A nostalgic trip back to college life

What is acceptable in college may not be so at the workplace. As such, it might be time for a PoSH workshop! When you are young, wild, and free, the college serves as a ground for endless exploration and fun. You barely think before you speak, your body language is overly friendly at times and intimate stories are shared freely amongst friends. A hug, a sly joke made on a friend, and casual foul language to address one another constitute the life of an ordinary college student. The threshold in college for what is acceptable behavior may be high, but any girl who is uncomfortable with a given sexual behavior can file a Sexual Harassment Complaint with the Internal Committee in her College. What may seem fine to girls in college is not actually fine, if it is unwelcome behavior. Awareness of what is Sexual Harassment in colleges is low, which is one of the reasons why the behavior is condoned by many students. But that does not make it right. The awareness in workplaces has gone up substantially, thanks to the PoSH Act, 2013 mandate of Awareness Sessions for Employees.

The Dual Connotations of the Same Behavior

Same actions can elicit different responses when carried out at different places, with different people. The social environment at both college and the workplace are immensely different. A college has a playful atmosphere due to the teenage crowd, some on the cusp of adulthood but not yet adults. In college, when surrounded by people of your age, the way you conduct yourself may not have required too much thought. But, in the workplace, where there are people of all genders, ages, and backgrounds, it's vital to think over your actions before proceeding ahead. An innate action of slapping your best friend's back in college may have elicited a funny response from them. But, if you were to pat the back of your colleague at work casually, it could quickly become a case of Sexual Harassment. Let's look at some actions that may seem innocent in a college setting due to its carefree atmosphere but scream of discomfort or even Sexual Harassment at work! Some might not even strike as problematic or Sexual Harassment in college, until someone files a Sexual Harassment Complaint, in college or in the workplace.

Casually Blocking a Person's Way Intentionally

Back in college, standing in their way and restricting their movements was a quick way to get on the nerves of your friends. It would probably make your friend glare, then retort, resulting in friendly banter. But can you imagine that happening in your office? The discomfort that simple action would cause could send any employee over the edge, especially a female employee. Thoughts like, 'what's happening?' and 'what do I do to get out of here?' would occupy their minds. A big no-no!

Brushing Lightly Against Another Person

In college, brushing each other's shoulders or giving a nudge to their knee while pretending not to do so was common. It served as a quiet signal between lectures or when you wanted to catch your friend's attention while in a group of people. But you cannot push, play with, or breach this physical boundary in the office. Unwelcome touches or close physical proximity is a straight case of Sexual Harassment. Intrusion in personal space is just not it!

Staring

That seems quite harmless, right? What could be the issue with looking at someone? College-goers often check each other out, sometimes in curiosity, and other times in awe. It's a common practice and may not have raised any brows. But, staring intensely at your colleagues can create a weird atmosphere. The recipient of such an unwavering stare would begin to quiver, look away or feel highly conscious. Ogling at female fellow-students or employees can make them feel like a sexual object, in college or at the workplace, or at the very least, make them feel icky. Yes, not only ogling, but even staring can be potentially Sexual Harassment, irrespective of the place.

Consistent Pestering

This one is very common amongst most college kids! Following your friends around the campus, pestering them with little things, and annoying them is the silliest way of passing the time. Yet, it's not uncommon. Sometimes, you want to bug your friends because you're bored! But a colleague following another around consistently, especially if it's not about any work-related matter, could qualify for stalking. Similarly, paying excessive attention to a female employee for no reason can drive an uneasy feeling.

Insulting Remarks

Go to any college campus, notice any group of friends, there will always be some running joke about every friend. Dishing out insulting or crude remarks, poking fun at each other is not an unusual event. Sometimes, you would find two of your closest friends screaming and hurling the choicest of colorful words while laughing in the same breath! Half of the college fun came from sharing lewd jokes or spilling exaggerated and ludicrous sexual stories. You would have often realized that some of the stuff is fictional, but all the theatrics were enough to make you chuckle in amusement. But, in the office, calling names to your colleagues wouldn't be acceptable. A certain professional boundary does not permit you to fool around or pass degrading comments, even jokingly. Sharing intimate stories, making sexual innuendos or cracking offensive jokes could make everyone uncomfortable. Even if the joke or the story is not directed at some specific employee, the overall environment will be tense. If it’s aimed at a female employee or co-student, or even if one is around and uncomfortable with it, it can potentially become a Sexual Harassment Complaint under the PoSH Law. Workplace etiquette cannot be polluted with a string of laughable, offensive remarks and obscene behavior. That would be inappropriate, even if no one has filed a Complaint!

Asking Out on Dates

College is where most people fall in love at first sight, a bazillion times. But it's a magical place, and asking someone out would not seem out of the ordinary. Since everyone in college is more or less in the same age bracket, dating culture in college is rampant. But at work, imagine if a manager asked a female subordinate on a date, gave her roses, chocolates, or stuffed toys. It would cause such embarrassment and awkwardness. Plus, it would also add unnecessary stress to her. A chain of thoughts on the line of 'how do I say no to him, he is my manager!' would run through her mind. She would think of all the worst plausible scenarios that could happen at work post her rejecting the advances. It's a Sexual Harassment lawsuit waiting to happen! Moreover, it’s unethical for a superior to make romantic advances towards a subordinate, even if consensual.

