POLICY FOR MANAGEMENT OF SEXUAL HARASSMENT

FAMILY PLANNING ASSOCIATION
OF
BANGLADESH (FPAB)

POLICY FOR MANAGEMENT OF SEXUAL HARASSMENT

(PRIMARY DRAFT)












DR. S. M. SHAMIM UL MOULA
CONSULTANT, FPAB














JUNE 2006




CHAPTER-I: BACKGROUND

1. INTRODUCTION

Providing a harassment-free workplace can benefit employee, team and organisational effectiveness by:
• Improving workplace morale, productivity and trust.
• Minimising financial and legal costs incurred when managing a complaint.
• Avoiding potential damage to the corporate brand as a result of negative media coverage.

The information provided here aims to assist FPAB to start thinking about:

• How FPAB could analyse its workplaces to identify any sex-based harassment issues for women.
• Suggested actions FPAB could take to address the sex-based harassment issues for women FPAB have identified.

Keeping in mind that women are not a homogenous group but reflect the diversity of the larger population. By recognising and valuing women’s differences (such as age, religion, cultural and linguistic backgrounds, disability, sexual orientation, etc) in the management of workplace issues, FPAB performance stands to benefit from the range of skills and experiences they are able to contribute.

Not all issues, actions and examples suggested here are relevant to FPAB as an organization. It is up to FPAB and its workers to decide what is appropriate and relevant for the organization of FPAB to consider when analyzing FPAB as a workplace to identify issues for women, and taking actions to address these.

1.1 ANALYZING FPAB AS WORKPLACE

To assist FPAB itself to analyze it as a workplace to identify sex-based harassment issues for women, FPAB management could:

• Revisit FPAB workforce profile to find where FPAB female employees are.

• Consult with FPAB employees.


• Examine the current situations, policies if any and practices that aim to promote a harassment-free workplace.


1.2 SITUATION ANALYSIS, IDENTIFYING SEXUAL HARASSMENT ISSUES AND NEED FOR POLICY

FPAB has to remember that their organisation is unique and may have unique issues. However, the following questions may be helpful when analysing FPAB as a workplace.
[
1.2.1 WHETHER FPAB HAVE ANY SEXUAL HARASSMENT POLICY:

? Do FPAB has a formal sex based harassment policy? Have you considered supplementing it with a broader anti-harassment policy? ? How well are complaints managed? How do FPAB knows (eg is feedback sought over whether the dispute resolution process has been effective)?
? Do FPAB have a formal complaints mechanism? ? Would FPAB policy and complaints procedures withstand the rigour of a review by an independent third party?
? Are there guarantees relating to privacy and confidentiality?

1.2.2 MONITORING THE LEVEL OF HARASSMENT:

? Does FPAB monitor the incidence of harassment in its workplace? ? Is FPAB confident that no sex based harassment occurs in your organisation? What evidence do FPAB have to support this?
? Have FPAB got mechanisms in place that would allow you to know whether complaints are being raised informally, without breaching confidentiality (eg a women’s network, informally with a manager, harassment contact officers)? ? Is information on sex-based harassment freely available, accessible and known to all staff?
? Does FPAB know who is raising the issues – Men? Women? Part-timers? Pregnant women? Women of a different cultural or linguistic background? ? Have staff views on whether sex-based harassment is an issue been sought?
? Have FPAB surveyed employees to see whether they feel free to raise issues without fear of victimisation or reprisal? ? Does FPAB have any ways, other than through formal complaints, of telling whether there are any issues in FPAB workplace? Such as:
? Does FPAB exit interview aim to identify whether people are leaving because of harassment issues?  Staff surveys
 Exit interviews
 Morale indexes
 Informal feedback mechanisms
 Independent audits
? Can FPAB identify what the precise nature of the issues are (eg sexual harassment or pregnancy discrimination)? ? What are these mechanisms telling FPAB? Are some women more vulnerable than others to harassment, eg, due to poor expressive skills, low official position or age?






2. PURPOSE, STATEMENT, COMMITMENT AND THE POLICY

• Every worker is entitled to employment free of any type of harassment including that of sexual. FPAB is committed to a harassment free workplace where everyone is treated with dignity and respect.

or

Every worker is entitled to employment free of harassment including sexual harassment. FPAB is committed to ensuring a productive work environment where the dignity and worth of everyone is respected. Workplace harassment will not be tolerated and FPAB will take all reasonable steps to prevent harassment and stop it if it occurs.

