Diversity represents the many different and meaningful ways in which people identify themselves. In our last blog post, we explored how the definition of ‘diversity’ must be widened and urged organisations to set a succinct definition based on their goals and initiatives, but in reality, how well do companies know people in their own organisations? Do companies understand how diversity might operate in their organization?

For many organizations, diversifying the workplace is merely superficial because of rising internal and external pressures. For such organizations, diversity is an act of tokenism undertaken without implementing inclusive policies that would allow them to tap into the many benefits of having a more diverse workforce. In doing this, the organization commits a mistake. In most organizations, ‘diversity’ is limited to gender and persons’ with disabilities. Even these categories may be narrowly defined. Take the example of organizations whose diversity initiatives are focussed on hiring more women. These initiatives might not look beyond the cisgender binary and might not be inclusive of trans-women. In the cases where they are inclusive of trans-women, they might fail to create an environment of inclusivity by having gender-neutral restrooms/spaces. If diversity is who we are, then many organizations do not know themselves.

Before companies implement any diversity initiatives, it is important that they have answers to the three following three questions.

1Who makes up the pre-existing workforce?

Even without diversity initiatives, every workplace has certain pre-existing diversities. Recognizing and understanding the pre-existing diversity in the workplace provides a solid base to build from. It is the first step towards implementing effective diversity initiatives.

This process helps organizations analyze the kind of diversity that is already present (or absent) in their workplace. Based on this information, organizations can further analyze whether and how these diversities are contributing to their objectives and goals. This allows them to fine-tune their diversity initiatives to have maximum impact. Analyzing the workforce also has additional benefits. By understanding the composition of its teams, an organization can understand how it can improve their behaviour and understanding of diversity.

Increased diversity in some cases can have adverse effects on the team and the organization. This is avoided by leaders who are sensitized to diversity and can resolve potential conflicts. Analyzing the workforce allows organizations to understand the kinds of conflicts their managers have experience in resolving and opens the door to sensitization and training in resolving conflicts that may arise from another kind of diversity being introduced into the workplace.

2What kind of diversities would help them better their products and/or services?

In our last blog post, we highlighted the 34 kinds of common diversities that can be included in an organization’s diversity initiatives. However, not every organization can benefit from each kind of diversity on that list. A company producing and marketing a product to unmarried individuals would not benefit from having a largely married workforce. Similarly, an organization producing and marketing products for males would not benefit from having many female employees. Cosmetic giant L’Oréal found that specifically having members from diverse cultural backgrounds was the best suited for maintaining a balance between their global and local operations. They reap a very specific set of benefits from having a multicultural workforce, which would perhaps not be possible if the workforce was gender diverse but homogenous in culture.

Each class of diversity provides a different kind of perspective. Organizations must analyze their products/services, objectives and long-term goals, to understand which perspectives (and thereby which diversities) would be most beneficial to their operations. Only then will their diversity initiatives be impactful for both employees and their operations.

3Are there inclusive policies in place that allow diverse individuals to make the most of all opportunities in the workplace?

Diversity initiatives and diverse hiring policies are merely token gestures without inclusive policies. Inclusive policies ensure that employees feel comfortable & valued in the workplace and don’t miss out on opportunities available to other employees. Inclusivity brings with it its own set of benefits which is distinct from the benefits that diversity offers to a workplace. A study by the Harvard Business School Division of Research found that inclusive policy results in improved outcomes vis-a-vis employee turnover, altruism and team engagement. Employees are also more likely to share crucial information and participate in decision-making processes.

Diversity without inclusive policies in place is ineffective and will not allow an organization to reap the many benefits of having a diverse workplace. It also conveys to the diverse elements of the workforce that their hiring is merely a diversity ploy, which can be disheartening and can be detrimental to employee morale. If diversity is the first step then inclusion is what makes a difference.

So how well do organizations understand diversity and themselves?

One can say that organizations understand diversity & inclusion and know themselves well when they have answers to all three of these questions. The diversity initiatives implemented by these organizations are sure to have a solid impact on both, employee morale and satisfaction as well as their own bottom lines. However, the process of arising at answers to the three questions is not a simple on, and this is where we at Conduct come in.

