Sexual harassment is a recurring problem around the globe. Sadly, employers often overlook it as a ‘problem’ . Often employers are in a dilemma when a star performer faces disciplinary action. Recently, I came across a very interesting matter involving the behaviour of one such ‘star performer’.
Star performer/serial harasser
Swati was presenting the sales statistics to the management of her company. Her team didn’t meet the expected target and didn’t do too well. On the other hand, Rishabh’s team was expecting to win the prestigious ‘salesman of the year’ award.
Rishabh approached a visibly upset Swati. He suggested, “if you hang around with me, I could help you increase your sales and meet your targets”. Swati didn’t appreciate the statement. However, she felt too disheartened to react to anything at all. A few days later, Swati bumped into Rishabh in the parking lot. He told her, “you need to start using your assets to get more sales and keep her boss happy.”
Swati expressed her discomfort over his language and asked him to refrain or face consequences. He got very angry and replied that no one in the company could touch him, no matter what he does. Rishabh was very confident that the company does not want to lose him as he’s an invaluable asset.
Swati approached her immediate boss, Rajiv about the parking lot incident. Rajiv was also Rishabh’s boss. He echoed Rishabh’s words. Moreover, he advised her to concentrate on her sales strategies instead of targeting the best performing sales person.
The IC’s response
When the IC investigated the matter, it awarded a befitting penalty to Rishabh for his behaviour. Additionally, IC awarded Rajiv with corrective counselling. The IC members looked at Rishabh as a mere employee, a mere respondent and not a star performer. After all, the IC must be unbiased. It is imperative for the IC to send a strong message to the entire organisation, that this behaviour is not acceptable despite what your role or background is.
Sending a powerful message
If an organisation tries to save an important employee accused of sexual harassment, what are its values? This sets in a culture where employees will come of the view that as long as they are productive and super performers, they will go scot-free for all unethical/immoral practices.
Reality of the workplace
Most employers would carry Rajiv’s mindset of protecting the star performers, after all such employees add revenue to the employers pockets. They would have sexual harassment and other disciplinary policies in place but may be reluctant to lose their super performers, leaving such policies applicable to the non super performers.
Legal requirements under PoSH
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 requires the IC to go beyond influence and pressure of the employer. Companies must also have a sexual harassment policy to protect employees. I might sound like a broken record when it comes to company policies. So here it goes again: no matter what policy you have, you must follow and enforce it. It doesn’t matter if it is a star performer or not. In my opinion, failure to equitably enforce a corporate policy is often worse than not having one.Â