• The purpose of this policy is to set forth Family Planning Association of Bangladesh’s (FPAB) commitment to maintain a workplace environment free from sexual harassment Through preparation and implementation of this policy within the organization, FPAB wants the best and optimal creative output from its workers by preventing sexual harassment in FPAB as a workplace and by protecting its worker from the undesirable consequences of any incidence or occurrence which amounts to be a sexual harassment. The FPAB’s workplace realizes its moral and legal obligations to ensure that all Employees and Field Functionaries are provided a bullying free environment to realize their goals and to function effectively at the workplace. Through this policy, very clear-cut statement about FPAB’s attitude to sexual harassment will be declared and guidelines will be given to for full management of any incidence that amounts to be a sexual harassment. Through this policy, the management and the workers as well as other necessary stakeholders will know their roles and rights in case of such incidences.

• This policy will also work as the instrument for awareness raising and acquirement of skills in the issue of sexual harassment, specially in the right based contexts proclaimed by the State of Bangladesh, UN agencies and different human and women rights organizations.


• FPAB affirms that its staff has a right to freedom from sex discrimination in the form of sexual harassment by any member of the FPAB and the related. In providing a work climate, which is positive and discrimination-free, staffs should be aware that sexual harassment in the workplace environment is unacceptable conduct and will result in disciplinary action.

• FPAB considers a position against sexual harassment to be thoroughly consistent with the overall mission of the organization and its longstanding commitment to traditional values as presented in community and country society. Sexual harassment transgresses human rights law and in addition, is a form of illegal discrimination that is abhorrent to the organization. Consequently, it is the obligation of each member of the organization community-staff, and workers to adhere to this anti-harassment policy.

• The ultimate goal of a sexual harassment policy is prevention. FPAB staffs on all levels must know and understand the organization’s position on sexual harassment. The executives, officers, departments, and offices are specifically responsible within their organizations for publicizing, and enforcing this policy.


3. DEFINITION OF HARASSMENT (INCLUDING SEXUAL):

This harassment policy extends to any objectionable conduct, comment or display by a person that:

i. is directed at a worker;

ii. is made on the basis of race, creed, religion, color, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; and

iii. constitutes a threat to the health or safety of the worker.


It also extends to sexual harassment, which is conduct, comment, gesture or contact of a sexual nature that is offensive, unsolicited or unwelcome.

Sexual harassment may include:

• a threat of reprisal for refusing to comply with a sexually orientated request. The threat could be expressed directly or implied,

• unwelcome remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation,

• displaying pornographic or sexually explicit pictures or materials,

• unwelcome physical contact,

• unwelcome invitations or requests, direct or indirect to engage in behavior of a sexual nature, and

• refusing to work with or have contact with workers on-the-job because of their sex, gender or sexual orientation, e.g., gay, lesbian.



Sexual harassment is defined as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
• Submission to or rejection of such conduct by an individual is used as the basis for employment or education-related decisions affecting such an individual, or;
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
• Any unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipients, including, but not limited to epithets, derogatory or suggestive comments, slurs or gestures and offensive posters, cartoon, pictures, or drawings on improper grounds. IPPF,s equal opportunities agreement (with MSF) includes the following definition of sexual harassment:
• “Leering, ridicule, suggestive remarks or verbal abuse, repeated or unwanted physical assault. The key factors are that it is unwanted or persistent or creates a stressful or intimidating environment.
• Sexual harassment does not refer to occasional compliments of a socially accepted nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness.

3.1 THIS HARASSMENT POLICY DOES NOT EXTEND OR APPLY TO:

• day-to-day management or supervisory decisions involving work assignments, job assessment and evaluation, workplace inspections, implementation of appropriate dress codes, and disciplinary action. Harassment does not include these decisions as long as they are not based on one of the prohibited grounds,

• harassment that occurs outside of work. For example, harassment that occurs during a union meeting or while attending a social gathering of co-workers after work is not covered. However, harassment that occurs while attending a conference or training session at the request of the employer would be covered within this policy, physical contact necessary for the performance of the work using accepted industry standards,

• conduct which all parties agree is inoffensive or welcome, and

• conflict or disagreements in the workplace, where the conflict or disagreement is not based on one of the prohibited grounds. Harassment can exist even where there is no intention to harass or offend another. Everyone must take care to ensure his or her conduct or display is not offensive to another.
• An occasional compliment or remark;
• Personality differences between people;
• Good natured jokes and jesting where both parties find the conduct acceptable;
• Office romance and flirtation when both parties enter into a voluntary relationship;
• Normal exercise of supervisory responsibilities including discipline or counselling.
3.2 FIGURE: SEXUAL HARASSMENT


SEXUAL HARASSMENT
SEXUAL MISCONDUCT
Un-welcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature


PLUS


or

































CHAPTER-II: FPAB’S ORGANIZATIONAL COMMITMENT

FPAB wants its employees to have a work environment free of sexual harassment by management personnel, by any coworkers and by others with whom an employ must interact in the course of her/his work as a FPAB employee. Sexual harassment is specifically prohibited as unlawful and as a violation of FPAB's policy. FPAB will be responsible for preventing sexual harassment in the workplace, for taking immediate corrective action to stop sexual harassment in the workplace and for promptly investigating any allegation of work related sexual harassment.