Conduct combines data, technology and law to help your organization understand its diversity profile, change discriminatory behaviours in the workforce, structure your misconduct filing and redressal process and address sexual misconduct in a legally compliant & secure manner. This ensures that your organization is legally compliant with PoSH & Labour Laws, has a gender inclusive culture and your teams are diversity sensitive.

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As organizations realise the advantages of diversity in the workplace, there has been a greater emphasis on hiring more diversely. But what qualifies as a “diverse” workplace? Does it mean that employers are of a variety of different races and genders? Or does it mean they’ve had a variety of life experiences? Understanding diversity is the first important step towards having a more diverse workplace. It ensures that an organization’s approach to diversity is not tokenistic or superficial. The term diversity today is no longer limited to genders and races. At the outset of any diversity initiative, an organization needs to decide for itself how it will define diversity.

Diversity initiatives usually interpret the term ‘diversity’ in a narrow manner. The narrow definition limits the discussion to gender and disabilities. This can prove to be problematic. A narrow definition focusing only on a few visible characteristics, is not only too exclusive, but is also too closely linked to affirmative action. A narrow definition will also fail to accomplish long-term cultural change that focuses on utilizing the best talents of everyone, a primary objective for diversifying the workplace. It is indeed strange that the term has been interpreted in a narrow manner. After all, every individual is a unique blend of predispositions, experiences, skills and education. The word ‘diversity’ itself has a very wide and all-encompassing meaning. The Merriam-Webster Dictionary defines diversity as ‘the condition of having or being composed of differing elements’. Ideally, when talking about a workplace, diversity should be about recognising the differences in individuals and being positive about those differences and respecting them in the workplace. Such a “broad definition” of diversity allows an organization to include the many ways in which people identify themselves that are important and meaningful.

To understand how diverse identities can be it is important to categorize these for our understanding. The various diversities in the workplace can be put into three distinct categories:

1. Surface-level diversity: Diversity in the form of characteristics of individuals that are readily visible including, but not limited to, age, body size, visible disabilities, race or sex.
2. Deep-level diversity: Diversity in characteristics that are non-observable such as attitudes, values, and beliefs, such as religion.
3. Hidden Diversity: Diversity in characteristics that are deep-level but may be concealed or revealed at discretion by individuals who possess them, such as sexual orientation.

What falls within each of these three categories is ever-expanding. The number of factors that define diversity is truly unlimited. Having said that, there are 34 types of diversities that should commonly be considered while discussing diversity in the workplace.

Figure: Diversity variables in any given organization

This list is by no means an inclusive one. An organization may choose to recognize and hire people possessing other diversities as well. Diversity is not fixed but rather fluid, and what it encompasses depends upon the new and meaningful ways in which individuals recognize themselves. Each diversity brings to the table a different set of experiences and hence a different set of ideas that can help a company grow to newer heights.

So how diverse is diversity?

There is no single answer to this question. It would be a folly to limit the identities that come under the ambit of ‘diversity’. Each organization must define diversity for its objectives and initiatives through conversations and inviting ideas in the workplace. In the end, the concept of diversity in the workplace is a concept of acceptance and respect. It involves understanding that individuals are a unique culmination of various experiences and it is recognizing these individual differences in a safe, positive and nurturing environment in a manner that helps employees contribute to an organization’s growth. Having said that, the 34 variables of diversity listed above are a great point to start and build from in diversifying the workplace.

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At CONDUCT, we work with visionary leaders to address diversity and inclusion mandates in a data driven manner. Our SAAS product converts the tedious activities of D&I and allows teams to grow individually and collectively in their journey towards a safe workplace. Visit getconduct.in for more details on the same.

Finding an appropriately qualified individual to fulfill the role of the external member in the Internal Complaints Committee is one particular task that poses quite a few difficulties for organisations. The ambiguity and vagueness in the guidelines for the same, as is the case with a majority of laws, also leads to a majority of employers uncertain about who exactly they ought to bring in for a particular post. The same also holds true for organisations when they search for appropriate persons to conduct their employee sensitization programs.

