An apparel manufacturing company having large number of women employees was losing sales due to various factors. The company hired a reputed marketing executive, who increased the volume of sales within a short span of time. However, some unconfirmed reports came up regarding his indulgence in sexual harassment at the work place. After sometime, a woman employee lodged a formal complaint to the management against the marketing executive about sexually harassing her. Faced with the company’s indifference in not taking cognizance of her grievance, she lodged an FIR with the Police. Realizing the sensitivity and gravity of the situation, the company called the woman employee to negotiate. In that she was offered a hefty sum of money to withdraw the complaint and the FIR and also give in writing that the marketing executive is not involved in the case.
a. Identify the ethical issues involved in this case.
b. What options are available to the woman employee? (250 words) [UPSC 2019]
Ethical Issues in the Case
1. Sexual Harassment and Misconduct: The primary ethical issue in this case is sexual harassment. The complaint lodged by the woman employee against the marketing executive raises serious concerns about workplace conduct and respect. Sexual harassment undermines the safety and dignity of employees and is a breach of ethical and legal standards.
2. Company’s Indifference and Cover-Up: The company’s initial indifference to the employee’s grievance and its subsequent attempt to bribe the complainant to withdraw her complaint reflects a serious ethical lapse. Offering money to suppress the complaint and coerce the employee into retracting her statements is an unethical practice that undermines justice and accountability.
3. Pressure and Coercion: Attempting to persuade the employee to withdraw the FIR and the complaint, in exchange for money, is an attempt to manipulate and silence the victim. This behavior not only disregards the employee’s rights but also perpetuates a culture of impunity for perpetrators of harassment.
Options Available to the Woman Employee
1. Pursue Legal Action: The woman employee can continue with the FIR and seek justice through the legal system. She can also engage a lawyer to provide legal counsel and support her case. The legal system can offer protection and pursue accountability against the accused.
2. Report to Authorities: She can escalate the issue to higher authorities within the company or to relevant external bodies such as the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Reporting to such bodies can ensure that an impartial investigation is conducted.
3. Public Awareness: If the company continues to ignore the issue, the employee may choose to bring the matter to public attention through media or advocacy groups. This can pressure the company to address the issue and prevent similar cases in the future.
4. Seek Psychological Support: Facing such harassment and coercion can be emotionally and psychologically distressing. The employee may benefit from counseling and support services to handle the trauma and navigate the legal and professional challenges effectively.
Conclusion
The ethical issues in this case highlight the need for a robust mechanism to address sexual harassment and ensure accountability in the workplace. The woman employee has several avenues to pursue justice, and it is crucial that she receives support and protection throughout the process.
Model Answer
Introduction
The case study involves an apparel manufacturing company where a marketing executive, initially successful in boosting sales, faces allegations of sexual harassment from a female employee. The situation raises several ethical concerns, including workplace harassment, the company’s indifference, and unethical attempts to silence the victim.
a. Ethical Issues Identified
b. Options Available to the Woman Employee
Conclusion
The company must take the complaint seriously, conduct a thorough investigation, and provide support to the woman employee throughout the process. Upholding ethical standards is crucial for fostering a safe and equitable workplace, while also complying with legal mandates related to sexual harassment.