FPAB and its managers and supervisors will take all complaints of harassment seriously.

1. FPAB IS COMMITTED TO IMPLEMENTING POLICY AND TO ENSURING IT IS EFFECTIVE IN:

• preventing and stopping all harassments including that of the sexual, and
• creating a productive and respectful workplace.

This commitment includes:

• Informing all persons in the workplace of their rights and obligations.
- A copy of the harassment policy will be provided to all workers.
- A copy of the harassment policy will be posted on the company bulletin board.
- The company’s policy statement on harassment will be posted n each work area in a location that is visible to all staff and the public.

• Training all persons in implementing this harassment policy.

- An information meeting will be held with all staff to explain and answer questions about the new policy in every level of the organization including those in the field levels.
- Supervisors will review the policy with new workers as part of their orientation.
- Persons designated to receive, investigate or resolve complaints will be trained in their roles and responsibilities under the policy.
- All FPAB Managers, Directors, officers and supervisors will be asked to set a good example and help foster a respectful workplace.
- A list of persons designated to receive complaints shall be posted on the company bulletin board.

• Assigning responsibility for implementing this policy.

- Consulting with the Executive Committee (EC) and worker representatives, FPAB will designate focal persons , who may receive harassment complaints and assist in facilitating their resolution.

- Consulting with the EC and worker representatives FPAB shall designate special persons, who will investigate harassment complaints.

- FPAB will designate the unit managers authorized to take corrective action in accordance with this policy.

• Protecting workers from reprisal or embarrassment for trying to stop or prevent harassment.

- Harassment complaints and investigations will be held in the strictest of confidence except where disclosure is necessary for the purposes of investigating the complaint, taking corrective action with respect to the complaint or as required by law.
- Action will be taken to prevent reprisal against persons who make a harassment complaint in good faith. This may mean informing complainants and alleged harassers of this commitment.





• Promptly taking the action necessary to stop and prevent harassment when it occurs or has occurred.

- Appropriate action will be taken against persons who are or were engaged or participated in harassment. This action should be sufficient to ensure the harassment stops and does not happen again.
- FPAB beneficiaries, stakeholders, contractors or other visitors to the workplace will be informed that certain conduct directed toward staff will not be tolerated or allowed to continue.

• The effectiveness of this policy will be reviewed in consultation with the Executive Committee of FPAB and worker representatives every 2 years.


2. SCOPE OF POLICY
In accordance with the IPPF and FPAB policies, FPAB’s workplace prohibits bullying on the basis of race, color, national origin, religion, sex, age, marital status, disability, or veteran status. In addition, the FPAB’s workplace prohibits bullying on the basis of senior /junior or sexual orientation.


Organization’s harassment policy applies to, and will be enforced against, perpetrators who are current staffs and/or employees for any incident during an employment period.

Sexual harassment in any situation is reprehensible. However, it is particularly damaging when it exploits the working dependence and trust between workers and managers or other FPAB employees, and it is especially inappropriate and hurtful in Bangladeshi socio-cultural contexts and in the cultural practices of a developmental community. When the authority and power inherent in any official FPAB relationship, whether overtly, implicitly, or through misinterpretation, is abused in this way, there is potentially great damage to the aggrieved individuals, to the person or persons complained of, and to the community service climate of the FPAB.

Sexual harassment is one form of sex bullying that is prohibited.

Any person who believes that he or she has been sexually harassed at the FPAB’s workplace may file either a formal or informal complaint in the “Sexual Harassment Prevention Cells” as may be formed by any of the three members out of the five members of the “Management Sub-committee” formed by the “National Executive Committee” (NEC) of FPAB. Confidentiality will be maintained to the fullest extent permitted.

FPAB’s position is that sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. All employees have the right to work in an environment free from all forms of discrimination and conduct which can be considered harassing, coercive, or disruptive, including sexual harassment. Anyone engaging in harassing conduct will be subject to discipline, ranging from a warning to termination.

• FPAB believes that the employees should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcomed sexual overtures or conduct. Sexual harassment refers to behavior that is not welcome, that is personally offensive, and that debilitates morale and, therefore, interferes with work effectiveness. Behavior that amounts to sexual harassment may result in disciplinary action, up to and including dismissal.

FPAB will adopt its policy on sexual harassment based on; the definition of sexual harassment set forth by the state constitution of Bangladesh and by recognized national and international agencies related i.e. human rights organizations, women organizations or Equal Employment Opportunity Commission (EEOC) etc. The EEOC within FPAB can define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
• submission to such conduct is made either explicitly or implicitly a term or condition of an employer’s employment
• submission to or rejection of such conduct by an employer is used as the basis for employment decisions affecting you
• such conduct has the purpose or effect of unreasonably interfering with an employer’s work performance or creating an intimidating, hostile or offensive working environment.