Unfortunately, a majority of organisations conduct this search for a qualified individual separately in both cases. A convenient and effective alternative in this case, which is ordinarily ignored by employers, is for the employee sensitization to be conducted by the external member of the ICC. At the outset, finding people who are experts in the field of sexual harassment, and have a working understanding of the law regarding the same, is quite an arduous task, considering that there are very few individuals who could fulfill these criteria. When added to the fact that organisations need to find one external member for their ICC, as well as a person to conduct their employee sensitization sessions, one can clearly see that finding appropriate individuals for either post is no easy task.

The obvious and most efficient solution in such a case would be for the organisations to have their employee sensitization be conducted by the external member of the ICC.

There are certain obvious benefits from following such an approach. Primarily, it saves the organisation from an unnecessary consumption of resources by having to find a separate person to fill the second post as well. Apart from this, the external member would already have prior knowledge and understanding of the environment in the organisation. This would play a telling role in the employee sensitization as they would also know which issues require to be given more stress and which do not.

Perception of the Act is one of the most important aspects relating to employee sensitization and the role of the external member cannot be understated in such a case.

While employees would ordinarily be reluctant in voicing their concerns and complaints to people who are part of the organisation, an external member would be able to gain the trust and confidence of the employees. On the other side, the management would prefer having a person who is already informed about the manner in which the organisation works, to be the one conducting the employee sensitization sessions. As the external member of the ICC is already a member of one of the bodies in the organisation, the management would view him to be internal and a part of the organisation. Hence, the perception towards the external member is favourable on both ends, as he/she is seen as external by the employees and internal by the management.

The additional role that could be played by the external member is not restricted solely to the conducting of sensitization sessions. The external member has the potential to be an expert on such issues within the organisation. He/she would play a vital role in monitoring the working of the organisation and addressing issues that would need to be dealt with. This would help the organisation in being able to pre-empt potential complaints of sexual harassment and take the necessary steps to deal with the same.

The role played by the external member in the above scenario is different, compared to that which they ordinarily play as a part of the ICC. While the function performed in the latter case is largely reactive, as they seek to dispose of complaints that have previously arisen, their role is more preventive in the former case. By monitoring the working of the organisation, the external members would be able to offer the organisation with appropriate advice regarding steps that could be taken in order to minimise such cases arising in the future.

Every employer is also required to ensure that the ICC at his/her workplace is adequately trained and have a certain level of understanding with regard to the Sexual Harassment of Women at Workplace Act, 2013. The expertise of the external member would be vital in such a case, as he/she would already have a working understanding of issues relating to sexual harassment as well as the specific needs of the organisation. Thus, the external member would be indispensable to the process of ICC capacity building.

Finally, it is also vital for the management of the organisation to get on board and understand the importance of compliance with the Sexual Harassment of Women at Workplace guidelines. The external member, on whom the management would have a certain level of trust, would thus, be able to explain the importance of compliance and ensure that the management works in alliance with the ICC. The external member would also play a significant role in changing the perception of the management towards such issues from being reactive to being preventive.

(Originally published at www.ungender.in)

If one were tasked with tracing the term “Sexual Harassment” the results would certainly be curious. While its origin remains uncertain at best, pragmatism renders the question largely unimportant. What enrages people is that it exists, that it is a very real problem and that it could happen at any time, anywhere and with anyone. Sexual Harassment at the Workplace can, for the time being, be considered as a pathogen. A very harmful pathogen that, if left unchecked, could wreak havoc.

Essentially, sexual harassment is troubling on two counts. The first is the very fact that a woman has been discriminated against on the basis of her gender. The second is the effect that it has on the treatment of women at their workplace. Rather than being treated as consummate professionals, they are reduced to “pretty faces with empty heads”. A problem that is evident even in modern pop culture’s portrayal of the ‘Office’ in the sixties. A prime example of the same is seen in AMC’s hit show “Mad Men” where two characters, Peggy and Joan, offer suggestions to save their parent company, only for their ideas to be completely disregarded while the men present in the room begin to make reference to panties coming in pairs as an analogy to the two women presenting the idea together.

Undeniably, there is a need for a strong check on the problem. And this is exactly what laws aiming to prevent sexual harassment at the workplace aim to do. It is the surest shot cure that one could hope to find. And what a cure it is, indeed. A hero whose virtues fill page after page, whose powers differ from place to place, but are intended to have the same effect. An idea that can travel to a different place only when it is accepted in the minds of the people.

