice are
immense and can have adverse ramifications if they are not
handled carefully.
The movement against sexual harassment in general and
protection of women has been growing. In many cases,
unfortunate incidents, media reports and people’s heightened
awareness have brought to the fore the dark side of the
corporate coin. This led to the enactment of the Sexual
Harassment of Women at the Workplace (Prevention,
Prohibition and Redressal) Act 2013. The Government’s intent
is to put a brake on such cases. However, recent data generated
by the Government indicates that there has been a rise in
sexual harassment and the number of complaints relating to it
at the workplace has seen an upsurge.
4. 4 | Reining in sexual harassment at the workplace in India
Executive summary
The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act 2013 (hereafter referred to as
the Act) was notified by the Indian Parliament in December
2013. It is modeled on the Vishakha guidelines which have
served as the case law to curb instances of sexual harassment
at the workplace since 1997. The main objective of the Act is
to ensure that women feel safe at the workplace and to nurture
the growth of a holistic work ecosystem.
In this report, EY’s Fraud Investigation & Dispute Services team
throws light on the current state of implementation of the Act
to prevent sexual harassment at the workplace. The objective is
to understand corporate India’s compliance with the Act, steps
undertaken to constitute Internal Complaints Committees (ICCs)
mandated in the Act and to ascertain whether employers and
employees have grasped its essence.
Growing consciousness of issues relating to women’s safety has
compelled leading organizations to take cognizance of the Act
and is motivating them to take the requisite steps mandated by
it. Many of these do seem to recognize the need for it in spirit.
But most companies have taken the initial steps to comply
with the law by forming ICCs and are conducting relevant
training for their members. There are certain requirements
mandated under the Act that require stringent compliance,
e.g., highlighting the penal consequences of sexual harassment.
According to the survey, almost half of the respondents’
organizations had not displayed this clearly at prominent places
within their premises. The survey also revealed that around
31% of the respondents were not compliant with the Act (after
its enactment), which mandates ICCs being constituted to
address complaints relating to sexual harassment. However,
enforcement is still low due to organizations’ nonchalant
approach toward the issue.
Managing sensitivities around sexual harassment at the
workplace can be daunting. It requires lending an empathetic
ear to the aggrieved woman employee to encourage her to
disclose details, but at the same time ascertaining whether
her complaint is genuine or not. Moreover, it requires sharp
investigative skills to deal with cases in real time and in
accordance with the principles of natural justice. In many
organizations, ICC members have not undergone training
mandated by the Act.
A detailed skill-building program is required to equip ICC
members to understand organizations and the responsibilities
of the ICC to handle such issues more effectively. In addition,
the Act mandates awareness programs to sensitize employees.
According to our survey, 40% of the respondents
are yet to train their ICC members, although the Act
specifically mandates this
Recent statistics released by the National Commission of
Women (NCW) suggest that complaints regarding sexual
harassment at the workplace are rising every year. This may
however also indicate a rise in malicious complaints. One of the
key challenges in such cases is ascertaining whether complaints
made are malicious or frivolous. This is primarily because a
complaint can only be considered malicious if the intent is
proven. This involves a host of complexities, and is therefore
difficult to substantiate without thorough investigation and
assessment.
12% of the respondents stated that malicious
complaints increase after appraisals and half of the
respondents were unclear about malicious complaints
received after assessment of the performance
of employees
The efficacy of an anti-sexual harassment program depends
greatly on awareness levels among a company’s employees. It
is important for organizations to educate their employees on
proper conduct at the workplace, list the do’s and don’ts with
respect to the behaviour expected of them, conduct regular
training and delineate the severe repercussions of violating the
norms laid down. Women employees should know their rights
and have the confidence to raise red flags, if required. At the
end, it is the employer’s responsibility to ensure that women
feel safe to report any complaints without fear of victimization.