The #MeToo movement took every industry by storm in the past few years. Both men and women recounted several shocking stories of Sexual Harassment. It reminded everyone how Sexual Harassment is still entrenched in the organizational system. Most people suppress their horrifying tales of Sexual Harassment, while others avert their gaze instead of raising a voice against it. A quick peek in the statistics will make you sigh in disappointment. A survey by the ABC and Washington Post reported that 54% of women are victims of workplace harassment. What's shocking is that 95% of harassers go scot-free! Another 2020 report by the US Equal Employment Opportunity Commission (EEOC) revealed that 55% of victims who make an official complaint undergo retaliation. This retaliation could come in the form of social exclusion and demotion or unfavorable task assignments. That further promotes toxic work culture!

What to Do when you witness Sexual Harassment at Workplace?

Sexual Harassment shadows an exemplary, honest, hard-working employee's dedication and productivity at work. It also overall negatively impacts the organization. In situations of Sexual Harassment at work, some of the following options are available:

Communicate

If the situation is safe enough and the victim wants to communicate with the harasser to address their behavior openly, they must! Call out the inappropriate, hostile, intimidating, and abusive conduct, either while it's occurring or in a conversation later. It will allow the other person to understand how their action and behavior are out of line.

Make Records

Whether the harassment was a standalone episode or a recurring event, jot down all the necessary details. Please specify the date, time, name of the harasser, where it occurred, any possible witness, and the offensive behavior. Ensure to keep one extra copy of this information out of your workplace.

Drop an Internal Complaint

Every workplace has a set guideline and policy that dictates the procedure of reporting harmful incidents. If there is no policy, make a complaint to HR or any trustable superior authority. Keep track of all the official communications.

Reach Out to PoSH Law by filing a Sexual Harassment Complaint with the Internal Committee

The Indian Legislature has enacted the 'Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013' (PoSH Act, 2013) to safeguard women in workplaces. Every employer needs to comply with the PoSH Act. This anti-Sexual Harassment Act protects all women at the workplace, including employees, regardless of their employment term and type, the remuneration basis, who hired them, and whether the principal employer knows of the employment. The PoSH Act also covers interns, apprentices, contract workers, trainees, and probationers. The PoSH Law has the following objectives:

1. Ensure a secure work environment for ALL WOMEN at the workplace, and protection from both fellow employees and non-employees.
2. Constitute an Internal Committee (IC/ICC) in workplaces that have 10 or more employees. This committee is responsible for inquiring into and redressing any Sexual Harassment Complaints. (Each college should have an Internal Committee of its own.)
3. Constitute a Local Committee (LC) in every district for workplaces with less than 10 employees.
4. Ensure an extensive Inquiry to adjudge the veracity of each Sexual Harassment Complaint within 90 days. The PoSH Committee Members will write a detailed report, and if the claims are valid, they will make Recommendation, and the employer will take necessary action against the harasser.
5. Mandate the employers to organize awareness programs and workshops to sensitize the employees. The workshops should offer complete information about the PoSH Act and the redressal mechanism set in place at the organization.
6. The PoSH Committee Members also make Recommendations to punish the Complainant, if they have proved, through Inquiry, that the Complainant knowingly filed false allegations. The employer has to take action on the Recommendations of the IC.

Pro Tip:

While there are several recourses available to prevent Sexual Harassment at work, the best option is to nip it in the bud. Conduct a PoSH training for the employees and establish a strict PoSH Policy in your organization! Rainmaker offers several types of PoSH training for employees. Choose one that suits best for your organizational needs!

• Online Training on Prevention of Sexual Harassment
• Instructor-Led Virtual Training
• Organizational Physical Workshops for Prevention of Sexual Harassment

It also offers the services of PoSH External Members. This member is a mandatory part of the IC.  Rainmaker also provides the services of PoSH experts who help draft and review PoSH Policy and conduct a PoSH Audit to ascertain areas of non-compliance.

Wrapping Up

College truly serves as a reminder of a carefree time. You could frolic and josh around with your peers all day long. But a workplace is different! Workplace boundaries are crucial. Any invasion of personal space, suggestive remarks or gestures, risqué jokes, and unwanted advances can ruin the work atmosphere. Every person, every colleague has the right to work in an environment that aids in their career's success and helps them thrive and hone their skills. Sexual Harassment can taint that experience forever and cause trauma that would need years to undo. So, be mindful of the actions, words, and behavior displayed at work. Be polite, be sensitive, do not thrust your old college ways at the workplace. Most of all, be aware and educated about the PoSH Act and ensure regular PoSH training for employees. After all, prevention is always better than cure! Rainmaker Training Tip: While the author has tried to bring out the college nostalgia, we are not condoning the college behavior described above. We are underlining the fact that there is a thin line between friendly behavior and Sexual Harassment, even in college. What may be acceptable to most, enjoyed by most, but not welcomed by even a single woman (recipient or bystander), qualifies as Sexual Harassment under the PoSH Act, 2013, even in college. As you migrate from the college setting to your first job at the workplace, where the primary objective is to work and not 'have fun', our advice is to think thrice before indulging in indecent behavior. While college tends to be more forgiving, there is no leeway at the workplace for any offensive behavior, however popular. If in the slightest doubt, don't say or do it! Author: Sumali Nagarajan

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References- https://www.eeoc.gov/newsroom/eeoc-releases-fiscal-year-2020-enforcement-and-litigation-data https://www.inc.com/magazine/201804/minda-zetlin/sexual-harassment-workplace-policy-metoo.html