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Report on Sexual
Harassment in the
Workplace
East West University
Report on Sexual Harassment in the Workplace
Legal Environment of Business (BUS 361)
Sec: 02
Submitted to:
Fahmida Hasan
Senior Lecturer, Department of Business Administration
East West University
Submitted by:
Mohammad Morshed 2012-2-10-128
Estiak Ahmed Onim 2012-2-10-109
Rayhanul Jannat Anny 2012-2-10-106
Md Mashfikul Haque 2012-2-10-112
Ummay Salma Mony 2012-2-10-111
Sadia Afrin Munny 2012-2-10-130
Date of Submission: 6th December, 2015
December 5, 2015
To,
Fahmida Hasan
Senior Lecturer,
Department of Business Administration
East West University.
SUB: SUBMISSION OF THE REPORT.
Dear Madam,
With due respect, we would like to submit the Report on Sexual Harassment in the Workplace.
We found the making of the very interesting which was assigned on me along with other group
members as a requirement for the Legal Environment Of Business (BUS 361) course. We are
pretty much optimistic that the preparation of this Report would enrich our practical knowledge.
We have devoted our best effort to make the report an informative one. We shall remain ever
grateful to you for rendering us the opportunity of working on such an interesting field. If you
need any clarification regarding this report, we shall be available for this.
Yours sincerely,
Mohammad Morshed
Sadia Afrin Munny
Ummay Salma Mony
Ryhanul Jannat Anny
Md Mashfikul Haque
Estiak Ahmed Onim
Department of Business Administration
East West University
Table of content:
Executive Summary:
Workplace sexual harassment is one of the most difficult and insidious issues now a days,
because victims are so often in a position of vulnerability, afraid of damaging their careers or
even losing their jobs altogether if they dare to rock the boat. Living in the 21st
century, we have
witnessed different brutal cases regarding sexual harassment. The majority of incidents,
particularly egregious incidents, occur between a supervisor and his subordinate. Sexual
harassment in workplace is a gender-neutral offense, at least in theory: Men can sexually harass
women, and women can sexually harass men. However, statistics show that the overwhelming
majority of sexual harassment claims and charges are brought by women claiming that they were
sexually harassed by men. From the employer‟s point of view they have a responsibility to
maintain a workplace that is free of sexual harassment. This is their legal obligation, but it also
makes good business sense. If they allow sexual harassment to flourish in their workplace, they
will pay a high price in poor employee morale, low productivity, and lawsuits.
This report is on the sexual harassment in the workplace. In this report we tried to explore the
different types of sexual harassment, different employment sectors of Bangladesh, what is the
proportion of male and female participation in these sectors, who are more vulnerable to the
sexual harassment, after suffering from sexual harassment do the harassed persons seek legal
help, what are the main factors those affecting sexual harassment, what precautions are needed to
take by the employees, how affective they are, what is happening around the world in case of
precautions, how can we relieve from this problem, what are the employer‟s responsibility to
maintain a sound interpersonal relationship with the employees, why this sound relationship is
needed and how to prevent this kind of white collar crime. The report has been completed on the
basis of the current situation of Bangladesh (especially Dhaka city) through the interview of
students/faculties and employees J&J Fashions. We also try to focus on the perspective of the
innocent party and the judicial party as well. Moreover, we have also interviewed some
specialized person to acquire the knowledge on this prospect properly.
Objectives of the Study:
Sexual harassment in the workplace is the burning question of Bangladesh and the whole world
now-a-days. The objective of the study is to-
 To raise the awareness of sexual harassment in the workplace among people
 To find out the actual scenario of the condition of sexual harassment in the workplace
in Bangladesh.
 To justify the sexual harassment in the workplace of other countries.
 To find out the prevention procedure of sexual harassment in the workplace in
Bangladesh.
 To give some recommendation for the prevention of sexual harassment in the
workplace in Bangladesh.
Methodology:
Basically there are two types of methods to collect information:
i) Primary process:
It refers to direct processes.
 The interview of a employees, students & faculty member
 The interview of the innocent party
 We conduct survey on mass people
 Other practical lessons experienced during our data analyzing.
 Various help and suggestions about the related topic from the course instructor.
 Discussion among group members.
ii) Secondary process:
It refers indirect analysis.
 Internet
 Different reference books
Limitation-Problems Faced while Completing the
Report:
We have faced many problems while completing the term paper, such as:
 As we know the faculties members of a university & the lawyer are too busy with their works
and don‟t have much time to spend with the students of a course for their report analyzing so
it was quite difficult for us to get information from them at a time.
 Some people didn‟t take the survey seriously.
 The information in the websites were not helpful and to some extent not related with our
analysis.
 Lack of coordination
 Technical problems
 We did not have so much experience for conducting research and preparing the report very
frequently, though we are in learning position
Understanding Sexual harassment:
Sexual harassment is a form of misconduct that can undermine the integrity of the employment
relationship. No employee – male or female – should be subjected to it. Whether it is committed
by supervisory or non-supervisory personnel, is specifically prohibited.
Each and every organization is responsible for taking action to effectively deal with all acts of
sexual harassment occurring in the workplace or as part of the employment relationship,
regardless of the manner in which it becomes aware of the conduct. This includes the acts of
supervisory or management personnel, non- management employees and third- parties
Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or verbal
or physical harassment of a sexual nature. Sexual harassment can include offensive remarks
about a person‟s gender, such as about women in general.1
It is important to remember that the
victim and/or harasser may be a woman or a man and the victim and harasser do not need to be
of different gender from one another. Simple teasing and minor, isolated incidents are not
unlawful. However, sexual harassment becomes unlawful when it creates a hostile or offensive
work environment. For example, male employees making inappropriate sexual comments about
a female employee may rise to the level of unlawful behavior depending on the frequency,
severity and situation where the comments were made such as the female employee preparing to
enter a shower facility. For the wellbeing of employees and protection of your business, it is
better to err on the side of caution and strongly discourage comments and behaviors that could
form the basis to any harassment or sexual harassment claim.2
Sexual harassment may happen in different form. -
VERBAL · Whistling at someone, making sexual comments about a person's body, making
sexual comments, turning work discussions to sexual topics, telling sexual jokes or stories,
asking about sexual fantasies, preferences, or history, Asking personal questions about social or
sexual life, making kissing sounds, howling, and smacking lips etc.
NON-VERBAL · Looking a person up and down (Elevator eyes), staring at someone, blocking a
person's path · following the person, displaying sexually suggestive visuals, making sexual
gestures with hands or through body movements, making facial expressions such as winking,
throwing kisses, or licking lips etc.
1
(j.f.madura, 2013)
2
(Preventing Sexual Harassment (BNA Communications)
PHYSICAL · Giving a massage around the neck or shoulders, touching the person's clothing,
hair, or body, hugging, kissing, patting, or stroking etc.
So employers must need to be concerned about this issue within their organization. At first it is
good business for employers to foster a positive work environment. Again, employers have a
legal duty to provide a working environment that is free from sexual harassment.
Laws in Bangladesh Regarding Sexual
Harassment:
May 13, 2009 is one of the noteworthy days in the legal history of Bangladesh since the High
Court Division of the Supreme Court issued a set of guidelines defining sexual delinquency to
prevent any kind of physical, mental or sexual harassment of women, girls and children at their
workplaces, educational institutions and other public places including roads across the country.
The HC directed the government to make a law on the basis of the guidelines, and ruled that the
guidelines will be treated as a law until the law is made. The court directed the concerned
authorities to form a five-member harassment complaint committee headed by a woman at every
workplace and institution to investigate allegations of harassment of women. According to the
HC rule, majority of the committee members must be women. Lawyers concerned said quoting
the HC observations that the committee will examine complaints from girls or women if they are
subjected to any mental, physical or sexual harassment, and recommend to the authorities to take
action against the accused persons.
The HC prohibited the authorities concerned from disclosing the names and addresses of the
complainants and accused persons until the allegations are proved. The HC asked the law
secretary, women and children affairs secretary, education secretary, labor secretary, information
secretary, University Grants Commission (UGC), university authorities, Bangladesh Garment
Manufacturers and Exporters Association (BGMEA), Bangladesh Knitwear Manufacturers and
Exporters Association (BKMEA), Bangladesh police and Bangladesh Bar Council to comply
with the guidelines.
This move by High Court must remain as a landmark in the history of judiciary for protecting
women from sexual harassment.
Types of employment sectors:
In Bangladesh we see that there are different types of employment sectors. Among them agricultural,
manufacturing and service sector can be mentioned first.
