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A

Project Report
On

“SEXUAL HARASSMENT AT WORK PLACE”

Submitted towards the partial fulfillment of
Ist Semester of M.B.A.-INSURANCE
degree course, for the subject

Research Methodology

Submitted by: Submitted to:

NIHARIKA SHARMA Dr. V. S. Shasthri
Roll No. 228 Faculty In Charge
M.B.A. –INSURANCE Faculty of Law
Ist Semester National Law University

NATIONAL LAW UNIVERSITY, JODHPUR

2009

Acknowledgement .

228 MBA-INSURANCE 1st semester . I owe a sincere gratitude towards him for his untiring and instant academic and intellectual support and guidance. S. if they wouldn’t have provided me with the data I would not have been able to complete the project. Without his assistance I would not have got the conceptual clarity. I sincerely hope that this project live up to his expectations.This project provides me great opportunity of learning new interesting areas of Research Methodology. Shasthri without whose guidance and help this project would not have been a success. NIHARIKA SHARMA Roll No. At the same time I express my deep sense of gratitude towards Dr V. My thanks are also towards the Library of the University as.

) Violence in the workplace can occur due to social issues such as drug abuse. with very high demand and competition. it is even more. When they go higher up the ladder. Incidents of work related violence were minimal till the 1980s. as it causes damage to both the employer and the employee. Such violent behavior is unacceptable in a work environment.) • External workplace violence (customers. RESEARCH PROPOSAL RESEARCH AREA: SEXUAL HARASSMENT TITLE NAME: SEXUAL HARASSMENT AT WORK PLACE. identifies methodological problems and proposes recommendations for advancing our knowledge of this important construct. outsiders. It is found that these issues have become contributors to the dramatic increase in workplace violence. Women tend to face violence at whatever level they are in. organisations are living in an information era. and sometimes causes violence in the workplace. what we don't know about sexual harassment far exceeds what we do know. Accumulated stress may be the cause for an employee’s exhibiting violent behaviour. OBJECT : TO PRESENT A PERSPECTIVE OF SEXUAL HARASSMENT AT WORK PLACE. This paper critically assesses the research literature on sexual harassment. which has a direct impact on the work environment. etc. etc. Over the past two decades. INTRODUCTION : Despite numerous court cases and over 10 years of research attention. But now they are happening frequently. Workplace violence is divided into two broad categories: • Internal workplace violence (co-workers. superiors or managers. The following situations are found to be the multiple pre-incident indicators. The companies demand more from their employees due to reengineering. workplace violence has become an alarming factor for both the employers and the employees. that induce violence in the workplace: . layoffs. down-sizing and globalization which increases the stress level of employees. suppliers. Today. etc. Organisations have to tackle challenges to survive in the competitive environment with heavier and intense workloads.

There is a dramatic increase in employee turnover and an equally dramatic drop in employee morale.• Unexplained increase in absenteeism • Frequent. Now every organization has started recognizing the impact of violence and the financial consequences associated with workplace violence. the human resource manager’s challenge. Workplace Violence Research Institute (WVRI) found that many employers were sued under the violence act for injuries or death caused by violence. Employers can keep the potentially dangerous individuals under constant monitoring for reversal of attitudes and increased productivity.vague physical complaints • Threats to or verbal abuses of co-workers and supervisors • Behavior which is a portent of violent behaviours • Repeated comments that indicate suicidal tendencies • Increased use of alcohol and/or drug abuse • Increased mood swings • Preoccupation with previous incidents of violence • Explosive outbursts of anger or rage without provocation • Noticeable decrease in attention to appearance and hygiene • Depression and withdrawal • Noticeably unstable emotional responses • Escalation of domestic problems • Fascination for violent and/or sexually explicit movies or publications. It is. This could be handled with a well-developed strategic plan and written policies with a real commitment to offer support. A well designed Employee Education Program and adoption of a “Confidential Information Collection and Evaluation Center” (CICEC) will help the organization to identify the deviant behaviours and guide them. Employers can help the victim with proper counseling to reduce the risks associated with violence. The employees lose productivity and their image in the society. so that a . in fact. to support the employees who experience abuse. Employees feel that it is the employer’s duty to provide a safe work environment.

RESEARCH QUESTIONS: . Laws under which sexual harassment case can be filed 5..Criminal proceedings / disciplinary actions taken.Awareness to be brought among women to stand against harassment 4. DEFINING THE TERMS: SEXUAL HARASSMENT SEXUAL DISCRIMINATION Sex role static Sexual role stereotyping Sexual Abuse Sexual Criminal Behavior HYPOTHESIS: SEXUAL HARASSMENT LEADS TO DEMORALISATION OF WOMEN AT WORK PLACE. An effective Employee Assistance Program. AWARENESS TO LEGAL RECOURSE IN INCIDENTS OF SEXUAL HARASSMENT AT WORKPLACE ARE ALARMINGLY LACKING AMONG WOMEN.Conducting enquiry by the complaints committee. can reduce the possibility of occurrence of violence at the workplace and can also help the worker to face the issues with confidence. 3. 2. 6.violence-free work environment is maintained. GOAL : The goals of the project were to ensure the prevention of sexual harassment of women as to live with dignity is a human right guaranteed by our constitution. OBJECTIVES: Following are the objectives of the research: 1.To study the root cause of sexual harassment.Steps to be taken by the employer to avoide sexual harassment.