2.1 WRITTEN POLICY

Each employ will receive a copy of FPAB's sexual harassment policy when she/he begins working for FPAB. If at any time any employee would like another copy of that policy, then she/he may specific department concerned. If FPAB amend or modify its sexual harassment policy, each employee will receive an individual copy of the amended or modified policy.


3. COMPLAINS

If any employee experiences or witnesses sexual harassment in the workplace, she/he should report it immediately to concerned FPAB cell looking after the context. She/he may also report harassment to any other member of FPAB's management or ownership. All allegations of sexual harassment will be quickly investigated. To the extent possible, reporter’s confidentiality and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, the employee will be informed of the outcome of that investigation. (Please see further in the Para no.------)


4. RETALIATION PROHIBITED

FPAB will permit no employment based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment.

5. PENALTIES

Sexual harassment will not be tolerated at FPAB. If an investigation of any allegation of sexual harassment shows that harassing behavior has taken place, the harasser will be subject to disciplinary action, up to and including dismissal.

6. CONSENSUAL RELATIONSHIPS

FPAB’s workplace policy requires that all Employees conduct themselves in a professional manner. With regard to consensual sexual or romantic relationships, it should be noted that when they occur between supervisor and supervisee, there is a concern that they may involve an abuse of power. Even when negative consequences to the participants do not result, such romantic liaisons potentially can create a conflict of interest or use of supervisory leverage to maintain or promote the relationship. Another area of potential trouble or liability involves perceptions of a “third-party” who may feel that the only way to succeed is to engage in a sexual liaison because they feel they have lost equality in terms of assignments, promotions, etc.

All Employees should recognize the possible negative consequences of sexual or romantic liaisons in the workplace and program operation areas.

7. ENSURING HARASSMENT-FREE ENVIRONMENT:

For sustained progress and prosperity of an organization through enabling each and every worker their optimal scope to do their best for the organization, a harassment free environment is to be ensured within the organization. For continued peaceful and productive working attitude enhancing best performance for the workers, maintenance of a supportive environment free from bullying and sexual harassment is of vital importance.

7.1 TO PROVIDE THIS ENVIRONMENT, THE FOLLOWING ACTIONS SHOULD BE TAKEN:

1. “Harassment prevention cells” in different strata of FPAB for ensuring sexual harassment free environment organized through endorsement of FPAB Senior Management Team (SMT) should inform all employees and field elements regardless their organizational position in the possible most participatory manner that bullying and sexual harassment is strictly prohibited.
2. The Sexual Harassment Policy should be emphasized by the Managers and Supervisors of different levels in their working meetings and should be explained by departmental chairs to staff, and classified and management service employees. Managers and Supervisors should discuss the issue in staff meetings. Workshop, special sessions pf meetings with resource persons with full participation of the workers should be arranged in different levels of the organization. The participant workers should be given appropriate scopes to ventilate their concerns in the issue freely in these meetings and if found relevant and useful, should be sent to SMT for incorporation in the enforced policy. Those who have questions, concerns, or feel victimized by bullying and sexual harassment should be referred to the “Sexual Harassment Prevention Cells” immediately.
3. All the managers should be encouraged to invite the “harassment prevention cells” to talk to their staffs concerning this very important and sensitive issue.
4. Information regarding bullying and sexual harassment specifically for Staff and Field elements is contained within the employee code of conduct.


8. RECOGNIZING SEXUAL HARASSMENT:

1) Conduct: expressed in bullying sexual harassment:

Unwelcome sexual advances (either verbal or physical), requests for favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
• Submission to such conduct is either explicit or implicit term or condition of employment (e.g. promotion, raining, timekeeping or overtime assignments).
• Submission to or rejection of the conduct is used as a basis for making employment decisions (e.g. promotion, termination).
• Such conduct has the purpose or effect of substantially interfering with an individual’s
• Work performance or creating an intimidating, hostile, or offensive work environment.

2) Verbal sexual harassment includes sexual innuendo, suggestive comments, insults, humor, and jokes about sex or gender-specific traits, sexual propositions, and threats.
3) Non —verbal harassment includes suggestive or insulting sounds, leering, whistling, and obscene gestures.
4) Physical sexual harassment includes touching, pinching, brushing the body, assault, and coerced sexual contact including, but not limited to it

It can also be added as follows:
• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal or physical conduct of a sexual nature constitute sexual harassment when:
-Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment or participation in an organization sponsored program or activity;
-Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
-Such conduct has the purpose or effect of unreasonably interfering with an individual's employment or creating an intimidating, hostile, or offensive working or organizational environment.

Although it is impossible to spell out completely all prohibited behavior, the following may
be of further help in considering what constitutes sexual harassment for staffs.

• Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in which a staff intentionally uses the power inherent in the official relationship to threaten, coerce, or intimidate a person to accept such harassment or
• Risk reprisal in terms of a grade, evaluation, or recommendation.