Agriculture Sector:
Bangladesh is an agricultural country. This is one of the most important economic
employment sectors in Bangladesh and it comprises about 30% of the country's GDP .81.5% of
the total population of the country is directly and indirectly related with the agriculture. 71.6% of
the total male population and 65% of the total female population are related with the agriculture
through different way.3
Manufacturing Sector:
Many new jobs - both for men and women- have been created by the country's manufacturing
sector like apparels, pharmaceuticals, ship breaking and building, leather, food processing,
electronics etc.
The garment sector is the largest employer of women in Bangladesh. It also provides
employment to around 4.2 million Bangladeshis, mainly women from low income family from
the rural areas that previously did not have any opportunity to be part of the formal workforce.
Women are the main workforce of this sector. Almost 90 percent of this workforce is women.4
In pharmaceuticals industry more than 200 registered pharmaceutical sector in Bangladesh.
Around 35,000 people work in the industry i.e.50% are pharmacists, chemists, biochemists and
microbiologists. In different research and drug packaging work a numerous women are working.5
3
(Agriculture, 2013)
4
(Improving Working Conditions in the Ready-Made Garment Sector in Bangladesh (RMGP Programme), 2011)
5
(https://en.wikipedia.org/wiki/Economy_of_Bangladesh, 2013)
In the leather, ship building and breaking industry mainly men worker dominated because of
the labor intensity. But in food processing industry numerous women workers are working
from the production to manufacturing process. The number is increasing day by day.
In light industry currently about 40,000 firms are generating employment for 0.6 million
people. There are about 1200 light engineering industries presently enlisted with Bangladesh
Small & Cottage Industries Corporation (BSCIC).6
Service Sector:
Under service sector teaching, telecom, doctor and nurse, financial institutions, defense is most
common.
In teaching profession many educated women are entering from primary level to university. Due
to flexibility in this profession women are more interested and their performance is very good.
In the telecom sector the call center services are mainly female dominated. Women are also
working in different financial institutions like bank, insurance, investment organizations. Now
day‟s women are also found in different challenging jobs like defense, law enforcement
authority.
Who Are More Vulnerable
Men may be subjected to sexual harassment but majority of the victims are women. Women are
vulnerable to the harassment as they lack in power and self-confidence, and are socialized that
they are to suffer in silence. There is a straightforward relationship between sexual intimidation
or sexual harassment in the workplace and the general insecurity of women in the public sphere.
From different research and from our survey we have found the following people who are more
vulnerable to the sexual harassment in the workplace-
6
(BSCIC, 2014)
 Young women and new entrants to the labor market
 Divorced and separated women
 Those who work with irregular or unwarranted employment contracts
 Women working in male-dominated environments and industry
 Women with disabilities
 Women from racial minorities
 Casual workers and informal sector workers
 Women migrant workers face a higher risk of sexual harassment and violence due to
limited workspace, language barriers, and lack of job security
 Women with little educational and professional knowledge both from rural and urban
area
Harassment of men in the workplace:
Although most victims of sexual harassment are women, there is a growing awareness that men
can be victimized in similar ways. Reports of men being subject to harassment, and the number
of complaints and legal actions brought by them, have increased in recent years. Again, it has
been suggested that the most vulnerable groups in the labor force are targeted: young men,
members of ethnic or racial minorities, men working in female-dominated work groups, men
with little educational and professional knowledge from urban area, male who work for female
supervisors etc.7
Age as a Factor in Case of Sexual Harassment
Although such a profile changes from one country to another, it can be said that women who are
between15 and 40 years of age and marital distribution, teenaged, single or divorced, with a
7
(Preventing Violence and Harassment at the Workplace )
lower level of Education is more likely to experience sexual harassment. Harassed employees are
usually women. Young, aged between 15 and 40, minority groups, single or divorced women are
more likely to be harassed than other women.8
Also, several studies suggest that women with a
lower education level and temporary workers are more exposed to sexual harassment. Further,
women in male-dominated jobs experience more sexual harassment than in other jobs.
Harassment-prone occupations include police secretary, saleswoman or office worker/clerical
staff bus or taxi driver, waitress, nurse, and sales women. Poverty is not the only „push factor‟ in
women‟s entry into the industrial labor force. The promise of a better life acts as a significant
stimulus. Employees who had worked for a short time at a company or had a student status were
more frequently harassed. Men also harassed by men or women and it have also showed a
similar trend, the largest age groups were between the ages 20 and 30.9
The harassers were
usually married men between the ages of 35-40, in half of the cases with a higher hierarchical
position. Most of the complaints were solved in an informal way, even the more severe physical
forms; the harasser received a final warning and not an official sanction. More than 40% were
employees and 31% were managers.10
Precautions of Sexual Harassment in Workplace
by employees:
Most women themselves fail to recognize sexual harassment and treat it as trivial and routine.
Such has been the internal coping mechanism. Ignoring offensive behavior or denying its
existence is the most common ways women deal with sexual harassment. For the prevention of
the sexual harassment in workplace the government, employers and employees have some duty
and responsibility. The government should incorporate appropriate laws in relation to the
protection women workers from sexual harassment in workplace. The employers should take any
8
(Lancaster)
9
(Defense Manpower Data Center )
10
(State of Wisconsin)
single complain seriously and should take appropriate measure to investigation of such claim. If
there is a prima-facie case the employer should hand over the alleged person to commit sexual
harassment to the police. The employee should make complain if they face sexual harassment in
work place to the employer or to the police station. The duties of the employees to eradicate the
sexual harassment in work place are the following:
 Don‟t maintain relationship with individual around who are uncomfortable and seem to
be preoccupied with thoughts, words and action of a sexual nature.
 Weak individuals are often targeted as victims. By acting and speaking in strong ways,
individuals take themselves out of many situations where harassment may occur.
 Let others know sexual harassment will not be tolerated. If a person makes a lewd
comment, ask them not to. Keep employees position on the matter clear.
 Find friends that can be trusted and appreciated. Have things in common, such as senses
of humor and jobs.
 Tell the harasser to stop; employees have to express their feelings about the situation and
making it clear that his or her behavior is unwelcome and unwanted. If done in privacy,
and the inappropriate behavior ceases, the relationship can continue positively.
 If the harassment does not cease after employees have made a clear request for it to stop,
ensure that employees keep a written record of all incidents of harassment in detail,
including words, gestures, action, time and place, and witness (if any). This helps in
terms of remembering details for official investigations and reporting.
 Make a report to the human resource department of employees organization – request for
an investigation, appropriate disciplinary action and preventive practices.
 If employee‟s organization has no human resource department, report to a higher
authority that has the power to make decisions about what can be done (supervisor, head
of department, etc.).
 Respond at the appropriate level. Use a combined verbal and physical response to
physical harassment and Speaking about sexual harassment is an effective tool in
combating it. It helps in changing attitudes of people towards this issue.
 If employees are a member of a labor union, they have to talk to their union
representative. The Union can take to combat sexual harassment.
 Being quiet about sexual harassment lets it continue. Employees have to talk to other co-
workers; they may not be the only one harassed by this person.
 Employees have to Trust their own instincts about possible danger: In an uncomfortable
situation, be direct and honest, and remove them from the situation immediately.
 Employees should be aware of the company‟s anti-sexual harassment policy.
 Attend sexual harassment awareness training and gather more information about it.
Do The Sexually Harassed Employees seek Legal
Help?
Many sexually harassed individuals in the workplace put up with damaging physical and
psychological effects of sexual harassment because taking action can be daunting, especially in
environments that do not provide moral and practical support. From different research studies
and from our survey we have found the sexually harassed persons are not much interested and
felt not comfort while asking legal help. . There have been increasing efforts around the world
just to break the silence on sexual harassment but also to take pre-active steps.11
 In Bangladesh the judicial system is faced with many challenges that have a negative
impact on ensuring equal access to justice. Limited resources, poor infrastructure and the
limited number of trained judges and lawyers, among others, have had a negative effect
on women‟s capacity to seek redress through the judicial system. The main challenges
relating to the investigation, prosecution and punishment of perpetrators for acts of
violence against women in the workplace are due to the lack of coordinated criminal
justice response, expertise and adequate mechanisms to conduct credible investigations
11
(Pradhan-Malla, 2009)
comprehensive redress mechanisms and understanding of the root causes and
consequences of violence against women in the workplace.12
 While doing our survey we found that women‟s access to justice and protection is still
impeded by generalized impunity, limited access to services and shelters, lack of or
insufficient legal representation and limited awareness of their rights.
 A sense of economic and social deprivation is found in case of asking help for sexual
harassment in the workplace.