LIMITATION: The area of research needs views of experts & the subjects on which survey done. The impact that sexual harassment has on its victims can be monumental. Over the years there has been a great deal of research conducted related to the factors that influence a person's decision to report sexual harassment. Comparative. TOOLS/ TECHNIQUE: Survey through Questionnaires. Critical.Internet. The survey will be conducted by the means of questionnaire in which various questions on the topic will be posed to the respondents. Multi-Disciplinary & Case Law analysis. various Judgments of the Courts. However in . LITERATURE TO BE SURVEYED Sexual Harassment has long been associated with poor work performance and poor academic performance.Data collected through the means of questionnaire.HOW IS SOCIETY AND WOMEN IN SPECIFIC REACTING TO THIS LAW? RESEARCH METHODOLOGY: RESEARCH TYPE: My research type will be doctrinal as well as non-doctrinal in nature and therefore data will be collected from both primary and secondary sources.WHY WOMEN ARE TARGETTED? 2. METHOD: Analytical. e-books and online newspaper journals.WHAT KIND OF OF HARASSMENT DO MOST OF THE WOMEN FACE? 4. analyzed and recommendation will be made. and due to time constraints their views could not be collected.WHICH AREA AND SECTOR ARE AFFECTED THE MOST? 3.AFTER FORMATION OF LAW. This is why reporting sexual harassment is so important. DATA SOURCE:- PRIMARY DATA SOURCE:. News Papers.WHAT ARE THE CONSEQUENCES OF SEXUAL HARASSMENT? 5. Magazines.1. Information collected will be tabulated. Most of this existing literature is related specifically to the factors that influence a women's decision to report sexual harassment. SECONARY DATA SOURCE: The Constitution of India.HOW DO WOMEN REACT TO SEXUAL HARASSMENT? 6.

in/books? id=4fMstJadqksC&pg=PA11&lpg=PA11&dq=research+on+sexual+harrassment+at+c orporate+level&source=bl&ots=QyzkulU8Lr&sig=GemL4FMOo3cZPBjsF1AD9PAl35 8&hl=en&ei=wRh4Ssm0M9uXkAX27eXACQ&sa=X&oi=book_result&ct=result&resnu m=3#v=onepage&q=&f=false 2. sexism. The bulk of the text addresses gender stereotyping.recent years there has been an increase in the number of men that report sexual harassment. THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE (PREVENTION. enhance readability. Fictional scenarios showing young adults in situations involving harassment and gender bias illustrate the concepts. and readable.The book does an adequate job of defining terms. and make the ideas more relevant to teens. 2006 ABSTRACT A Bill conferring upon Women the Right to Protection against Sexual Harassment and to protect the Right to Livelihood and towards that end for the prevention and redressal of Sexual Harassment of Women. PROHIBITION AND REDRESSAL) BILL. And Whereas the Right to protection from Sexual Harassment and the Right to work with dignity are recognized as universal human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)." Book1:Coping with Sexual Harassment and Gender Bias By Victoria Felice Shaw ABSTRACT This book depicts basic understanding of gender bias. clear. this title is a secondary source. and sexual harassment. Whereas Sexual Harassment infringes the Fundamental Right of a woman to gender equality under Article 14 of the Constitution of India and her Right to life and live with dignity under Article 21 of the Constitution which includes a Right to a safe environment free from Sexual Harassment. . Positive.co.google.and how it suffers from stylistic flaws and inconsistent documentation. which has been ratified by the Government of India. and its emphasis on aspects of gender bias makes it more unusual than those with a sole focus on harassment. http://books.

which is to be considered. verbal/non-verbal conduct being sexual in nature. Physical contact and advances 3. It was in this landmark case that the sexual harassement was identified as a separate illegal behaviour. on a writ petition filed by .’ Article 1 : VISHAKA VS..Book3:HUMAN RIGHTS.legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as 1.it deals with the meaning of sexual harassment.the constitutional provisions and international conventions along with the legislative provisions. to this. In the abovementioned case.trade and business.CHOCKALINGAM In the chapter 19. sexual harassment and violence against women in india deals with the constitutional and legal persepective.Verma.Kirpal. Sexually coloured remarks 2. on behalf of Sujata Manohar and B. CJ. that for the first time sexual harassment had been explicitly. Any other unwelcome physical.JUSTICE& CONSTITUTIONAL EMPOWERMENT BY C. JJ. State of Rajasthan and others.RAJ KUMAR K.acc.each incident of sexual harassment of a women may result in the violation of constitutional provisions relating to fundamental rights of gender equality.while there is no specific legislation dealing with sexual harassment in india. A demand or request for sexual favours 5. STATE OF RAJASTHAN CITATION:AIR1997SC3011 It was in 1997 in Vishaka Vs. the judgment was delivered by J.S. Thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.The critical factor in sexual harassement is the unwelcomeness of the behaviour.N.the right to life and liberty and the right to practice any profession or to be involved in any occupation. Showing pornography 4.sexual harassment is a violation of one’s freedom and personal integrity.