44% of the respondents’ organizations did not
display the penal consequences of sexual
harassments at conspicuous places
Training completed, but is this sufficient?
Dealing cautiously with malicious complaints
Low awareness among employees
4 | Reining in sexual harassment at the workplace in India
5. 5Reining in sexual harassment at the workplace in India |
Under the provisions of the Act, establishments face a penalty
of INR 50,000 for their first violation and double the sum for
subsequent ones. Repeated violations can lead to cancellation
of their business license. Therefore, they need to tighten
their internal processes to respond to complaints and take
the requisite steps (as laid down by the Act) to appropriately
respond to such cases. In addition to the financial loss suffered
by an organization on being levied a penalty, a mishandled case
can also lead to loss of reputation.
35% of the respondents were unaware of the penal
clause for non-compliance with laws relating to how
ICCs should be constituted
A relevant case
An Indian Court gave a verdict on a case relating to
sexual harassment at the workplace recently where
the employee was working at a leading company.
The Court observed in its judgement that the company
had failed to constitute an appropriate committee to
deal with complaints relating to sexual harassment.
The victim claimed damages to the tune of millions
against the the company for failing to constitute an
ICC.
Source: Factiva
Consequences of non-compliance — penalties
5Reining in sexual harassment at the workplace in India |
6. 6 | Reining in sexual harassment at the workplace in India
Taking a serious approach to tackle
sexual harassment at the workplace
The concept of sexual harassment at the workplace seems to
be emerging from the dark shadows of corporate confines.
Global news headlines have been highlighting a number of
cases, spotlighting senior executives and leading corporations.
The question is, what are companies doing to manage this evil?
EY’s survey paints a rather sombre picture of the state of affairs
when it comes to organizations curbing and managing sexual
harassment at the workplace.
Accordingly to the survey, many organizations have seemingly
put the basics of anti-sexual harassment mechanisms and
campaigns in place in their operations. The survey revealed
that round 69% of the respondents had constituted ICCs in their
organizations after the enactment of the Act. However, 18%
had not done so, despite their being a lapse of over a year from
notification of the Act; 13% were still in the process of setting
them up. Non-compliance among Indian companies was higher
compared to the average – 36% had not constituted ICCs or were
in the process. MNCs were marginally better, standing at 25%.
The results of the survey indicated that over a quarter (27%) of
the large companies and half the small and medium companies
that were surveyed were not compliant with the Act. This
clearly shows their indifferent attitude to addressing this issue.
The formation of an ICC is fundamental to the Act and
is mandatory for any establishment with more than 10
employees. This means that it applies to a large number of
organizations in India, and there is very little they can do to
escape their responsibility.
On the positive side, an overwhelming majority (98%) of the
respondents indicated that their organizations would provide
assistance to women if they choose to file complaints. However,
there is a Catch-22 situation here. While companies may be
willing to support the aggrieved women employees, how will
they ensure that these women will feel confident enough to
approach them if they do not have mechanisms to address
these issues in the first place?
7. 7Reining in sexual harassment at the workplace in India |
Case study 1
The HR department of a company hired a manager
for its existing team. He was put in charge of a
three-member team. Soon after, he began behaving
inappropriately with one of his women reportees.
He would repeatedly give her work late in the day
and ask her to stay back after office hours to
complete it. During this time, his conversation would
relate to personal matters and would be laced
with innuendos.
She reported this to the Director, but he dismissed
her complaint. Moreover, the company did not have
an ICC. Finally she decided to put in her papers and
reported the matter to the local police station. This
had an adverse effect on the company’s reputation.
What does sexual harassment mean?
“Sexual harassment” includes unwelcome acts
or behavior (whether directly or by implication)
such as physical contact and advance, a demand
or request for sexual favors, making sexually
colored remarks, showing pornography etc.
According to the data compiled by the National
Commission for Women (NCW), there is a noticeable
rise in sexual harassment at the workplace.