 Fear of social stigma, cultural and family barriers inhibits women are abstain from
speaking out about their harassment in the workplace. However, if a person is asked why
the women harassed, then people might say “because she is bad.” In many cases they do
not complain for fear of losing their jobs.13
 In case of taking help from law enforcement authority the female workers are facing
several problems like lack of female police all over, irrelevant questions, unfriendly
environment, asking for bribe etc.
How to reduce sexual harassment in workplace:
To protect organization from sexual harassment, organization should take sexual harassment
seriously and follow these steps.
1) Sexual Harassment Policy
Have a sexual harassment policy in place that defines sexual harassment and provides examples
of specific behaviors that constitute harassment. It should state that organization does not tolerate
harassment based on sex (and other protected characteristics). Include the policy in organization
handbook and communicate/review it with staff. Organization must discuss the policy with new
12
(Sexual Assault and Vulnerable Populations, 2011)
13
(women law center, 2008)
hires.
2) Provide sexual harassment training
Organization should provide periodic sexual harassment training to workforce and supervisors to
help them recognize and prevent sexual harassment, and to help managers understand their
responsibilities when dealing with issues of harassment. Organization should make sexual
harassment training a mandatory training part of a new hire's orientation.
3) Have a complaint procedure
Organization should establish a procedure for reporting a complaint of sexual harassment and
alternative methods of filing sexual harassment complaints. Also, more than one individual
should be able to take complaints, and they should be accessible. Organization should keep all
complaints confidential.
4) Investigate all complaints
An organization's liability for sexual harassment can be reduced or eliminated depending on how
quickly and effectively it responds to a complaint of harassment. Thorough investigations should
be conducted on all complaints immediately following receipt of the complaint. Accurate records
of the investigation need to be maintained.
5) Correct the issue and protect the victim from retaliation
Organization should take proper steps to correct the issue of harassment. If an employee is found
guilty of sexual harassment after investigation, discipline the employee according to the severity
of the offense and document the actions taken in writing. And, organization should make sure
that no employee who brings a sexual harassment claim faces retaliation.
What Employer can do to maintain a sound
interpersonal relationship:
At workplace, Interpersonal relationship refers to a strong association among individuals
working together in the same organization. Employees working together ought to share a special
bond for them to deliver their level best. It is essential for individuals to be honest with each
other for a healthy interpersonal relationship and eventually positive ambience at the
workplace.14
Why interpersonal relationship at workplace?
- An individual spends around eight to nine hours in his organization and it is practically not
possible for him to work all alone.
-A single brain alone can‟t take all decisions alone
-We need people around who can appreciate our hard work and motivate us from time to time
-It always pays to have individuals around who really care for us
-Make workers safe at workplace.
14
(Mnagement study guide)
How to improve interpersonal relationship
-Employees must communicate with each other effectively: For a healthy relationship
employers should communicate with each other. They should remember that “A problem shared
is a problem halved”
-An individual should not interfere in his colleague’s work: Superiors must formulate specific
routine for all the employees and make sure job responsibilities do not overlap. Overlapping of
job responsibility leads to employees interfering in each other‟s tasks and eventually fighting
over small issues
-Pass on correct information to others If someone has asked to share some information with
other co-workers, it must be shared in its desired form. Data tampering and playing with
information spoil relationships among colleagues and lead to confusions at the workplace.
Interact with your coworkers more often: Discussions must be on an open platform where
every individual has the liberty to express their views and opinions. Written mode of
communication is one of the effective ways of communicating at the workplace. Make sure your
emails are self-explanatory and do mark a cc to all related employees.
Survey Data Analysis:
Questions Yes No
answer
No
Do you know about legal help regarding sexual
harassment?
70% 0 30%
Is legal help available in your existing workplace? 35% 2% 63%
Have you ever sexually harassed in the workplace? 65% 10% 25%
Would you seek legal help for sexual harassment in
workplace?
80% 0 20%
Do you feel safe or comfort while asking for legal help? 90% 0 10%
Do you think one stop service and separate panel in the
court and police station is needed for sexual harassment
issue to make the procedure easy?
95% 0 5%
1)
1. What do you understand by sexual harassment?
Interpretation: Out of 100 respondents of our survey, 60% have said that sexual harassment is
verbal or physical conduct, 15% have said that sexual harassment is request of sexual favours
and other remaining 25% have said that it is unwelcome sexual advances.
60%
25%
15%
Verbal or physical conduct
Unwelcome sexual advances
Request of sexual favors
2). How the sexual harassment committed?
Interpretation: Out of 100 respondents, about 40% mentioned that sexual harassment
committed through voluntarily, 35% mentioned that it is committed through verbal activities,
20% mentioned that it is committed through physical activities and other remaining 5%
mentioned that it is committed by using an electronic devices.
20%
35%
40%
5%
Physical (staring, whistling - pin-
ups, suggestive gestures)
Verbal (sexual jokes, remarks about
figure, asking for sexual
intercourse)
Voluntarily (unsolicited physical
contact, touching body parts,
kisses, hugs, rape)
Committed using an electronic
device, such as mail, text, phone
call, social media.
3. In case of taking help from law enforcement authority what problems did you face?
Interpretation: Out of 100 respondents, about 43% mentioned that procedure for seeking legal
help is complicated, 30% mentioned that procedure is lengthy, 22% mentioned that procedure is
biased and other remaining 5% mentioned that procedure is favourable.
30%
43%
22%
5%
Lengthy
Complicated
Biased
Favorable
4. Why you do you feel safe or comfort while asking for legal help?
Interpretation:
Out of 100 respondents, about 65% mentioned that the reason will be job insecurity, 25%
mentioned that the reason will be shyness, 7% mentioned that the reason will be family barriers
and other remaining 3% mentioned that the reason will be social and cultural barrier.
25%
65%
3% 7%
Shyness
Job insecurity
Social and cultural barrier
Family barriers
5) In case of taking help from law enforcement authority what problems did you face?
Interpretation:
Interpretation: Total out of 100 survey people 35% said Lack of female police all over, 20%
Irrelevant questions, 10% Unfriendly environment, 30% asking for bribe and 5% said others.
That means when women are asking for help to the law enforcement authority they did not find
female police officers with whom they can talk freely. They also face irrelevant questions and
ask for illegal monetary facilities.
Lack of female police officers
Irrelevelent question
Unfriendly environment
Asking for bribe
Others
6) If there is a policy statement in your company on sexual harassment its content includes?
Interpretation:
Total out of 100 survey people 48% answer both taking Complaints formally and Sexual
harassment will not be tolerated, 16% answer taking Complaints informally solely, 28% answer
assuring complaining person will not be victimized or penalized and rest of the slays others.
Here we found that the organization does not so serious about confidentiality and prevention of
sexual harassment.
Complains formally and sexual
harassment will not be tolerated
Complins informally
Assuring complains persons will not
be victimized or penalized
Assuring about confidentiality
7) What initiatives the organization should take to make the employee more comfortable regarding taking
legal help on sexual harassment according to you?
Interpretation:
Total out of 100 survey people 45% answer create friendly environment, 38% answer both
making a separate department and taking strong action, 12% answer provide punishment first
and 5% says others. From our survey we found that employees do not find the environment
friendly while taking help for sexual harassment and many of them also demand for separate
department for helping them regarding this problem.
friendly environment
making a separate department and
taking strong action
provide punishment first
others
8) How electronics and print, social media can play important role for making the present
situation more comfortable in case of asking help?
Interpretation:
Total out of 100 survey people 68% answer Social awareness ads, 25% says bill board, 5% says
drama and 2% says others. In 21st
century people spend a lot of time in front of television, radio,
using social media. So, respondents mainly prefer ads in different media as a media of social
awareness for sexual harassment in the workplace. Some of the respondents think different
drama and movie would be more effective.
Social awareness ads
bill board
drama
Others
We also take an interview of the additional registrar MR. Msfiqure Rahman of EAST WEST
UNIVERSITY regarding the sexual harassment related legal procedure of this university. The
conversation is mention below accordingly-
Student: Good morning. Sir.
Sir: Good morning.
Student: Sir, we are here to know some information regarding the sexual harassment policy in
our varsity for preparing a report of bus law (bus 361). Our instructor is Fhamida Hasan ,
Barrister-at-law.
Sir: ok...But I am in hurry. So come to the direct point.
Student: Of course sir. Is there any policy statement on the sexual harassment in our varsity?
Sir: There was a policy to provide legal help to the victim, but that was expired for several years
before. We have a plan to prepare a new policy on it. But you know it is very long procedures
like need to take permission hire a lawyer, make a separate office etc. so it will take time.
Student: Sir if anyone become sexually harassed how will you do handle it?