therefore. called the large-numbers argument. is developed to justify this and it is shown that there are other areas. corporate world will have to relinquish some . a Pareto improvement. and that we can be both Paretian and ask for a ban. Hence. This paper shows that in order to understand and to resolve the problem of sexual harassment in the workplace.tripod. http://gayathiri1.21 of the Constitution.‘Vihska’.com/sexualharassmentatwork. When a worker offers to work for such a firm and is accepted. there is.ssrn.cfm?per_id=34513 Article3 :Sexual Harassment: Why the Corporate World Still Doesn't "Get It" Vaugkana Macy Fear ABSTRACT. the. http://papers.com/sol3/cf_dev/AbsByAuth.html Article2:Sexual Harassment in the Workplace: An Economic Analysis with Implications for Worker Rights and Labor Standards Policy By kaushik basu Abstract: Suppose a firm has a widespread reputation for sexually harassing its workers (or it follows the practice of telling workers that if they wish to work for the firm they must be prepared for sexual harassment). instead of relying on ad hoc judgments.a non Governmental organization working for gender equality by way of PIL seeking enforcement of fundamental rights of working women under Article. A general principle. Is there a case for banning such "contractual" sexual harassment? This paper argues that the answer is yes. The paper goes on to discuss how our sexual harassment laws ought to be reformed so as to be more receptive to the needs of society. this argument provides a general principle for deciding which market transactions ought to be banned as obnoxious. such as occupational safety where this principle can be applied. there may be a case for preventing firms from exposing its workers to excessive hazards even when each worker finds the pay attractive enough to want to submit to this. That is.

to another employee. HEATHFIELD ABSTRACT It Defines SEXUAL HARASSMENT i.com/cgi/pdf_extract/31/4/525 Article4: No more a personal problem BY Chaya Srivatsa ABSTRACT: This article says that Harassment of a sexual nature has to be dealt with severly and awarded the same kind of punishment that any disciplinary lapse warrants. Sexual harassment does not result from ignorance about fhct or law. and other verbal or physical conduct of a sexual nature. It is nor merely a culture.w3.htm .about. requests for sexual favors.M. against his or her wishes. It is no more the ‘personal’ problem of a female employee when her male counterpart makes any sexual advances that are unwelcome to her. it will remain an explosive problem for communication specialists. http://www. Unwelcome action of sexual nature or connotation.it occurs when one employee makes continued.myths.com/od/glossarys/a/sexualharassdef.sagepub. It also includes the Role of Managers in Harassment Prevention and Investigation. or communication problem.e.org/1999/xhtml Article5 : Sexual Harassment BY SUSAN. Until then. It is a problem which will be resolved only when the corporate world recognizes that sexual harassment is a moral problem and provides moral education for employees. unwelcome sexual advances. gender. http://humanresources. is illegal. http://pos.

. or would more drastic acts need to occur before company action could be taken?: ……………………………………………………......................... With whom could she speak if that person did not respond to her problem? ………………………………………………………………………………………….... ..... ... or should she write a formal letter? ………………………………………………………………………………………… ………………………………………………………………………………………… 6. is it required that copies be sent to other people (e....... How long should the female wait before bringing forth her concerns? ………………………………………………………………………………………… ………………………………………………………………………………………… 2. …………………………………………………………………………………………..Questionaire for the Working Women: 1... 5....g.......... Should she contact these people in person...................………………………………………………………………………………………... With whom in the company would the female employee speak first concerning this problem? …………………………………………………………………………………………. by telephone....... 3.......... 4..................... the CEO)? ………………………………………………………………………………………… ………………………………………………………………………………………… 7.. If she writes a formal letter....... How quickly could your company respond to such a situation? ………………………………………………………………………………………… ………………………………………………………………………………………… ... Could a company officer be empowered to act upon such a case....................

.. What is your company's policy. If yes.8... How long did the female wait before bringing forth her concerns? ………………………………………………………………………………………. 14. 15.. ………………………………………………………………………………………….. . . What decision was made in the situation? . How would the decision affect both parties. i. 11. What decision do you see being made in this situation? ………………………………………………………………………………………….. ………………………………………………………………………………………. How quickly did the company respond to the situation? ………………………………………………………………………………………….. . Could you describe an example of a sexual harassment case brought out in your company? …………………………………………………………………………………………..…………………………………………………………………………………………. concerning sexual harassment? ………………………………………………………………………………………… ………………………………………………………………………………………… 9. 12....………………………………………………………………………………………... How does your company go about informing its employees of its policy on sexual harassment? Are letters sent out? Are workshops held? ………………………………………………………………………………………… ……………………………………………………………………………………… 10. 13... official or unofficial. what actions would be taken? …………………………………………………………………………………………...e. …………………………………………………………………………………………...

. ………………………………………………………………………………………….……………………………………………………………………………………….. ….