Source: Factiva
did not have an ICC constituted after the enactment of the Act
40%
50%automobile companies
Information Technology
(IT) companies
2014 2013 2012 2011
336 249 167 170
8. 8 | Reining in sexual harassment at the workplace in India
Unravelling the implications of the Act
The need and intent behind the Act is fairly simple — creating a
working environment that is favorable for women employed in
India. However, many companies struggle to interpret the Act and
are unsure about the provisions that should be implemented in
“spirit.” They need to realize their responsibilities as employers
and the extent to which the Act applies to them.
According to our survey, 60% of the companies agreed to hold
the mandatory training required for ICC members. This implies
that almost 40% did not do so earlier or are probably in the
stage of giving the training now. This issue is more pronounced
among small and medium companies. According to 63% of the
respondents, their companies had not conducted the ICC training
mandated under the Act.
Compared to the overall numbers, Indian companies fared low with
47% of the respondents saying that their ICC members were not
trained. On the other hand, MNCs stood at 34%.
This poses a huge problem, since companies will have to struggle
to handle sensitive cases without adequate training and awareness
of the issues involved. Since ICCs have the authority to handle
such cases internally, organizations would not want to report them
to law enforcement agencies to protect their public image.
To mitigate such risks, ICCs may take advantage of the
reconciliation provisions in the Act before initiating inquiries at the
request of aggrieved women employees and take effective steps to
settle the matter between them and their employers.
Companies also need to know that there is a dire need for
members to receive practical and realistic training through a
hands-on approach so that they can conduct inquiries in a fair
and just manner in the spirit the law requires. This can be fairly
exhaustive in nature, from understanding how to accept and
respond to a complaint to interviewing witnesses and gathering
forensic evidence. A key insight derived from the survey was that
many of the respondents were unaware of the duration of the
training to be conducted for an ICC.
The survey also highlighted the fact that 34% of the respondents
were unaware of the need for them to file annual reports for each
calendar year, as mandated by the Act. The number was higher
among respondents from Indian companies wherein 40% were
uninformed. According to recent news reports, the Government
has asked private companies to submit monthly status reports on
sexual harassment cases, if any, in their organizations. This means
that companies will need to comply with these provisions or suffer
the consequences of non-compliance.
9. 9Reining in sexual harassment at the workplace in India |
50%
Impact of the Act on employers
Who does the Act apply to? Applies to an “aggrieved woman,” which is a woman, of any age and whether
employed or not, who alleges to have been subjected to any act of sexual
harassment
Who is responsible for implementing the
provisions of the Act?
Employer’s responsibility
• Provide a safe working environment
• Constitute the ICC
• Display the penal consequences of sexual harassment at a conspicuous
place in the workplace
• Organise skill building programmes for the members of the ICC
• Organise awareness programmes for employees
Where is it applicable? At the “workplace,” which includes “any place visited by the employee, arising out
of or during the course of employment, including transportation provided by the
employer”
had not conducted trainings for ICC members after constitution of
the committee
were not aware that the ICC needs to file an Annual Report
pertaining to each calendar year
60%
50%
50%automobile companies
advertising and media
companies
pharmaceutical/ healthcare
companies electronics and telecom
companies
10. 10 | Reining in sexual harassment at the workplace in India
Competency in handling of complaints
While addressing concerns about malicious complaints, ICCs
are often challenged when they find out the truth. Keeping
different scenarios in mind, it is necessary to maintain a certain
level of balance when dealing with the sensitivities of people.
The committee members involved in handling complaints need
to be well trained to maintain an unbiased stance and ensure
that the response to an aggrieved woman employee’s complaint
is empathetic. However, they should not commit themselves to
any serious action till it is determined whether the complaint is
actually malicious.
Preparedness for ICC
Analyzing different points of view and taking into account
all forms of evidence available is important before deciding
whether a complaint is malicious or genuine. This evidence
could include looking at emails, chat transcripts, CCTV footage,
SMS messages, access logs and computer records, since some
of these may give valuable insights in making a crucial decision.