Sir: There wasn‟t happen this type of incident for last ten years. An incident was happened but
not very serious .we dealt the situation in other way.
Student: ok sir. Thanks for your cooperation.
Sir: you are most welcome.
Suggestion:
The most effective weapon against sexual harassment is prevention. Harassment does not
disappear on its own. In fact, it is more likely that when the problem is not addressed, the
harassment will worsen and become more difficult to remedy as time goes on. In a country like
Bangladesh where large scale starvation, mass illiteracy and ignorance affect the life of the
people very adversely to change the current situation we may do the following things:
1. People should have clear knowledge about sexual harassment for their own safety.
2. There are numerous act and policy the government and organization have. It‟s the duty of
people to know their own rights
3. The government in collaboration with women‟s and labor rights should draw up a code of
conduct that would be applicable and appropriate for the industrial sector. All factories should
put in place a clear and simple complaints procedure.
4. It also be considered that the policy regarding sexual harassment should be equal for everyone
both for man and women otherwise anyone can take personal and wrong advantage using the
policy.
5. Workers must be assured of full confidentiality.
6. All personnel in positions of authority should have mandatory gender sensitivity training,
especially on the topic of sexual harassment in the workplace. Workers should be provided with
the appropriate documentation upon hiring.
7. The language of the law against sexual harassment should be amended to reflect a less
aggressive toward women.
8. People should to speak up. State clearly and firmly that what type of particular behavior
they seek to cease.
9. From our questionnaire we see that people seek legal help but not feel comfortable because
of complex procedure. So the authority should make the legal procedures faster, easy and
confidential.
10. Victim should not blame her/himself. Sexual harassment is not something one brings on
oneself.
11. Waiting to act in cases of sexual harassment only increases the probability that the
harassing behavior will continue.
12. Being quiet about sexual harassment enables it to continue. Chances are very good that you
are not the only one who has been harassed. Speaking up may prevent others from being
harmed.
13. The organization should take some initiatives to make the employee more comfortable
regarding to take legal help on sexual harassment like:
 Create friendly environment
 Making a separate department
 Taking strong action
 Provide punishment fast
 policy should be clearer
 Talking more about this issue to create awareness
14. Employees should obtain and become familiar with the organization‟s policy on sexual
harassment, examine one‟s feelings, attitudes, and behaviors in relation to sexual harassment.
15. Electronics and print media, social media can play important role for making the present
situation more comfortable to talk about sexual harassment by social awareness ads, campaign,
drama, talk show.
16. One stop service and separate panel in the court and police station in needed for sexual
harassment issue to make the procedure easy.
17. To prevent the problem and create awareness this topic can be included in the text book to
aware the students who are the future employees.
18. All the people should take training about how they can protect themselves and fight against
sexual harassment.
Bangladeshi women are facing different kinds of violence. They are not even aware about their
rights and legal provisions against violence. Sometimes they need to share these with confident
one. In response, National Helpline Centre for Violence against Women and Children, a helpline
center for the Bangladeshi women and children victim was founded in 19th June, 2012 to
provide the immediate service to victims and links up to relevant agencies.
The helpline number is 10921. It is a toll free number and available 24 hours a day, seven days a
week. It is accessible from all parts of Bangladesh and all beneficiaries can make call from both
fixed phone and mobile phone. It‟s a confidential service that offers legal advice, police
assistance, telephone counseling, referrals to other organizations service, information regarding
violence issues.
Conclusion:
Sexual harassment in the workplace has very bad impact on both psychological and physical for
men and women. We should know the guideline regarding the scope of protection, liabilities,
and remedies for sexual harassment. Irrespective of the details of the law, all individuals desire
and deserve a workplace where they are treated with appropriate respect in a comfortable
environment conducive to effective teamwork and optimal productivity. As such, leaders and
employers must set the pace in affirmatively combating sexual harassment in the workplace
including educational settings.
Bibliography:
1. Ahmed, S. (2013).Contemporary Issue "Sexual Harassment In The Workplace. THE DAILY STAR , 13.
2. Anzalone, C. (1991) Sexual Harassment Survey of Reserve Component Members by buffalo news.
3. Appelbaum, R. &. (1997). sociology a brief introduction. new york: longman pub group.
4. Clarke, R. V. (1997). situational crime prevention: sucessful case studies. harrow and heston.
5. Corporate Crimeand Gender Discrimination. (2014). Retrieved november 29, 2015, from
julianhermida: http://www.julianhermida.com/contcorporate.htm
6. Corruption up in Bangladesh: TIB. (2013). Retrieved november 30, 2015, from
http://bdnews24.com/: http://bdnews24.com/bangladesh/2013/07/09/most-graft-in-politics-police-
judiciary-tib
7. e.h.sutherland. (2003). “Preventing Sexual Harassment in the Workplace"
8. Friedrichs, D. O. (2010). trusted criminals: sexual harassment contemoporary society. washworth
publsihing.
9. Friedrichs, D. O. (1992)." WHY SEXUAL HARASSMENT IS STILL AN ISSUE AND WHY SO
MANY GET AWAY WITH IT" provisonal solution. journal of human justice , 5-21.
10. Haury, A. C. (2012). "Prevneting violence and sexual harassment in the workplace"
11. khan, w. i. (2015).Workplace Health and Safety Bulletin.
12. MOHAMMAD ASHRAFUL. (2013). Retrieved NOVEMBER 2015, from https://en.wikipedia.org:
https://en.wikipedia.org/wiki/Mohammad_Ashraful
13. N.V.Paranjape, D. (2015). Criminology & Penology with Victimology. works press.
(2007). rajshahi university law review vol.
14. Street kids and crime. (2015, june 22). Retrieved 2015, from theindependent.
15. Street kids and crime. (2015, june 22). Retrieved november 29, 2015, from the independent:
http://www.theindependentbd.com/printversion/details/4570
16. Sutherland, E. H. (1949). Measuring Gender-based violence: Results of the Violence Against
Women (VAW) Survey new york: holt,rinehart and winson.
17. transparnacy international bangladesh. (2006, july 5). corruption database 2005 , pp. 47-51.
18. types ofsexual harassment in the workplace. (2009). Retrieved november 27, 2015, from
ckfraud.org: http://www.ckfraud.org/whitecollar.html
19. Vold, G. B. (1997). Theoretical Criminology. oxford university press.
20. Labour Force Survey 2013. Dhaka: BBS . Retrieved november 29, 2015, from
http://thelawdictionary.org/: http://thelawdictionary.org/organized-crime/
21. Provisional Report on Economic Census 2013. Dhaka: Bangladesh Bureau of Statistics
Appendix:
The survey is required to understand the scenario of sexual harassment in workplace. Further in
depth the survey is conducted to analyze the picture whether people seeking legal help for sexual
harassment or not. We are focusing educated people who are working in different organization.
The sample size of the survey is 100 and the result will be showed in the report.
Questionnaire:
Name: Date:
Age: Gender:
Occupation: Designation:
Note: You can select multiple options if you want.
1. What do you understand by sexual harassment?
 Unwelcome sexual advances
 Request of sexual favors
 Verbal or physical conduct
 Others if any __________________
2. Do you know about legal help regarding sexual harassment?
 Yes
 No
3. Why would you seek legal help?
 Justice
 Compensation
 dignity
 Punishment
 Others if any _______________________
4. How the sexual harassment committed?
 Physical (staring, whistling - pin-ups, suggestive gestures
 Verbal (sexual jokes, remarks about figure, asking for sexual intercourse)
 Voluntarily (unsolicited physical contact, touching body parts, kisses, hugs, rape)
 Committed using an electronic device, such as mail, text, phone call, social media.
5. Is legal help available in your existing workplace?
 Yes
 No
6. Have you ever sexually harassed in the workplace?
 Yes
 No
7. Would you seek legal help for sexual harassment in workplace?
 Yes
 No
8. How is the procedure for seeking legal help?
 lengthy
 complicated
 biased
 favorable
 Others if any_______________________.
9) Do you feel safe or comfort while asking for legal help?
 Yes
 No
10. If no why?
 Shyness
 job insecurity
 social and cultural barrier
 family barriers
 Others if any_________________________
11. In case of taking help from law enforcement authority what problems did you face?
 Lack of female police all over
 Irrelevant questions.
 Unfriendly environment
 Asking for bribe
 Others if any _______________________
12. If there is a policy statement in your company on sexual harassment its content includes –
 Committed to prevent sexual harassment.
 Sexual harassment will not be tolerated.
 Taking complaints formally.
 Taking Complaints informally.
 Assuring about confidentiality
 Assuring complaining person will not be victimized or penalized
 Others if any _____________________________________.
