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]
Roadmap for Answer Writing
a. Identify the ethical issues involved in this case.
- Sexual Harassment
- The alleged actions of the marketing executive constitute sexual harassment, violating the rights of the employee and creating a toxic work environment.
- Indifference to Grievances
- The company’s failure to address the complaint reflects a lack of accountability and responsibility towards employee welfare.
- Bribery and Coercion
- Offering a financial incentive to withdraw the complaint is unethical and undermines the integrity of the organization.
- Gender Inequality
- The situation highlights systemic issues related to gender equality, where women’s complaints are not taken seriously, reinforcing a culture of silence.
- Legal Compliance
- The company’s actions may violate legal obligations related to workplace harassment, potentially exposing it to legal repercussions.
b. What options are available to the woman employee?
- Pursue Legal Action
- She can continue with the FIR and legal proceedings against the marketing executive to seek justice.
- Seek Support from Advocacy Groups
- Reaching out to organizations specializing in sexual harassment can provide guidance and resources.
- Report to Higher Authorities
- If the company remains unresponsive, she can escalate the matter to labor commissions or relevant government agencies.
- Consult an Attorney
- Legal advice can help her understand her rights and the legal options available.
- Document Evidence
- Gathering evidence, such as emails or witness statements, can strengthen her case.
- Seek Emotional Support
- Engaging with support groups or counseling can help her cope with the emotional impact.
- Consider Alternative Dispute Resolution
- Depending on her preferences, she might explore mediation or arbitration as a means to resolve the issue.
Relevant Facts
- Sexual Harassment Policies:
- The Sexual Harassment of Women at Workplace Act, 2013, emphasizes the importance of addressing complaints and ensuring a safe work environment (Source: Government of India).
- Impact of Gender Inequality:
- Research shows that workplaces that do not address harassment effectively face higher turnover rates and lower employee morale (Source: McKinsey & Company).
- Legal Protections:
- Employees have the right to report harassment without fear of retaliation, as outlined in various labor laws (Source: U.S. Equal Employment Opportunity Commission).
By following this roadmap, you can construct a well-organized answer that identifies the ethical issues and outlines the options available to the woman employee in response to the situation.
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.