An allegation should only be considered malicious when the
complainant has made the complaint knowing it to be false
or the complainant or witnesses have produced a forged or
misleading document. Therefore, mere inability to substantiate
a complaint or provide adequate proof need not attract action
against the complainant.
The appointment of a third party investigative agency, working
under the directions of the ICC, is effective, since such agencies
give a factual and neutral perspective to a case. Most of the
respondents indicated that their companies did not deploy the
services of third-party investigative agencies for cases relating
to complaints of sexual harassment. Given the high risk and
sensitivities involved in some of such cases, using third party
specialists could be beneficial in uncovering relevant facts
under the directions of ICCs.
11. 11Reining in sexual harassment at the workplace in India |
Questions to be asked or raised by the management/ICC:
• Is it necessary to constitute an ICC at every office?
• Can the presiding officer of an ICC be same across
locations?
• What should be done if a woman employee does not
report an incident to the ICC?
• You already have a gender-neutral policy. Do you
need to specifically draft a new policy for women
employees?
• Who is defined as an “employer”? Is it the CEO or the
Board of Directors?
• If you already have a whistle-blowing hotline, does an
employee still need to approach your ICC?
• What are the considerations for deducting
“compensation” in your organization?
• If a contract employee working in your organization
alleges sexual harassment, is that your responsibility?
• Is it your responsibility to address the issue of sexual
harassment of a woman in the workplace even if she is
not an employee?
• Do you need to revise your company’s policy, if it
has been already constituted, based on the Vishaka
Committee’s guidelines?
Case study 2
A young IT professional was often teased by her
fellow colleagues because of her conservative way
of thinking. She felt uncomfortable when her male
colleagues would try to be friendly with her and
exchange inappropriate jokes and remarks in person
or through emails and SMS.
She was distressed since this began affecting her
work. Finally, she approached her company’s ICC
and filed a complaint of sexual harassment. On
investigation, it was discovered that there was no
malicious intent and her colleagues were only being
friendly with her.
In such cases, it is crucial that the ICC provides
feedback to the aggrieved woman employee that
there is no malicious intent in her colleagues’ actions.
The committee members should also communicate
to her the details of the company’s internal policy on
these matters, and if needed, provide the option for
settlement.
said that malicious complaints related to
sexual harassment increase post appraisals
or performance assessments
50%electronics and telecom
companies
12. 12 | Reining in sexual harassment at the workplace in India12 | Reining in sexual harassment at the workplace in India
13. 13Reining in sexual harassment at the workplace in India |
• Dealing with the human element and
sensitivities: Complainants are not in a state
of mind to narrate incidents coherently in
many cases. This may be due to their feeling
of insecurity in general, shock or lack of
confidence in an ICC. The real challenge is
to earn employees’ trust and handle such
situations tactfully. This will help elicit desired
information that can facilitate the inquiry and
lead to a logical conclusion. This also applies
to drawing out relevant information from the
respondent.
• Maintaining confidentiality: Stakeholders
such as the complainant, respondent,
witnesses and the management play a critical
role during the inquiry process. Any leaks
in the chain of confidentiality could tarnish
the reputation of individuals as well as the
company. This requires intelligent handling,
since the provisions in the Act prescribe
penalties if the details of a complainant,
respondent or witness are disclosed publically.
• Verification of facts: The challenge
encountered here is to authenticate facts if
the harassment has occurred in isolated areas
or without any witnesses.
Challenges in a sexual harassment investigation
• Uncovering tangible evidence: The Act vests
the powers of a civil court to an ICC, under
which, the latter can summon and enforce the
attendance of individuals and examine them
under oath. They can also demand discovery
and production of documents. However, this
may be difficult to execute because ICCs
may lack expertise in this area and may not
be equipped to conduct methodological
investigation to arrive at a logical conclusion.