13. What initiatives the organization should take to make the employee more comfortable
regarding taking legal help on sexual harassment according to you?
 Create friendly environment
 Making a separate department
 Taking strong action
 Provide punishment fast
 Policy should be more clear
 Talking more about these issue to create awareness
 Others if any _____________________________________.
14. How electronics and print, social media can play important role for making the present
situation more comfortable in case of asking help?
 Social awareness ads
 Campaign
 Bill Board
 Drama
 Talk show
 Others if any _____________________.
15. Do you think one stop service and separate panel in the court and police station is needed for
sexual harassment issue to make the procedure easy?
 Yes
 No

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Sexual Harassment in The Workplace

  • 1. Report on Sexual Harassment in the Workplace
  • 2. East West University Report on Sexual Harassment in the Workplace Legal Environment of Business (BUS 361) Sec: 02 Submitted to: Fahmida Hasan Senior Lecturer, Department of Business Administration East West University Submitted by: Mohammad Morshed 2012-2-10-128 Estiak Ahmed Onim 2012-2-10-109 Rayhanul Jannat Anny 2012-2-10-106 Md Mashfikul Haque 2012-2-10-112 Ummay Salma Mony 2012-2-10-111 Sadia Afrin Munny 2012-2-10-130 Date of Submission: 6th December, 2015
  • 3. December 5, 2015 To, Fahmida Hasan Senior Lecturer, Department of Business Administration East West University. SUB: SUBMISSION OF THE REPORT. Dear Madam, With due respect, we would like to submit the Report on Sexual Harassment in the Workplace. We found the making of the very interesting which was assigned on me along with other group members as a requirement for the Legal Environment Of Business (BUS 361) course. We are pretty much optimistic that the preparation of this Report would enrich our practical knowledge. We have devoted our best effort to make the report an informative one. We shall remain ever grateful to you for rendering us the opportunity of working on such an interesting field. If you need any clarification regarding this report, we shall be available for this. Yours sincerely, Mohammad Morshed Sadia Afrin Munny Ummay Salma Mony Ryhanul Jannat Anny Md Mashfikul Haque Estiak Ahmed Onim Department of Business Administration East West University
  • 5.
  • 6. Executive Summary: Workplace sexual harassment is one of the most difficult and insidious issues now a days, because victims are so often in a position of vulnerability, afraid of damaging their careers or even losing their jobs altogether if they dare to rock the boat. Living in the 21st century, we have witnessed different brutal cases regarding sexual harassment. The majority of incidents, particularly egregious incidents, occur between a supervisor and his subordinate. Sexual harassment in workplace is a gender-neutral offense, at least in theory: Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men. From the employer‟s point of view they have a responsibility to maintain a workplace that is free of sexual harassment. This is their legal obligation, but it also makes good business sense. If they allow sexual harassment to flourish in their workplace, they will pay a high price in poor employee morale, low productivity, and lawsuits. This report is on the sexual harassment in the workplace. In this report we tried to explore the different types of sexual harassment, different employment sectors of Bangladesh, what is the proportion of male and female participation in these sectors, who are more vulnerable to the sexual harassment, after suffering from sexual harassment do the harassed persons seek legal help, what are the main factors those affecting sexual harassment, what precautions are needed to take by the employees, how affective they are, what is happening around the world in case of precautions, how can we relieve from this problem, what are the employer‟s responsibility to maintain a sound interpersonal relationship with the employees, why this sound relationship is needed and how to prevent this kind of white collar crime. The report has been completed on the basis of the current situation of Bangladesh (especially Dhaka city) through the interview of students/faculties and employees J&J Fashions. We also try to focus on the perspective of the innocent party and the judicial party as well. Moreover, we have also interviewed some specialized person to acquire the knowledge on this prospect properly.
  • 7. Objectives of the Study: Sexual harassment in the workplace is the burning question of Bangladesh and the whole world now-a-days. The objective of the study is to-  To raise the awareness of sexual harassment in the workplace among people  To find out the actual scenario of the condition of sexual harassment in the workplace in Bangladesh.  To justify the sexual harassment in the workplace of other countries.  To find out the prevention procedure of sexual harassment in the workplace in Bangladesh.  To give some recommendation for the prevention of sexual harassment in the workplace in Bangladesh. Methodology: Basically there are two types of methods to collect information: i) Primary process: It refers to direct processes.  The interview of a employees, students & faculty member  The interview of the innocent party  We conduct survey on mass people  Other practical lessons experienced during our data analyzing.  Various help and suggestions about the related topic from the course instructor.  Discussion among group members. ii) Secondary process: It refers indirect analysis.  Internet
  • 8.  Different reference books Limitation-Problems Faced while Completing the Report: We have faced many problems while completing the term paper, such as:  As we know the faculties members of a university & the lawyer are too busy with their works and don‟t have much time to spend with the students of a course for their report analyzing so it was quite difficult for us to get information from them at a time.  Some people didn‟t take the survey seriously.  The information in the websites were not helpful and to some extent not related with our analysis.  Lack of coordination  Technical problems  We did not have so much experience for conducting research and preparing the report very frequently, though we are in learning position Understanding Sexual harassment: Sexual harassment is a form of misconduct that can undermine the integrity of the employment relationship. No employee – male or female – should be subjected to it. Whether it is committed by supervisory or non-supervisory personnel, is specifically prohibited.
  • 9. Each and every organization is responsible for taking action to effectively deal with all acts of sexual harassment occurring in the workplace or as part of the employment relationship, regardless of the manner in which it becomes aware of the conduct. This includes the acts of supervisory or management personnel, non- management employees and third- parties Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or verbal or physical harassment of a sexual nature. Sexual harassment can include offensive remarks about a person‟s gender, such as about women in general.1 It is important to remember that the victim and/or harasser may be a woman or a man and the victim and harasser do not need to be of different gender from one another. Simple teasing and minor, isolated incidents are not unlawful. However, sexual harassment becomes unlawful when it creates a hostile or offensive work environment. For example, male employees making inappropriate sexual comments about a female employee may rise to the level of unlawful behavior depending on the frequency, severity and situation where the comments were made such as the female employee preparing to enter a shower facility. For the wellbeing of employees and protection of your business, it is better to err on the side of caution and strongly discourage comments and behaviors that could form the basis to any harassment or sexual harassment claim.2 Sexual harassment may happen in different form. - VERBAL · Whistling at someone, making sexual comments about a person's body, making sexual comments, turning work discussions to sexual topics, telling sexual jokes or stories, asking about sexual fantasies, preferences, or history, Asking personal questions about social or sexual life, making kissing sounds, howling, and smacking lips etc. NON-VERBAL · Looking a person up and down (Elevator eyes), staring at someone, blocking a person's path · following the person, displaying sexually suggestive visuals, making sexual gestures with hands or through body movements, making facial expressions such as winking, throwing kisses, or licking lips etc. 1 (j.f.madura, 2013) 2 (Preventing Sexual Harassment (BNA Communications)
  • 10. PHYSICAL · Giving a massage around the neck or shoulders, touching the person's clothing, hair, or body, hugging, kissing, patting, or stroking etc. So employers must need to be concerned about this issue within their organization. At first it is good business for employers to foster a positive work environment. Again, employers have a legal duty to provide a working environment that is free from sexual harassment. Laws in Bangladesh Regarding Sexual Harassment: May 13, 2009 is one of the noteworthy days in the legal history of Bangladesh since the High Court Division of the Supreme Court issued a set of guidelines defining sexual delinquency to prevent any kind of physical, mental or sexual harassment of women, girls and children at their workplaces, educational institutions and other public places including roads across the country. The HC directed the government to make a law on the basis of the guidelines, and ruled that the guidelines will be treated as a law until the law is made. The court directed the concerned authorities to form a five-member harassment complaint committee headed by a woman at every workplace and institution to investigate allegations of harassment of women. According to the HC rule, majority of the committee members must be women. Lawyers concerned said quoting the HC observations that the committee will examine complaints from girls or women if they are subjected to any mental, physical or sexual harassment, and recommend to the authorities to take action against the accused persons. The HC prohibited the authorities concerned from disclosing the names and addresses of the complainants and accused persons until the allegations are proved. The HC asked the law secretary, women and children affairs secretary, education secretary, labor secretary, information secretary, University Grants Commission (UGC), university authorities, Bangladesh Garment Manufacturers and Exporters Association (BGMEA), Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), Bangladesh police and Bangladesh Bar Council to comply with the guidelines.