Where did it all start?

The Civil Rights Act of 1964 prohibited discrimination regarding employment on the basis of sex, among other bases. Nowhere close to what was required to combat the problem, but a definite beginning nonetheless. While it is disputable, the initial development and evolution of Sexual Harassment law occurred, for the most part, in the United States of America. The nature of the cases filed was largely confined to instances of quid pro quo nature.(1) Essentially, these were cases where the employer would promise the employee certain benefits, or, in some cases, hinge their employment, in return for sexual favours.

This was further recognised in the Equal Employment Opportunity Commission’s regulations which defined sexual harassment as a form of sexual discrimination, prohibited by the Civil Rights Act of 1964. In a subsequent case (2), which established the standards for conduct being considered unwelcome, the idea of a ‘hostile environment’ was also recognised. The key issue, despite the voluminous legislation in place, was that women were simply unaware that they could go to court, and even if they did, they were unsure about the sufficiency of the grounds.

All this changed, following Anita Hill’s accusations against Clarence Hill which, due to it being highly televised, introduced America’s living rooms to the issue of Sexual Harassment. This resulted in the National Association of Working Women receiving 200 calls a day, up from 200 calls a week. A subsequent case introduced the standard of a ‘reasonable woman’ which resulted in cases being seen from the perspective of the complainant, rather than the defendant.

A primer on harassment laws at workplaces in different countries

The development of Sexual Harassment Law around the world has been uneven, at best. This could be attributed to the delayed awareness about how grave the problem is, as well as the existing status of women in those places. The more that women’s rights are recognised, the more attention issues like this will receive as they would shock the collective conscience of the people.

South America

Brazil

Currently, cases of sexual harassment at the workplace are specifically restricted to being by a person who is in a superior position to the complainant and has used the same in order to obtain sexual favours from the person.

Europe

The European Union issued a Directive(3) for the treatment of men and women in an equal manner regarding access to employment, vocational training, promotions, and working conditions. Sexual Harassment within the meaning of this Directive is considered as a form of discrimination and is prohibited.

Denmark

The law regarding Sexual Harassment in Denmark is governed by Law number 1385 of December 21, 2005. Here, Sexual Harassment is any action with the effect of making the victim feel inferior or hurting their dignity. Further, any action which tries to alter the equal status of men and women by using the differences in sex is also considered to be Sexual Harassment.

France

While the earlier definition of the criminal code defined Sexual Harassment simply as “harassing a person in order to obtain favours of a sexual nature from them”, it was later scrapped for being too vague. The new definition, divides sexual harassment into two, the first being the repetition of words or action with sexual connotation which are humiliating and affect the dignity of the person. The second being where there is sexual blackmail, where there is serious pressure on the employee exercised to obtain the performance of acts of a sexual nature. Violation of Sexual Harassment provisions would result in imprisonment for a period of 2 years and 30,000 fines, which is 3 years and 45,000 in case of aggravated instances.

Germany

Under the current German Law, sexual harassment is not punishable by law. The woman’s right to retaliate also extends only until the offender engages in such acts. Recognising the deficiencies that exist, a bill on Sexual Harassment is currently being tabled for passing. As of now, the German General Equal Treatment Act governs this area where complaints can be filed regardless of the gender of the person.

Spain

Currently, the Spanish Labour Act deals with cases of sexual harassment at the workplace. In these cases, the act of sexual harassment can be punished by terminating the service of the harasser.

Greece

While the earlier law in Greece was very weak, following the Directive from the EU, they amended their own law. Currently, sexual harassment falls under gender-based discrimination at the workplace. Victims also have the right to compensation, following violations of the same.

Russia

Possibly the archetype of the law merely being words on paper, while the law prohibits the utilization of an office position and material dependence for coercion of sexual interactions, 100 percent of female professionals in the country have been sexually harassed by their boss, 32 percent have had intercourse with him at least once, while 7 percent claiming to have been raped.

Switzerland

Sexual Harassment is defined as any behaviour of sexual nature or which can be attributed to gender, affronting human dignity at the workplace. (4) Apart from prohibiting Sexual Harassment, there is also protection for the employee against dismissal during the complaints procedure. The ban under this law is intended exclusively for employers who have a responsibility to look out for the well-being of the employee.