• Presenting unbiased results: A four-
member ICC will have three members who
are members of the organization. Since they
may know the complainant, there could be
allegations of bias by either party.
• Maintaining chain of custody: Every piece of
evidence discovered or collected in general
and forensic evidence found during the
investigation need to be kept under the ambit
of the proper chain of custody since it needs
to be scrutinized by the ICC, law enforcement
agency or court of law. There is a possibility
that the aggrieved party may challenge an
inappropriate chain of custody.
EY’s viewpoint
13Reining in sexual harassment at the workplace in India |
14. 14 | Reining in sexual harassment at the workplace in India
Cost of non-compliance
There are dire consequences in store for companies that do
not comply with the Act or contravene any of its provisions.
In addition, non-compliance with its rules can put a company’s
reputation at stake and may cause significant loss in its
productivity as well.
Among the respondents, 35% were unaware of the penal
consequences for non-compliance. when constituting ICCs.
The issue was more pronounced among MNCs with almost
38% stating their ignorance. This indicates that they do not
comprehend the losses possible through their obliviousness.
Apathy was rampant among small and medium-sized
companies, with 38% of the respondents being unaware of the
repercussions of their non-compliance.
The Government is ramping up action against non-compliant
companies and they need to understand the severe
consequences they could be presented with.
15. 15Reining in sexual harassment at the workplace in India |
Case study 3
A junior team member approached her senior and
indicated that another senior employee from a
different division had tried to hold her hand and
invited her for dinner. She was uncomfortable, but
since this incident happened outside office, she did
not have any witnesses or proof. While she was still
unsure, she went ahead and flagged the issue. The
matter was taken up by the company’s ICC.
After a thorough investigation, it was ascertained
that the junior team member had raised a malicious
complaint. This was because she wanted to change
her profile and had approached the senior employee
from the other division to help her out. However, he
had refused and told her to take it up through the
right channels. Upset by his response, she had filed
the complaint. She was later dismissed from
the company.
were not aware of the penal clause for non-
compliance of constituting an ICC
40%
40%
IT companies
advertising and media
companies
59%
did not display at conspicuous places, the penal consequences of
sexual harassment
67%electronics and telecom
companies banking and financial
services companies
16. 16 | Reining in sexual harassment at the workplace in India
Low awareness among employees —
a cause for concern
Corporate workplaces have become increasingly informal over
time and it is not uncommon for employees to socialize beyond
work hours. Teams may gather for various recreational activities
after work or sometimes even on weekends; offsites are routine.
Global points of presence also lead to have employees traveling
for meetings, events and conferences. In such scenarios, how
can employers ensure that individuals maintain proper decorum
around their co-workers? A stray remark here, a colourful
comment there — and the aftermath could result in a volatile
situation.
The importance of training and awareness is crucial. Our survey
revealed that 21% of the respondents’ organizations did not
have general awareness campaigns aimed at their employees.
According to 44%, their organizations did not display the penal
consequences of sexual harassments at prominent locations.
Indian companies ranked low, standing at 50% as compared to
MNCs which stood at 40%.
Small and medium companies too fared low with 71% of the
respondents indicating that their organizations did not display
such warnings clearly.
One of the issues in such scenarios is inadequate training for
employees, especially new joiners. With new recruitments, it
is important to drive a company’s stance on such matters so
that they can understand early its core values. Not surprisingly,
46% of companies do not have online modules for training
new employees. The situation is worse in small and medium
companies where 71% do not have such modules.
17. 17Reining in sexual harassment at the workplace in India |
Further analysis revealed the nature and reasons for complaints received. These included:
Physical contact and advances 47%
Demand or request for sexual favors 13%
Sexually colored remarks 37%
Display of pornographic content 4%
Close scrutiny indicates that physical contact and advances
were the primary reason, followed by sexually colored remarks.