  • 11. This move by High Court must remain as a landmark in the history of judiciary for protecting women from sexual harassment. Types of employment sectors: In Bangladesh we see that there are different types of employment sectors. Among them agricultural, manufacturing and service sector can be mentioned first. Agriculture Sector: Bangladesh is an agricultural country. This is one of the most important economic employment sectors in Bangladesh and it comprises about 30% of the country's GDP .81.5% of the total population of the country is directly and indirectly related with the agriculture. 71.6% of the total male population and 65% of the total female population are related with the agriculture through different way.3 Manufacturing Sector: Many new jobs - both for men and women- have been created by the country's manufacturing sector like apparels, pharmaceuticals, ship breaking and building, leather, food processing, electronics etc. The garment sector is the largest employer of women in Bangladesh. It also provides employment to around 4.2 million Bangladeshis, mainly women from low income family from the rural areas that previously did not have any opportunity to be part of the formal workforce. Women are the main workforce of this sector. Almost 90 percent of this workforce is women.4 In pharmaceuticals industry more than 200 registered pharmaceutical sector in Bangladesh. Around 35,000 people work in the industry i.e.50% are pharmacists, chemists, biochemists and microbiologists. In different research and drug packaging work a numerous women are working.5 3 (Agriculture, 2013) 4 (Improving Working Conditions in the Ready-Made Garment Sector in Bangladesh (RMGP Programme), 2011) 5 (https://en.wikipedia.org/wiki/Economy_of_Bangladesh, 2013)
  • 12. In the leather, ship building and breaking industry mainly men worker dominated because of the labor intensity. But in food processing industry numerous women workers are working from the production to manufacturing process. The number is increasing day by day. In light industry currently about 40,000 firms are generating employment for 0.6 million people. There are about 1200 light engineering industries presently enlisted with Bangladesh Small & Cottage Industries Corporation (BSCIC).6 Service Sector: Under service sector teaching, telecom, doctor and nurse, financial institutions, defense is most common. In teaching profession many educated women are entering from primary level to university. Due to flexibility in this profession women are more interested and their performance is very good. In the telecom sector the call center services are mainly female dominated. Women are also working in different financial institutions like bank, insurance, investment organizations. Now day‟s women are also found in different challenging jobs like defense, law enforcement authority. Who Are More Vulnerable Men may be subjected to sexual harassment but majority of the victims are women. Women are vulnerable to the harassment as they lack in power and self-confidence, and are socialized that they are to suffer in silence. There is a straightforward relationship between sexual intimidation or sexual harassment in the workplace and the general insecurity of women in the public sphere. From different research and from our survey we have found the following people who are more vulnerable to the sexual harassment in the workplace- 6 (BSCIC, 2014)
  • 13.  Young women and new entrants to the labor market  Divorced and separated women  Those who work with irregular or unwarranted employment contracts  Women working in male-dominated environments and industry  Women with disabilities  Women from racial minorities  Casual workers and informal sector workers  Women migrant workers face a higher risk of sexual harassment and violence due to limited workspace, language barriers, and lack of job security  Women with little educational and professional knowledge both from rural and urban area Harassment of men in the workplace: Although most victims of sexual harassment are women, there is a growing awareness that men can be victimized in similar ways. Reports of men being subject to harassment, and the number of complaints and legal actions brought by them, have increased in recent years. Again, it has been suggested that the most vulnerable groups in the labor force are targeted: young men, members of ethnic or racial minorities, men working in female-dominated work groups, men with little educational and professional knowledge from urban area, male who work for female supervisors etc.7 Age as a Factor in Case of Sexual Harassment Although such a profile changes from one country to another, it can be said that women who are between15 and 40 years of age and marital distribution, teenaged, single or divorced, with a 7 (Preventing Violence and Harassment at the Workplace )
  • 14. lower level of Education is more likely to experience sexual harassment. Harassed employees are usually women. Young, aged between 15 and 40, minority groups, single or divorced women are more likely to be harassed than other women.8 Also, several studies suggest that women with a lower education level and temporary workers are more exposed to sexual harassment. Further, women in male-dominated jobs experience more sexual harassment than in other jobs. Harassment-prone occupations include police secretary, saleswoman or office worker/clerical staff bus or taxi driver, waitress, nurse, and sales women. Poverty is not the only „push factor‟ in women‟s entry into the industrial labor force. The promise of a better life acts as a significant stimulus. Employees who had worked for a short time at a company or had a student status were more frequently harassed. Men also harassed by men or women and it have also showed a similar trend, the largest age groups were between the ages 20 and 30.9 The harassers were usually married men between the ages of 35-40, in half of the cases with a higher hierarchical position. Most of the complaints were solved in an informal way, even the more severe physical forms; the harasser received a final warning and not an official sanction. More than 40% were employees and 31% were managers.10 Precautions of Sexual Harassment in Workplace by employees: Most women themselves fail to recognize sexual harassment and treat it as trivial and routine. Such has been the internal coping mechanism. Ignoring offensive behavior or denying its existence is the most common ways women deal with sexual harassment. For the prevention of the sexual harassment in workplace the government, employers and employees have some duty and responsibility. The government should incorporate appropriate laws in relation to the protection women workers from sexual harassment in workplace. The employers should take any 8 (Lancaster) 9 (Defense Manpower Data Center ) 10 (State of Wisconsin)
  • 15. single complain seriously and should take appropriate measure to investigation of such claim. If there is a prima-facie case the employer should hand over the alleged person to commit sexual harassment to the police. The employee should make complain if they face sexual harassment in work place to the employer or to the police station. The duties of the employees to eradicate the sexual harassment in work place are the following:  Don‟t maintain relationship with individual around who are uncomfortable and seem to be preoccupied with thoughts, words and action of a sexual nature.  Weak individuals are often targeted as victims. By acting and speaking in strong ways, individuals take themselves out of many situations where harassment may occur.  Let others know sexual harassment will not be tolerated. If a person makes a lewd comment, ask them not to. Keep employees position on the matter clear.  Find friends that can be trusted and appreciated. Have things in common, such as senses of humor and jobs.  Tell the harasser to stop; employees have to express their feelings about the situation and making it clear that his or her behavior is unwelcome and unwanted. If done in privacy, and the inappropriate behavior ceases, the relationship can continue positively.  If the harassment does not cease after employees have made a clear request for it to stop, ensure that employees keep a written record of all incidents of harassment in detail, including words, gestures, action, time and place, and witness (if any). This helps in terms of remembering details for official investigations and reporting.  Make a report to the human resource department of employees organization – request for an investigation, appropriate disciplinary action and preventive practices.  If employee‟s organization has no human resource department, report to a higher authority that has the power to make decisions about what can be done (supervisor, head of department, etc.).  Respond at the appropriate level. Use a combined verbal and physical response to physical harassment and Speaking about sexual harassment is an effective tool in combating it. It helps in changing attitudes of people towards this issue.  If employees are a member of a labor union, they have to talk to their union representative. The Union can take to combat sexual harassment.
  • 16.  Being quiet about sexual harassment lets it continue. Employees have to talk to other co- workers; they may not be the only one harassed by this person.  Employees have to Trust their own instincts about possible danger: In an uncomfortable situation, be direct and honest, and remove them from the situation immediately.  Employees should be aware of the company‟s anti-sexual harassment policy.  Attend sexual harassment awareness training and gather more information about it. Do The Sexually Harassed Employees seek Legal Help? Many sexually harassed individuals in the workplace put up with damaging physical and psychological effects of sexual harassment because taking action can be daunting, especially in environments that do not provide moral and practical support. From different research studies and from our survey we have found the sexually harassed persons are not much interested and felt not comfort while asking legal help. . There have been increasing efforts around the world just to break the silence on sexual harassment but also to take pre-active steps.11  In Bangladesh the judicial system is faced with many challenges that have a negative impact on ensuring equal access to justice. Limited resources, poor infrastructure and the limited number of trained judges and lawyers, among others, have had a negative effect on women‟s capacity to seek redress through the judicial system. The main challenges relating to the investigation, prosecution and punishment of perpetrators for acts of violence against women in the workplace are due to the lack of coordinated criminal justice response, expertise and adequate mechanisms to conduct credible investigations 11 (Pradhan-Malla, 2009)
  • 17. comprehensive redress mechanisms and understanding of the root causes and consequences of violence against women in the workplace.12  While doing our survey we found that women‟s access to justice and protection is still impeded by generalized impunity, limited access to services and shelters, lack of or insufficient legal representation and limited awareness of their rights.  A sense of economic and social deprivation is found in case of asking help for sexual harassment in the workplace.  Fear of social stigma, cultural and family barriers inhibits women are abstain from speaking out about their harassment in the workplace. However, if a person is asked why the women harassed, then people might say “because she is bad.” In many cases they do not complain for fear of losing their jobs.13  In case of taking help from law enforcement authority the female workers are facing several problems like lack of female police all over, irrelevant questions, unfriendly environment, asking for bribe etc. How to reduce sexual harassment in workplace: To protect organization from sexual harassment, organization should take sexual harassment seriously and follow these steps. 1) Sexual Harassment Policy Have a sexual harassment policy in place that defines sexual harassment and provides examples of specific behaviors that constitute harassment. It should state that organization does not tolerate harassment based on sex (and other protected characteristics). Include the policy in organization handbook and communicate/review it with staff. Organization must discuss the policy with new 12 (Sexual Assault and Vulnerable Populations, 2011) 13 (women law center, 2008)
  • 18. hires. 2) Provide sexual harassment training Organization should provide periodic sexual harassment training to workforce and supervisors to help them recognize and prevent sexual harassment, and to help managers understand their responsibilities when dealing with issues of harassment. Organization should make sexual harassment training a mandatory training part of a new hire's orientation. 3) Have a complaint procedure Organization should establish a procedure for reporting a complaint of sexual harassment and alternative methods of filing sexual harassment complaints. Also, more than one individual should be able to take complaints, and they should be accessible. Organization should keep all complaints confidential. 4) Investigate all complaints An organization's liability for sexual harassment can be reduced or eliminated depending on how quickly and effectively it responds to a complaint of harassment. Thorough investigations should be conducted on all complaints immediately following receipt of the complaint. Accurate records of the investigation need to be maintained. 5) Correct the issue and protect the victim from retaliation Organization should take proper steps to correct the issue of harassment. If an employee is found guilty of sexual harassment after investigation, discipline the employee according to the severity of the offense and document the actions taken in writing. And, organization should make sure that no employee who brings a sexual harassment claim faces retaliation.