United Kingdom

In 1986, the Discrimination Act of 1975 was modified, and sexual harassment was also established as a form of discrimination. Unwanted sexual conduct or on the ground of the person’s sex with the effect of violating their dignity is considered harassment.

Africa

Zimbabwe

The Act governing such cases is the Zimbabwe Labour Relations Act. The act of sexual harassment is ordinarily reported to the Labour Officers, who treat the same as unfair labour practices.

Morocco- In 2016, Morocco laid down a stricter law proscribing sexual harassment which was punishable with fines and could also extend to a possible jail sentence of up to 6 months. This was in response to the existing law not being upheld.

Australia

The Sex Discrimination Act of 1984 defined sexual harassment as an unwelcome sexual advance or engaging in such conduct that the person would have reasonably anticipated the possibility of being harassed.

Asia

India

Following the Vishaka guidelines which were laid down in 1997, after a gap of nearly 16 years, the Sexual Harassment of Women at Workplace Act, 2013 was passed. Under this Act, sexual harassment is considered to be a violation of a woman’s fundamental right to equality, enshrined in articles 14 and 15 of the Constitution of India. In addition to this, the Criminal Law (Amendment) Act, 2013 made Sexual Harassment an expressed offense.

Israel

In 1998 the Israeli Sexual Harassment Law came into effect to prevent such behaviour that would affect human dignity and self-respect. The violation of the provisions would result in the person being liable to imprisonment which could last from 2 to 4 years.

Japan

In a 1989 case, a woman who had been subject to the spreading of sexual rumours by a co-worker obtained a favourable verdict from the court. While this resulted in mass public awareness, 10 books were published relating to “how not to harass women” among other topics, while the Japanese word for Sexual Harassment (Sekuhara) was named ‘Word of the Year’. The laws also establish two forms of sexual harassment at the workplace, one where the sexual acts are attached to a reward or penalty, and the other where the workplace is made unpleasant.

Pakistan

The Protection against Harassment of Women at Workplace Act, 2010 defined Sexual Harassment as unwelcome advances being made or sexually demeaning attitude which interferes with the performance of work and creates an intimidating work environment. Further, there was also a Code of Conduct for Gender Justice in the Workplace which is intended to deal with cases of sexual harassment.

Philippines

The Anti Sexual Harassment Act of 1995, lays down the definition of Sexual Harassment, which could be segregating them in a manner to adversely affect a certain employee, making unwelcome advances towards the employee or even creating a hostile workplace environment. Violation of the same is punishable by 10,000 to 20,000 pesos and/or imprisonment for a period of 1 to 6 months.

Clearly, there is a large disparity between the Sexual Harassment laws that are laid down in different regions of the world. While not all countries have laid down laws that prohibit sexual harassment at offices and other workplaces, it has been included as one of the kinds of sexual harassment under the prevailing legislation. It is likely that as the problem gains wider recognition and its gravity is understood by the people of these regions, there will be steps taken to ensure the implementation of separate legislation regarding the same. However, as is seen in many instances, the laws wind up being merely paper guidelines, whose implementation leaves a lot to be desired. This also points out that, no matter how important it is to have clear cut and appropriate definitions, it is equally vital that these laws are followed through. Unless it is imbibed in the people that deviance from the law is a serious issue and is accordingly punished, compliance with the same will remain an unfulfilled objective.

Finally, it is also necessary for the law to evolve with time. As the perception of the people changes with regard to the relevant social issues, the same is to be reflected by the law. Duly, the increased awareness regarding the safety of women, should also ensure that the laws that are subsequently enacted also aim at achieving the same.

(1) Barnes v Train (1974) is commonly recognised as the first sexual harassment case in America. The employee who brought the case was deprived of her job following her refusal of the advances made on her by a male supervisor.

(2) Meritor Savings Bank v Vinson (1986) created the idea of a hostile environment. This meant that cases that would previously have been tossed away by courts now had legal merit.

(3) Directive 2002/73/EU.

(4) Article 4 of the Federal Act on Gender Equality (1995).