FPAB further defines sexual harassment as any unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to: epithets, derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, or drawings.


8.1 UNWELCOME CONDUCT OR HARASSMENTS:
Unwelcome sexual advances (either verbal or physical), requests for favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
• submission to such conduct is either an explicit or implicit term or condition of employment (e.g., promotion, training, timekeeping or overtime assignments)
• submission to or rejection of the conduct is used as a basis for making employment decisions (hiring, promotion, termination)
• the conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment

9. RISK FACTORS
• Differing values resulting in prejudices.
• Cultural norms that sanction behaviors and terms unacceptable in a professional setting.
• Unprofessional climate that allows negative comments, remarks, or jokes.
• Use of improper terminology.
• Crude and offensive behaviors such as sexual stories and jokes, attempts to discuss sexual matters or remarks on appearance and gestures.
• Unwanted sexual attention or attempts to establish a romantic relationship.
• Unwanted touching, attempts to stroke, fondle, or kiss.
• Sexual coercion bribes or rewards for sexual favors.
• Threats for not being sexually cooperative.

Reducing barriers in a command includes command support from the top down, training at all levels on proper behavior, and taking appropriate action when complaints are filed.

10. ISSUES NOT CONSIDERED AS SEXUAL HARASSMENT:
Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness.




CHAPTER-III: FPAB GUIDING PRINCIPLES

1. ACTION PLAN FOR EMPLOYERS:
• Developing policy
• Developing complaint procedure
• Identifying and consulting with Resources
• Developing and conducting Training Sessions

1. FPAB GUIDING PRINCIPLES AGAINST SEXUAL HARASSMENTS



UNDERSTANDING OF SEXUAL HARASSMENT
• Appreciate that you and your organization FPAB can be held liable if your employees engage in sexual harassment
• Knowing that any unwelcome sexual activity tied to employment decisions or benefits is sexual harassment
• Recognizing that sexual harassment may include jokes, vulgar language, sexual innuendoes, pornographic pictures, sexual gestures, physical grabbing or pinching, and other unwelcome or offensive physical touching or contact
• Remembering that every sexual harassment charge is extremely serious
• Comprehending that employees who comply with unwelcome sexual advances can still be victims of sexual harassment
• Realizing that men as well as woman may be sexually harassed
• Understanding that employees may wait a while before lodging sexual harassment charges

COMMUNICATING THE POLICY
• Issuance of a strong policy from the Director General, FPAB against sexual harassment
• Providing a clear definition of sexual harassment using examples of inappropriate behavior
• Reviewing the policy with your employees on a regular basis
• Discussing the policy with all new employees
• Ensuring that third-party suppliers and customers are aware of your sexual harassment policy

ESTABLISHING PROCEDURES
• Appointing a senior official to oversee the implementation of the policy
• Training of FPAB supervisors and managers to recognize and prevent sexual harassment
• Outlining procedures to use in reporting sexual harassment
• Designating a personnel officer or other appropriate manager, rather than a direct supervisor, to receive sexual harassment complaints
• Providing alternative routes for filing complaints
• Keeping all sexual harassment charges confidential



ENFORCING POLICY
• Making sure employees who bring charges do not face retaliation
• Safeguarding the rights of the accused
• Investigating all sexual harassment charges quickly and thoroughly
• Maintaining accurate records of the investigation and the findings
• Taking immediate action when sexual harassment is discovered or suspected
• Disciplining appropriately any employee found to have engaged in sexual harassment
• Safeguarding FPAB employees from third-party work-related sexual harassment



2. ACTIONS TO ADDRESS SEXUAL HARASSMENT ISSUES FOR WOMEN

To comply with the Act, FPAB need to take actions to address the conditions of service issues for women FPAB identified. FPAB do not need to do everything all at once and can aim to achieve equal opportunity over time.

To be waived from reporting in following years, FPAB must demonstrate that FPAB have taken all reasonably practicable measures to address sex-based harassment issues for women it have identified. For example, issue may be a large pool of ongoing female casual staff who would prefer to have access to regular part-time work arrangements.

2.1 THE FOLLOWING SUGGESTIONS WILL HELP FPAB START THINKING ABOUT ACTIONS IT COULD TAKE TO ADDRESS ANY SEX-BASED HARASSMENT ISSUES IDENTIFIED:.
Keeping in mind that:
• Not all of these actions may be relevant to FPAB as an organisation. FPAB authority will need to decide whether they choose to do all, some, or none of the suggested actions, and whether FPAB wish to tailor suggested actions to suit the needs of FPB workplace.
• If your workplace analysis demonstrates your organisation has no issues for women in this employment matter, you would not need to take any actions.