This makes it clear that comparatively easy-going work
environments could result in employees behaving casually, with
the possibility that this could be perceived as provocative.
did not have general awareness campaigns
in their organizations, targeted at senior
management to all employees
40%advertising and media
companies
47%
Physical contact
and advances
13%
Demand or request
for sexual favors
37%
Sexually colored
remarks
4%
Display of
pornographic content
18. 18 | Reining in sexual harassment at the workplace in India
S. No. Key Criteria US UK Australia
1 Name of the
Law
Title VII of the Civil Rights Act of 1964 Equality Act 2010; Protection
from Harassment Act 1997
Sex Discrimination Act 1984
amended by The Sex and Age
Discrimination Legislation
Amendment Act 2011
2 Genesis and
definition
of sexual
harassment
In 1980, the Equal Employment
Opportunity Commission produced a set of
guidelines for defining and enforcing Title
VII (in 1984 it was expanded to include
educational institutions). The EEOC defines
sexual harassment as:
Unwelcome sexual advances, requests for
sexual favors, or other verbal or physical
conduct of a sexual nature when:
1. Submission to such conduct was made
either explicitly or implicitly a term or
condition of an individual’s employment
2. Submission to or rejection of such
conduct by an individual was used as
the basis for employment decisions
affecting such individual, or
3. Such conduct has the purpose or
effect of unreasonably interfering with
an individual’s work performance or
creating an intimidating, hostile, or
offensive working environment
It states that harassment occurs
where there is unwanted conduct
on the ground of a person’s sex
or unwanted conduct of a sexual
nature and that conduct has the
purpose or effect of violating a
person’s dignity, or of creating an
intimidating, hostile, degrading,
humiliating or offensive
environment for them. If an
employer treats someone less
favourably because they have
rejected, or submitted to, either
form of harassment described
above, this is also harassment.
The Sex Discrimination Act
1984 defines sexual harassment
as “... unwanted conduct of a
sexual nature, in circumstances
in which a reasonable person,
having regard to all the
circumstances, would have
anticipated that the person
harassed would be offended,
humiliated or intimidated.”
3 Is the
employer
responsible?
Yes Yes Yes
4 Liability for
employers
Monetary Monetary The person who sexually
harasses someone else is
primarily responsible. But
the company may be held
vicariously liable for sexual
harassment by the employees,
agents and contractors, unless
it can show the steps that it took
to prevent it from occurring.
Snapshot of global laws around sexual harassment at the workplace
The global viewpoint
• Most countries have promulgated legislations that hold employers vicariously liable for acts of harassment by
their employees, vendors, clients, sub-contractors etc. or within their workplace
• Employers’ liability stems from the premise that it is up to them to prevent sexual harassment and they become
liable in the event of no action being taken when a case of sexual harassment is brought to notice
Sources:
Society for Human Resource Management http://www.shrm.org/hrdisciplines/global/articles/pages/sexual-harassment-law-global.aspx
Finksteinberg http://www.finksteinberg.com/files/Harassment%20and%20Bullying%20Laws,%20An%20International%20Perspective.pdf
5 Penalties
19. 19Reining in sexual harassment at the workplace in India |
Brazil Singapore
Law No 10.224 Protection from Harassment Act 2014
In 2001, the Brazilian Government enacted a criminal
law (Law No 10.224) defining sexual harassment
as an embarrassing conduct performed by a worker
in a superior hierarchical position against someone
hierarchically inferior at work, in order to obtain
advantages or sexual favours. The law made sexual
harassment a crime with imprisonment from one upto
two years. This legislation has set Brazil apart from most
countries where harassment is dealt with under civil law.
Section 4
1. No person shall by any means —
a) use any threatening, abusive or insulting words or behaviour; or
b) make any threatening, abusive or insulting communication,
which is heard, seen or otherwise perceived by any person (referred to for the
purposes of this section as the victim) likely to be caused harassment, alarm
or distress.
