By Raghu Kshitiz
Sexual harassment is a sort of offense that can affect many
people in the workplace regardless of the industry or size of the organization.
The effects of sexual harassment can be devastating for both the individual who
experiences it and for the workplace culture as a whole.
This can not only harm an individual's emotional well-being
but also work performance, and general happiness. Fortunately, there are
several measures that employers and employees can take to address sexual
harassment and promote a positive and inclusive work culture.
The initial step in managing sexual harassment is to create a set of explicit policies and processes that define what sexual harassment is and what steps will be taken to resolve it. This can include setting up a confidential reporting mechanism, educating workers, and introducing disciplinary measures for those who engage in such behavior. It is essential for employers to take a proactive stance toward preventing sexual harassment and cultivating a safe and respectful work environment.
Another crucial step is to promote cultural transformation
in the workplace which involves establishing a culture that respects diversity,
inclusion, and empathy. It is important to encourage a situation where
employees feel confident in speaking out when they experience or witness
harassment. This can be accomplished by encouraging open dialogue, promoting
diversity and inclusivity, and establishing a secure place for conversation and
feedback.
Employers should also give regular training to their
employees on subjects related to sexual harassment and cultural change. This
can help to increase knowledge and awareness of what constitutes sexual
harassment, how to prevent it, and how to report it. Regular training can also
serve to emphasize the significance of cultivating a respectful and inclusive
work environment.
All employers or managers must take a zero-tolerance
approach against sexual harassment. Acting quickly and appropriately when
harassment is reported, including thoroughly investigating the matter and
taking disciplinary action against the offender may assist in timely addressing
the issue. It is also vital to provide support and resources to the victim,
such as counseling or legal assistance, to aid them in recovering from the
trauma of the experience.
It is important to engage employees at all levels of the
organization to truly address the issue of sexual harassment and create lasting
cultural change. This can include creating a task force or committee dedicated
to addressing issues of harassment and discrimination, as well as encouraging
open and honest dialogue about these issues in the workplace.
It is also important for employers to take a proactive
approach to diversity, equity, and inclusion in the workplace. This may include
creating employee resource groups for underrepresented communities,
implementing diversity and inclusion training programs, and ensuring that there
is a diverse and inclusive representation at all levels of the organization.
Creating a culture that does not tolerate sexual harassment and promotes diversity, equity, and inclusion is not just the right thing to do -- it is also good for business. Studies have shown that diverse and inclusive workplaces are more innovative, productive, and successful. By taking proactive steps to manage sexual harassment and create a culture of respect and inclusivity, employers can create a workplace that is welcoming, supportive, and successful for all employees.
What does Law say?
The Government of Nepal has enacted specific legislation for
addressing sexual harassment in the workplace. To address the issues the
government has enacted The Sexual Harassment at Workplace Prevention Act, 2015
(2071), or Sexual Harassment Prevention Act came into effect on February 20,
2015.
According to section 4 of the Act any of the following unsolicited acts committed by, or caused to be committed by, any person in abuse of his/her position, power or by the imposition of any type of coercion, undue influence, or enticement would constitute sexual harassment:
- Physical contact and advances
- Showing or displaying pornographic material,
- Expressing sexual motives by way of written, verbal, or non-verbal means,
- Demand or proposal for sexual favors
- Flirting or harassing with a sexual motive.
However, the section further elaborates that in the event
any of the above acts are done for educational purposes or in the course of
treatment or providing protection to the employees, then such acts should not
be regarded as sexual harassment.
Responsibilities and Duties of the Employer
The act has defined certain duties and responsibilities of the employer, which include:
ØProviding necessary provisions relating to the prevention of sexual harassment in the internal employment rules
Ø Circulating information to create awareness of the issues and implications of workplace sexual harassment
Ø Making necessary arrangements for preventing the recurrence of sexual harassment
Ø Arranging for victims to make anonymous complaints
Ø Providing information to the victims on the procedure for filing complaints
Ø Providing the victims with the necessary psychological treatment
Nepal Labor Act 2074 has also addressed workplace harassment
and remedies for this. Section 132 (1) of the act has clearly defined that “No
person shall commit, or cause to be committed, any such act, with the exertion
of undue influence, as considered to be sexual harassment under the law in the
workplace or in the course of work.”