2.1. 1 REVIEWING FPAB POLICY FOR SEXUAL HARASSMENT:
• Ensuring FPAB, as an organisation abides by lawful workplace practices.
• Ensuring the DG FPAB and senior management endorse FPAB organisational policy. They will need to be role models for the behaviour they expect from staff.
• Considering linking FPAB policy to an organisational commitment affirming the value of diversity – that is, principles that respect all employees.
• Looking at supplementing FPAB sex-based harassment policy with a broader anti-harassment policy.
• Integrating FPAB policy with a code of conduct or code of practice that respects diversity and the rights of all employees. Have employees agree to this code of practice as part of their employment contract.
• Ensuring FPAB line managers to actively support evolving FPAB policy.
• Ensuring FPAB policy covers all types of issues (eg, harassment via inappropriate use of e-mail or Internet, letter, telephone etc.).
• Establishing complaints procedures.
• Ensuring that FPAB complaints procedures are transparent and easy to follow.
• Ensuring that FPAB complaints procedures are accessible and that all staff feel confident to use them.
• Ensuring the complaint process is objective, for both the complainant and the respondent.
• Communicating FPAB procedures to all the managers and staffs and the related personnel.
• Putting in place a network of harassment contact officers and ensuring that officers are trained in respect to diversity issues.

2.1.2 RESOLVING COMPLAINTS
• Dealing with all complaints promptly and confidentially.
• If harassment complaints are assessed to be other than sex-based, be prepared with a procedure for dealing with them.
• Providing training to staff that are dealing with complaint resolution. Ensuring that training encompasses issues related to managing diversity in the workplace.
• Insisting all staffs keep matters confidential, with resulting disciplinary action if they don’t.
• Ensuring that proven offenders are not simply transferred to another area or department.
• If proven offenders remain with FPAB, require them to undergo further training and counselling.
• Ensuring that all complaints, whether proven or false/misconceived, are managed well.
• Providing support to people who are involved in a complaint.
2.1.3 COMMUNICATING FPAB POLICIES AND PROCEDURES
• Ensuring that FPAB policy is accessible to all staff. (For example, make sure it is displayed in a physically accessible location for all employees and in alternate languages for employees who lack language fluency.)
• Educating new staff and new managers on the FPAB policy and complaint process on an ongoing basis. Conducting refresher training for all employees regularly.
• Educating FPAB managers and supervisors on how to manage their people more effectively.
• Ensuring that staffs are aware of the consequences of breaching the policy and of making false or misconceived complaints.
• Integrating harassment prevention training into mainstream management training. Ensuring that training encompasses diversity principles – that is, respect for all employees – and recognises potential vulnerabilities of some employees (for example, women who may experience cultural or linguistic barriers to reporting harassment.)
• Keeping a record/database of who has attended harassment training.
• Ensuring education campaigns promote better understanding of harassment so that staffs feel comfortable raising issues, and are aware of the consequences of making false or misconceived complaints.
• Linking results in this area to performance reviews and bonus allocations for managers.
• Effective monitoring outcomes of previous disputes to ensure that FPAB resolution has been successful.
• Putting strategies in place so that there are no ‘repeat performances’.
• Stay aware of where problems may arise (for example, the office picnic party /cultural events or field tours etc.) and taking preparation accordingly, such as a reminder notice or e-mail to all staff who will be attending about expectations of their behaviour at the party/event/tour.
• Ensuring managers actively support the policies in place.
• Promoting a workplace culture based on openness and trust, where behaviours that treat people with dignity and respect are valued.

3. PREDOMINANTLY MALE WORKPLACE ISSUES:

An equal opportunity program must deal with the specific needs and issues of FPAB as an organization. Such a program identifies and outlines the issues you are addressing and the initiatives FPAB, as an organization will put in place to achieve results.

3.1 SIGNIFICANT ISSUES FPAB MAY FACE WITH MAJORITY OF MALE EMPLOYEES:

• A lack of applications from female employees.
• A low proportion of women in management.
• A low proportion of women in non-traditional occupational categories eg. tour for male training, labouring, plant and machinery operators.
• Problems retaining female employees.

? Is the culture accepting of women? ? Does FPAB have an elected Executive Officer or Sexual Harassment contact officer on site?
? Does FPAB provide a sexual harassment free workplace? ? Has FPAB implemented and publicised a grievance handling mechanism?
? Have FPAB developed and publicised a sexual harassment policy and procedures? ? Have FPAB ensured that there are adequate grievance procedures, and that all management and supervisors were trained in handling grievances?
? Have FPAB removed gender bias in all policy manuals and increased the availability of female facilities at all work sites? ? Does FPAB monitor progress by using exit interviews and climate surveys to see whether sexual harassment is still an issue?
? Has FPAB held sexual harassment training sessions for all employees, backed up by a publicity campaign and further reminders at other training sessions?



4. WORKER’S DUTY

All workers, including managers and supervisors employed by FPAB shall:

• refrain from causing or participating in the harassment of another worker, and
• cooperate with any person investigating harassment complaints.