2. Any person who contravenes subsection (1) shall be guilty of an offence
and, subject to section 8, shall be liable on conviction to a fine not
exceeding $5,000
3. In any proceedings for an offence under subsection (2), it is a defence for
the accused person to prove —
a) that he had no reason to believe that the words or behaviour used, or
the communication made, by him would be heard, seen or otherwise
perceived by the victim; or
b) that his conduct was reasonable
Yes Yes
Unclear Monetary
• In the event the harassment charges are proved against a person (who was involved in the dealing of the company), employer
as well as the employee (who committed the crime) can be criminally held liable by the Criminal Courts, on the basis of the
complaint filed by the victim
• The employer may also become liable under the penal code on the grounds of complicity in the offence of sexual harassment
Sources:
Equal Employment Opportunity Commission http://www.eeoc.gov/policy/docs/currentissues.html
United Nations http://www.un.org/womenwatch/osagi/pdf/shworkpl.pdf
20. 20 | Reining in sexual harassment at the workplace in India
Conclusion
It is not impossible for corporate India to provide a safe place
of work for their women employees. With the Government
supporting this agenda, they need to implement the following
as a start:
• Constitute ICCs: “Every employer of a workplace shall,
by order in writing, establish an ICC. The employer shall
nominate members of ICC, which shall consist of — (a)
Presiding Officer who shall be a woman employed at a
senior level, (b)not less than two members from amongst
employees preferably committed to the cause of women
and (c) one member from amongst non-governmental
organisations.”
• Formulate and widely disseminate an internal policy/
charter/resolution/declaration for prohibition, prevention
and redressal of sexual harassment at the workplace: It
is imperative to declare the names and contact details of
members of an ICC.
• Drive awareness through online and offline training:
Organizations need to do more than have a tick in the box
approach to effectively implement anti-sexual harassment
policies at the workplace. This can be done through
training — online and offline — for existing employees and
new joiners.
• Organize and hold orientation programs and seminars,
and conduct capacity-and skill building programs for ICC
members
• Investigate complaints and take strict action against the
perpetrators in the prescribed timelines
• Monitor timely submission of reports by ICC to the
Government
• Treat sexual harassment as a “misconduct” under service
rules/processes
• Initiate action for such misconduct
21. 21Reining in sexual harassment at the workplace in India |
About the survey
Split of companies across sectors
17%
10%
4%
3%
5%
4%
18%
3%
36%
IT/ ITeS
Hospitality/ Aviation
Construction/ Infrastructure
Auto
Electronics/ Telecom
Ad/ Media
BFSI
Pharma / Healthcare/ Biotech
Others
Split of company type
43%
43%
14%
Indian
MNC
Anonymous
Split by functions
11%
17%
19%
3%
13%
37%
Internal Audit/ Finance
Legal and Compliance
HR
IT/ Admin
Risk/ Security/ Vigilance
Others
The survey was conducted during the period January 2015 to
April 2015 through an online questionnaire, which was hosted
on EY’s website in India. Hard copies of the questionnaire were
given to participants at various events organised by the firm.
We received more than 120 responses from the survey.
The principal respondents were senior executives from business
functions including internal audit, human resources, finance
and the legal and compliance domains. They represented a mix
of Indian enterprises with domestic operations as well as the
Indian subsidiaries of MNCs. They operated in a wide range of
industries including banking and finance, manufacturing, media
and entertainment, IT/ITeS, pharmaceuticals, automotive etc.
In addition to the survey results, the report includes our
viewpoint based on experience over a period of time.
Note: Some of the percentages in the charts total to more than
100%, since the respondents were allowed to make multiple
selections. Not all the questions in the survey were answered
by all the respondents. Therefore, all the percentage figures are
derived from the total number of respondents who answered
a particular question and not on the total number of overall
respondents.
22. 22 | Reining in sexual harassment at the workplace in India
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