As the professional landscape continues to evolve, creating a positive and encouraging work place is a paramount. As far as society has come, sexual harassment is still a major problem with serious repercussions for individuals and corporate culture. An important part of this is talking about what makes a work environment “hostile”.
A hostile work environment, is harassment in the workplace that is considered so stressful or abusive it detrimentally affects an employee’s ability to perform their job duties. Generally, evidence of a hostile work environment requires proof of the behaviour in question.
A hostile work environment in the context of sexual harassment occurs when unwanted sexual advances, comments, actions, or behaviour creates a threatening, offensive, or abusive environment for an employee. To prove that such an allegation is true, the harassing conduct must be of sufficient enormity to alter such working conditions and circumstances as to result in what a reasonable person would find hostile or abusive.
Establishing a Hostile Work Environment due to Sexual Harassment
To establish a hostile work environment due to sexual harassment, it must be demonstrated that the conduct was offensive from the perspective of the victim such as creating an atmosphere of fear, humiliation, or discomfort. It could also lead to a decline in the employee’s performance or psychological well-being. Key indicators of a hostile work environment include verbal or physical conduct of a sexual nature, the use of derogatory or inappropriate comments, and the creation of an intimidating or abusive working atmosphere. These actions must have the effect of unreasonably interfering with an individual’s work performance or creating an environment that a prudent person would find intimidating or abusive.
Proving a Hostile Work Environment and the Internal Committee (IC’s) Role in Such Cases
Proving the existence of hostile work environment can be challenging because such complaints are often based on the complainant’s personal experience and may lack documented evidence. However, the IC can take a systematic approach to investigate the claim, this should begin with a comprehensive review of the complaint, collecting supporting evidence such as witness statements that might support few of the allegations. It is important to interview the complainant, accused and witnesses if any to ascertain context and to verify the facts. The IC is then left to judge if the alleged behaviour was appalling enough that it did alter and adversely affect a complainant’s performance at work. The IC should also consider the broader workplace culture and any previous incidents to identify potential patterns of harassment. Legal standards and company policies should be referred to ensure that the behaviour falls under the definition of a hostile work environment. Once all the evidence is collected and cross-verified, the IC can make an informed decision about the existence of a hostile environment and suggest appropriate corrective measures.
Addressing and proving the existence of a hostile work environment, particularly in cases of sexual harassment, is a complex and delicate process that requires careful consideration and thorough investigation. While the challenge often lies in the subjective nature of such experiences and the insufficiency of concrete evidence, the IC plays a critical role in ensuring that each complaint is handled with the diligence it deserves and this can be done by methodically reviewing the complaint and validating the evidence. By adhering to legal standards and company policies, the committee’s findings should aim to deliver justice to the complainant, while also helping to create a safer and more respectful workplace environment.
Ultimately, a through and transparent investigation strengths the organization’s commitment to preventing harassment and promoting a positive and inclusive culture.
At Kelp we conduct a number of Capacity building workshops and training sessions for the Internal Committee (IC) of organisations to sensitise and guide them on their roles and responsibilities.
To know more about the IC’s role in creating safe, respectful and inclusive work environments contact us at info@kelphr.com, call +91-9500129652, visit www.kelphr.com. To register for one of our IC capacity building sessions or to set one up for your organization speak to one of our advisors.