  • 19. What Employer can do to maintain a sound interpersonal relationship: At workplace, Interpersonal relationship refers to a strong association among individuals working together in the same organization. Employees working together ought to share a special bond for them to deliver their level best. It is essential for individuals to be honest with each other for a healthy interpersonal relationship and eventually positive ambience at the workplace.14 Why interpersonal relationship at workplace? - An individual spends around eight to nine hours in his organization and it is practically not possible for him to work all alone. -A single brain alone can‟t take all decisions alone -We need people around who can appreciate our hard work and motivate us from time to time -It always pays to have individuals around who really care for us -Make workers safe at workplace. 14 (Mnagement study guide)
  • 20. How to improve interpersonal relationship -Employees must communicate with each other effectively: For a healthy relationship employers should communicate with each other. They should remember that “A problem shared is a problem halved” -An individual should not interfere in his colleague’s work: Superiors must formulate specific routine for all the employees and make sure job responsibilities do not overlap. Overlapping of job responsibility leads to employees interfering in each other‟s tasks and eventually fighting over small issues -Pass on correct information to others If someone has asked to share some information with other co-workers, it must be shared in its desired form. Data tampering and playing with information spoil relationships among colleagues and lead to confusions at the workplace. Interact with your coworkers more often: Discussions must be on an open platform where every individual has the liberty to express their views and opinions. Written mode of communication is one of the effective ways of communicating at the workplace. Make sure your emails are self-explanatory and do mark a cc to all related employees.
  • 21. Survey Data Analysis: Questions Yes No answer No Do you know about legal help regarding sexual harassment? 70% 0 30% Is legal help available in your existing workplace? 35% 2% 63% Have you ever sexually harassed in the workplace? 65% 10% 25% Would you seek legal help for sexual harassment in workplace? 80% 0 20% Do you feel safe or comfort while asking for legal help? 90% 0 10% Do you think one stop service and separate panel in the court and police station is needed for sexual harassment issue to make the procedure easy? 95% 0 5% 1)
  • 22. 1. What do you understand by sexual harassment? Interpretation: Out of 100 respondents of our survey, 60% have said that sexual harassment is verbal or physical conduct, 15% have said that sexual harassment is request of sexual favours and other remaining 25% have said that it is unwelcome sexual advances. 60% 25% 15% Verbal or physical conduct Unwelcome sexual advances Request of sexual favors
  • 23. 2). How the sexual harassment committed? Interpretation: Out of 100 respondents, about 40% mentioned that sexual harassment committed through voluntarily, 35% mentioned that it is committed through verbal activities, 20% mentioned that it is committed through physical activities and other remaining 5% mentioned that it is committed by using an electronic devices. 20% 35% 40% 5% Physical (staring, whistling - pin- ups, suggestive gestures) Verbal (sexual jokes, remarks about figure, asking for sexual intercourse) Voluntarily (unsolicited physical contact, touching body parts, kisses, hugs, rape) Committed using an electronic device, such as mail, text, phone call, social media.
  • 24. 3. In case of taking help from law enforcement authority what problems did you face? Interpretation: Out of 100 respondents, about 43% mentioned that procedure for seeking legal help is complicated, 30% mentioned that procedure is lengthy, 22% mentioned that procedure is biased and other remaining 5% mentioned that procedure is favourable. 30% 43% 22% 5% Lengthy Complicated Biased Favorable
  • 25. 4. Why you do you feel safe or comfort while asking for legal help? Interpretation: Out of 100 respondents, about 65% mentioned that the reason will be job insecurity, 25% mentioned that the reason will be shyness, 7% mentioned that the reason will be family barriers and other remaining 3% mentioned that the reason will be social and cultural barrier. 25% 65% 3% 7% Shyness Job insecurity Social and cultural barrier Family barriers
  • 26. 5) In case of taking help from law enforcement authority what problems did you face? Interpretation: Interpretation: Total out of 100 survey people 35% said Lack of female police all over, 20% Irrelevant questions, 10% Unfriendly environment, 30% asking for bribe and 5% said others. That means when women are asking for help to the law enforcement authority they did not find female police officers with whom they can talk freely. They also face irrelevant questions and ask for illegal monetary facilities. Lack of female police officers Irrelevelent question Unfriendly environment Asking for bribe Others
  • 27. 6) If there is a policy statement in your company on sexual harassment its content includes? Interpretation: Total out of 100 survey people 48% answer both taking Complaints formally and Sexual harassment will not be tolerated, 16% answer taking Complaints informally solely, 28% answer assuring complaining person will not be victimized or penalized and rest of the slays others. Here we found that the organization does not so serious about confidentiality and prevention of sexual harassment. Complains formally and sexual harassment will not be tolerated Complins informally Assuring complains persons will not be victimized or penalized Assuring about confidentiality
  • 28. 7) What initiatives the organization should take to make the employee more comfortable regarding taking legal help on sexual harassment according to you? Interpretation: Total out of 100 survey people 45% answer create friendly environment, 38% answer both making a separate department and taking strong action, 12% answer provide punishment first and 5% says others. From our survey we found that employees do not find the environment friendly while taking help for sexual harassment and many of them also demand for separate department for helping them regarding this problem. friendly environment making a separate department and taking strong action provide punishment first others
  • 29. 8) How electronics and print, social media can play important role for making the present situation more comfortable in case of asking help? Interpretation: Total out of 100 survey people 68% answer Social awareness ads, 25% says bill board, 5% says drama and 2% says others. In 21st century people spend a lot of time in front of television, radio, using social media. So, respondents mainly prefer ads in different media as a media of social awareness for sexual harassment in the workplace. Some of the respondents think different drama and movie would be more effective. Social awareness ads bill board drama Others
  • 30. We also take an interview of the additional registrar MR. Msfiqure Rahman of EAST WEST UNIVERSITY regarding the sexual harassment related legal procedure of this university. The conversation is mention below accordingly- Student: Good morning. Sir. Sir: Good morning. Student: Sir, we are here to know some information regarding the sexual harassment policy in our varsity for preparing a report of bus law (bus 361). Our instructor is Fhamida Hasan , Barrister-at-law. Sir: ok...But I am in hurry. So come to the direct point. Student: Of course sir. Is there any policy statement on the sexual harassment in our varsity? Sir: There was a policy to provide legal help to the victim, but that was expired for several years before. We have a plan to prepare a new policy on it. But you know it is very long procedures like need to take permission hire a lawyer, make a separate office etc. so it will take time. Student: Sir if anyone become sexually harassed how will you do handle it? Sir: There wasn‟t happen this type of incident for last ten years. An incident was happened but not very serious .we dealt the situation in other way. Student: ok sir. Thanks for your cooperation. Sir: you are most welcome. Suggestion: The most effective weapon against sexual harassment is prevention. Harassment does not disappear on its own. In fact, it is more likely that when the problem is not addressed, the harassment will worsen and become more difficult to remedy as time goes on. In a country like Bangladesh where large scale starvation, mass illiteracy and ignorance affect the life of the people very adversely to change the current situation we may do the following things:
  • 31. 1. People should have clear knowledge about sexual harassment for their own safety. 2. There are numerous act and policy the government and organization have. It‟s the duty of people to know their own rights 3. The government in collaboration with women‟s and labor rights should draw up a code of conduct that would be applicable and appropriate for the industrial sector. All factories should put in place a clear and simple complaints procedure. 4. It also be considered that the policy regarding sexual harassment should be equal for everyone both for man and women otherwise anyone can take personal and wrong advantage using the policy. 5. Workers must be assured of full confidentiality. 6. All personnel in positions of authority should have mandatory gender sensitivity training, especially on the topic of sexual harassment in the workplace. Workers should be provided with the appropriate documentation upon hiring. 7. The language of the law against sexual harassment should be amended to reflect a less aggressive toward women. 8. People should to speak up. State clearly and firmly that what type of particular behavior they seek to cease. 9. From our questionnaire we see that people seek legal help but not feel comfortable because of complex procedure. So the authority should make the legal procedures faster, easy and confidential. 10. Victim should not blame her/himself. Sexual harassment is not something one brings on oneself. 11. Waiting to act in cases of sexual harassment only increases the probability that the harassing behavior will continue.