CHAPTER-IX: GUIDELINES FOR COMPLAINING

1. TYPES OF COMPLAINT:

This policy sets out three types of complaint procedures that may be used. They are procedures that apply where:
1. no alleged harasser is named, and an informal resolution is sought,
2. an alleged harasser is named, and an informal resolution or mediation is sought, or
3. an alleged harasser is named, and an investigation is required.


No alleged harasser named – informal resolution sought

Step 1
An individual reports an incident or concern to the supervisor or anyone designated to receive harassment complaints.

Step 2
The person receiving the complaint:
• reviews the complaint procedures with the complainant, and
• informs the unit manager of the complaint.


Step 3
The unit manager takes action appropriate and necessary to address the complaint. Such action may include:
• having staff meetings to discuss and review the policy, and
• providing workshops, videos or written information on the prevention of harassment.

The unit manager informs the complainant of the action that will be taken to address the complaint or concern.


Confidentiality

FPAB or anyone acting on behalf of the FPAB, should not disclose the complainant’s name or other identifying information to any person. In certain circumstances the complainant may agree to release identifying information in order to implement the harassment policy, the resolution process or the final resolution itself.

Alleged harasser named – informal resolution or mediation sought

Step 1

An individual reports an incident or concern to their supervisor or anyone designated to receive harassment complaints. The complaint should be recorded in writing in a form consistent with the harassment complaint form attached to this policy.

Where an informal resolution is sought, the complainant should indicate the type of resolution and resolution process s/he is seeking. Examples include: an apology, supervisory counseling, a facilitated meeting with alleged harasser, workshop or training sessions, and mediation.

Step 2

The person receiving the complaint:

• reviews the complaint procedures with the complainant,

• informs the unit manager of the complaint (where it is alleged that the unit manager is involved in the harassment, the person receiving the complaint refers the matter to another manager),

• meets privately with the alleged harasser to review the complaint, and

• determines whether there is agreement on a resolution or a resolution process.


Step 3

Where there is agreement on the resolution or resolution process to be used, the person receiving the complaint:
• informs the unit manager of the agreement, and
• facilitates the agreed upon resolution or resolution process (subject to the approval of the unit manager).


Step 4

The complainant is informed that s/he may move to the formal complaint procedure:
• if the complainant, the alleged harasser, or the unit manager do not agree to a resolution process, or
• if the resolution process does not resolve the matter to the complainant’s satisfaction.

Step 5

Where the complainant and alleged harasser agree to a resolution, the unit manager follows up with the complainant to ensure the agreed resolution was effective in stopping and preventing further harassment. Where the complainant indicates that the harassment has not ended, the unit manager counsels the complainant to pursue an alternate resolution process, including a formal investigation.

Confidentiality

FPAB, or anyone acting on behalf of the organization, should not disclose either the complainant’s or alleged harasser’s name or other identifying information to any person. In certain circumstances the complainant and alleged harasser may agree to release identifying information in order to implement the harassment policy, the resolution process or the final resolution itself.

Alleged harasser named – investigation required

Step 1

An individual reports an incident or concern to their supervisor or anyone designated to receive harassment complaints. The complaint should be in writing, be dated and contain the following information:

• the name and job title of the complainant and contact information
• the name and job title of the alleged harasser and available contact information
• a description of the conduct, display or events considered objectionable, including dates and location of events.
• the names and available contact information of any possible witnesses
• a description of the basis of the alleged harassment. (e.g., sex, age, ancestry, disability, physical size, marital status)
• the remedy sought.
• other information or material the complainant considers relevant
• the signature of the complainant



Step 2

The person receiving the complaint:

• reviews the complaint procedures with the complainant,
• provides a copy of the written complaint to the unit manager (where it is alleged the unit manager is directly involved in the harassment, the person receiving the complaint refers the matter to another manager),
• provides a copy of the written complaint to the alleged harasser, and
• reviews the complaint procedures with the alleged harasser.

Step 3

The person receiving the complaint, the unit manager, and ___ (e.g., human resource manager) review the complaint and determine:

• whether the conduct complained about falls within the harassment policy,
• whether there are resolution options, other than investigation, that are available and acceptable to the complainant and alleged harasser, and
• who will conduct the investigation where one is required.


Step 4

Where an investigation is required, the unit manager appoints an investigator or investigation team.

The investigator(s) will:

• be trained in conducting an investigation in accordance with this policy, and
• have no apparent bias or interest in the outcome of the investigation (alternatively, the investigator will be chosen from a list of investigators approved by FPAB EC with consultation of the workers representatives in a participatory manner).

Where the complainant or the alleged harasser objects to the appointment of an investigator, on the basis of bias or conflict of interest, the unit manager will appoint another investigator.

