Jaya Ramachandran and Arjun Paleri
A hostile work environment is created when an employee experiences workplace harassment or discrimination that is pervasive and severe enough to affect their ability to work. And, while harassment in the workplace is not limited to sexual harassment, it undoubtedly is the type of harassment that is most often reported.
Sexual harassment consists of any unwelcome act of a sexual nature that is severe or pervasive enough to affect an individual’s work environment. In the context of creating a hostile work environment, on most occasions, there is a pattern of offensive conduct that is pervasive and severe enough to interfere significantly with an individual's work performance or to create an intimidating, hostile, or offensive work environment. However, it's important to note that not all instances of hostile environments necessitate a prolonged pattern of behaviour. There are circumstances, particularly in cases of exceptionally severe incidents of sexual harassment, where a single event can be sufficient to constitute a hostile work environment.
Did you know?
Most non-compliance under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH law”) are punishable with a fine of up to INR 50,000 for non-compliance in the first instance and up to double the fine in case repeated offences.
If an organisation repeats an offence, it may also have its business registration cancelled.
Failure to make a statement in the director’s report on compliance with POSH law and disclosure on POSH matters attracts a fine ranging between INR 50,000 and INR 25,00,000 for organisations and every officer in default may be punished with imprisonment for a term up to three years and/or a fine ranging from INR 50,000 to INR 5,00,000.
While the above are consequences of non-compliance with the requirements of the law, these are not the only reasons to motivate organizations to put in place mechanisms to prevent and address sexual harassment at the workplace.
Costs associated with Sexual Harassment
The costs associated with sexual harassment span both economic and social aspects; each with substantial implications, impacting victims, organizations and society at large.
Economic Costs:
Legal and Compliance Costs: Organizations face significant legal costs when addressing allegations of sexual harassment. This includes the costs of investigations and potential fines. Legal battles can be protracted and expensive, diverting resources from other organizational priorities.
Turnover and Retention Issues: The costs associated with recruiting, training, and lost productivity due to turnover can be substantial for organizations. Victims may leave their jobs to escape the harassment, while organizations may lose valuable talent and incur additional costs to replace them.
Healthcare Costs: Victims of sexual harassment often require medical and psychological support to deal with the aftermath of their experiences. This can lead to increased healthcare costs, including therapy and medication for mental health conditions such as anxiety, depression and post-traumatic stress disorder (“PTSD”).
Productivity Loss: Sexual harassment can severely impact the productivity of the victim and their colleagues. The stress, fear, and discomfort associated with harassment can distract employees and reduce their ability to focus on their work, leading to significant drops in productivity.
Social Costs:
Fear of Negative Labelling: Cultural and ethnic backgrounds significantly influence how individuals perceive and respond to situations that may be considered awkward, undesirable, or even abusive. The fear of being labelled negatively, such as being seen as a “troublemaker” or “spoilsport”, can deter individuals from addressing or reporting objectionable behaviour. This fear can be amplified in environments where conformity and acceptance are highly valued. The desire to be liked and to belong can overshadow the willingness to confront issues, leading to silence.
Mental Health Impact: Victims of sexual harassment often suffer from anxiety, depression, PTSD, and other psychological ailments. The trauma can lead to social withdrawal, impacting the victim's personal and professional relationships.
Workplace Dynamics: Sexual harassment can poison the work environment, leading to decreased morale, increased tension among employees, and a general decline in the quality of work life. It undermines trust in the organization and can result in a hostile work environment for everyone, not just the direct victims.
Reputational Damage: Repeated instances and systemic issues related to sexual harassment can erode public trust in institutions and leaders. It can tarnish an organization's reputation, affecting customer perceptions and potentially leading to a loss of business. And, rebuilding a damaged reputation requires considerable time and resources.
Therefore, beyond the organizational level, sexual harassment contributes to broader societal costs as well. It perpetuates gender inequality and can discourage participation in the workforce, especially in industries or professions where harassment is perceived to be more prevalent.
Strategies for combatting harassment and fostering inclusion
Addressing these costs requires a proactive and comprehensive approach from organizations:
Strong Policies and Procedures: Organizations should have clear policies that define unacceptable behaviour and procedures for reporting harassment or discrimination. These policies must be communicated regularly to all employees.
Training: Regular training sessions for employees and management on recognizing, preventing, and responding to harassment and discrimination are crucial. Training should emphasize the importance of respect and inclusivity.
Effective Reporting Mechanisms: Employees should have access to multiple, confidential channels to report concerns without fear of retaliation. This includes clear procedures for investigations that are prompt, thorough, and impartial.
Accountability: There must be consequences for violating policies. Taking prompt and appropriate action against perpetrators is necessary to enforce standards and deter future misconduct. Individuals engaging in reprisal, whether in the form of ignoring the victim, giving negative performance rating/review, or giving the victim less desirable work assignments should also be held accountable for their behaviour.
Support Systems: Providing support for victims, such as counselling services is essential. Support helps address the immediate impacts on the victim and reinforces the organization's commitment to a safe and respectful work environment.
Culture of Respect and Inclusion: Beyond policies and training, cultivating a workplace culture that values diversity, equity, and mutual respect is vital. Leadership plays a critical role in modelling these values and behaviours.
Not to forget, society also benefits from broader cultural shifts that challenge and change norms around gender and power dynamics and promote equality. By promoting equality and dismantling stereotypes, societies can foster environments where respect and dignity are central values, benefiting everyone. These cultural shifts can lead to more harmonious and productive communities, reduce incidents of harassment and discrimination, and create spaces where individuals feel empowered to contribute their best.