  • 32. 12. Being quiet about sexual harassment enables it to continue. Chances are very good that you are not the only one who has been harassed. Speaking up may prevent others from being harmed. 13. The organization should take some initiatives to make the employee more comfortable regarding to take legal help on sexual harassment like:  Create friendly environment  Making a separate department  Taking strong action  Provide punishment fast  policy should be clearer  Talking more about this issue to create awareness 14. Employees should obtain and become familiar with the organization‟s policy on sexual harassment, examine one‟s feelings, attitudes, and behaviors in relation to sexual harassment. 15. Electronics and print media, social media can play important role for making the present situation more comfortable to talk about sexual harassment by social awareness ads, campaign, drama, talk show. 16. One stop service and separate panel in the court and police station in needed for sexual harassment issue to make the procedure easy. 17. To prevent the problem and create awareness this topic can be included in the text book to aware the students who are the future employees. 18. All the people should take training about how they can protect themselves and fight against sexual harassment. Bangladeshi women are facing different kinds of violence. They are not even aware about their rights and legal provisions against violence. Sometimes they need to share these with confident
  • 33. one. In response, National Helpline Centre for Violence against Women and Children, a helpline center for the Bangladeshi women and children victim was founded in 19th June, 2012 to provide the immediate service to victims and links up to relevant agencies. The helpline number is 10921. It is a toll free number and available 24 hours a day, seven days a week. It is accessible from all parts of Bangladesh and all beneficiaries can make call from both fixed phone and mobile phone. It‟s a confidential service that offers legal advice, police assistance, telephone counseling, referrals to other organizations service, information regarding violence issues. Conclusion: Sexual harassment in the workplace has very bad impact on both psychological and physical for men and women. We should know the guideline regarding the scope of protection, liabilities, and remedies for sexual harassment. Irrespective of the details of the law, all individuals desire and deserve a workplace where they are treated with appropriate respect in a comfortable environment conducive to effective teamwork and optimal productivity. As such, leaders and employers must set the pace in affirmatively combating sexual harassment in the workplace including educational settings.
  • 34. Bibliography: 1. Ahmed, S. (2013).Contemporary Issue "Sexual Harassment In The Workplace. THE DAILY STAR , 13. 2. Anzalone, C. (1991) Sexual Harassment Survey of Reserve Component Members by buffalo news. 3. Appelbaum, R. &. (1997). sociology a brief introduction. new york: longman pub group. 4. Clarke, R. V. (1997). situational crime prevention: sucessful case studies. harrow and heston. 5. Corporate Crimeand Gender Discrimination. (2014). Retrieved november 29, 2015, from julianhermida: http://www.julianhermida.com/contcorporate.htm 6. Corruption up in Bangladesh: TIB. (2013). Retrieved november 30, 2015, from http://bdnews24.com/: http://bdnews24.com/bangladesh/2013/07/09/most-graft-in-politics-police- judiciary-tib 7. e.h.sutherland. (2003). “Preventing Sexual Harassment in the Workplace" 8. Friedrichs, D. O. (2010). trusted criminals: sexual harassment contemoporary society. washworth publsihing. 9. Friedrichs, D. O. (1992)." WHY SEXUAL HARASSMENT IS STILL AN ISSUE AND WHY SO MANY GET AWAY WITH IT" provisonal solution. journal of human justice , 5-21. 10. Haury, A. C. (2012). "Prevneting violence and sexual harassment in the workplace" 11. khan, w. i. (2015).Workplace Health and Safety Bulletin. 12. MOHAMMAD ASHRAFUL. (2013). Retrieved NOVEMBER 2015, from https://en.wikipedia.org: https://en.wikipedia.org/wiki/Mohammad_Ashraful 13. N.V.Paranjape, D. (2015). Criminology & Penology with Victimology. works press. (2007). rajshahi university law review vol. 14. Street kids and crime. (2015, june 22). Retrieved 2015, from theindependent. 15. Street kids and crime. (2015, june 22). Retrieved november 29, 2015, from the independent: http://www.theindependentbd.com/printversion/details/4570 16. Sutherland, E. H. (1949). Measuring Gender-based violence: Results of the Violence Against Women (VAW) Survey new york: holt,rinehart and winson. 17. transparnacy international bangladesh. (2006, july 5). corruption database 2005 , pp. 47-51.
  • 35. 18. types ofsexual harassment in the workplace. (2009). Retrieved november 27, 2015, from ckfraud.org: http://www.ckfraud.org/whitecollar.html 19. Vold, G. B. (1997). Theoretical Criminology. oxford university press. 20. Labour Force Survey 2013. Dhaka: BBS . Retrieved november 29, 2015, from http://thelawdictionary.org/: http://thelawdictionary.org/organized-crime/ 21. Provisional Report on Economic Census 2013. Dhaka: Bangladesh Bureau of Statistics
  • 36. Appendix: The survey is required to understand the scenario of sexual harassment in workplace. Further in depth the survey is conducted to analyze the picture whether people seeking legal help for sexual harassment or not. We are focusing educated people who are working in different organization. The sample size of the survey is 100 and the result will be showed in the report. Questionnaire: Name: Date: Age: Gender: Occupation: Designation: Note: You can select multiple options if you want. 1. What do you understand by sexual harassment?  Unwelcome sexual advances  Request of sexual favors  Verbal or physical conduct  Others if any __________________ 2. Do you know about legal help regarding sexual harassment?  Yes  No 3. Why would you seek legal help?  Justice  Compensation  dignity  Punishment  Others if any _______________________ 4. How the sexual harassment committed?  Physical (staring, whistling - pin-ups, suggestive gestures  Verbal (sexual jokes, remarks about figure, asking for sexual intercourse)  Voluntarily (unsolicited physical contact, touching body parts, kisses, hugs, rape)  Committed using an electronic device, such as mail, text, phone call, social media. 5. Is legal help available in your existing workplace?
  • 37.  Yes  No 6. Have you ever sexually harassed in the workplace?  Yes  No 7. Would you seek legal help for sexual harassment in workplace?  Yes  No 8. How is the procedure for seeking legal help?  lengthy  complicated  biased  favorable  Others if any_______________________. 9) Do you feel safe or comfort while asking for legal help?  Yes  No 10. If no why?  Shyness  job insecurity  social and cultural barrier  family barriers  Others if any_________________________ 11. In case of taking help from law enforcement authority what problems did you face?  Lack of female police all over  Irrelevant questions.  Unfriendly environment  Asking for bribe  Others if any _______________________ 12. If there is a policy statement in your company on sexual harassment its content includes –  Committed to prevent sexual harassment.  Sexual harassment will not be tolerated.  Taking complaints formally.  Taking Complaints informally.  Assuring about confidentiality
  • 38.  Assuring complaining person will not be victimized or penalized  Others if any _____________________________________. 13. What initiatives the organization should take to make the employee more comfortable regarding taking legal help on sexual harassment according to you?  Create friendly environment  Making a separate department  Taking strong action  Provide punishment fast  Policy should be more clear  Talking more about these issue to create awareness  Others if any _____________________________________. 14. How electronics and print, social media can play important role for making the present situation more comfortable in case of asking help?  Social awareness ads  Campaign  Bill Board  Drama  Talk show  Others if any _____________________. 15. Do you think one stop service and separate panel in the court and police station is needed for sexual harassment issue to make the procedure easy?  Yes  No