Step 5

The investigator(s) conducts an investigation in accordance with the following guidelines:

• The investigation commences and concludes as soon as reasonably possible.
• Witnesses are interviewed separately, and written witness statements are prepared.
• Witnesses are asked to review and sign their written statements.
• Witnesses are advised to keep the investigation and the identity of the complainant and alleged harasser in confidence, unless they are required to disclose them by law.
• The complainant and alleged harasser are entitled to be accompanied by legal or union counsel during the interview and investigation process.
• During the investigation process, both the complainant and the alleged harasser are entitled:
- be informed of all the allegations made against them, and
- allowed the opportunity to make a full answer and defense.

This does not mean that either party is entitled to see or receive copies of the complete statements. Both are entitled, however, to see or receive an adequate summary of the evidence to make a full answer and defense.


Step 6

Once the investigation is complete, the investigator(s) will prepare a written report setting out:

• a summary of the evidence,
• a description of any conflict in the evidence,
• the investigator’s conclusions on the facts and reasons for reaching that conclusion, and
• the recommended corrective action where harassment has been found to have occurred.

The investigator’s report will be delivered to the unit manager, the complainant and the alleged harasser. The report is marked as confidential and delivered with the notation that it should be kept in confidence unless disclosure is required by law or is necessary to implement corrective action or other legal remedies.

Step 7

The unit manager:

• takes corrective action that the unit manager considers appropriate and effective,
• informs the complainant and harasser of the corrective action. Where the corrective action is different from the action recommended in the investigator’s report, the unit manager should provide reasons for not taking the investigator’s recommended action,
• informs the complainant of his/her right to file a complaint with The EC FPAB.

Step 8

The unit manager, after the corrective action has been taken, follows up with the complainant to ensure that the corrective action was effective in stopping and preventing harassment. If the complainant indicates that harassment has not ended, or that s/he has suffered reprisal as a result of making the complaint, the unit manager should take additional or alternative corrective action to resolve the complaint. Further investigation may be necessary.



Disclosure of investigation documents

All documents and statements obtained during the course of the investigation, including the names and copies of witness statements, should not be disclosed to any person unless required by law.

Confidentiality

FPAB, or anyone acting on behalf of the organization, should not disclose the name of the complainant or the alleged harasser, as well as any information that may identify the complainant or alleged harasser. The disclosure of such information may be necessary, however, to conduct the investigation, implement corrective action, or pursue other legal remedies.

Taking action to stop and prevent harassment


In taking action to stop harassment and prevent its reoccurrence, FPAB will be guided by the following considerations and options.

Individual awareness and counseling

Individuals may not be aware of the effects of their behavior. In many cases, speaking to the person in private about the inappropriate behavior will be enough to resolve a situation.

In some instances, it may be most effective and less disruptive to working relationships if the complainant informs the offending individual that s/he finds certain conduct offensive. In other instances, it may be more effective for a supervisor to speak with the offending person. At other times, a meeting between the complainant and alleged harasser facilitated by the supervisor may be appropriate. Complainants should not be encouraged to confront the alleged harasser if:

• they are reluctant to do so,
• the alleged harassment is of a very serious nature, and/or
• the alleged harasser denies engaging in the conduct complained of.

Staff awareness and counseling

Standards of behavior change over the years. Some individuals or groups may not be aware that behavior, which was acceptable to their co-workers in the past, is not acceptable anymore. A staff awareness session may be helpful to correct problems based on lack of awareness. Relevant videos, lectures, and facilitated group discussions may increase awareness of behaviors that are unacceptable and the reasons for the changes.

Interim action

A unit manager may have grounds to believe that a complainant will be exposed to continued harassment or reprisal while waiting for the investigation or resolution process to occur. The unit manager must take immediate action to protect the worker from continued harassment or reprisal. Any interim action should respect the alleged harasser’s rights based on his/her employment contract (or collective bargaining agreement). Considering these rights, the unit manager’s action may include:

• cautioning the alleged harasser about the types of behavior or reprisals that will not be tolerated,
• removing the alleged harasser to another work unit,
• at the complainant’s request, removing the complainant to another work unit,
• suspending the alleged harasser with pay while waiting for a final determination, and/or
• suspending the alleged harasser without pay while waiting for a final determination.

Mediation

Mediation offers both parties the opportunity to develop an understanding of the problem and resolve the complaint before or during the formal investigation process. The mediator facilitates separate discussions or joint meetings between the complainant and the respondent, for the purpose of resolving the complaint.

Mediation may take place at any point in the resolution process as long as both parties agree to participate in mediation. Where the complainant and alleged harasser agree to participate in mediation, FPAB shall arrange for a person, who is trained and independent, to act as mediator.

Disciplinary action

Where it is determined that an employee has knowingly engaged or participated in the harassment of a co-worker, that employee will be disciplined. The discipline will be subject to the employee’s rights under his/her employment contract or collective bargaining agreement. The severity of the discipline will depend on the:

• seriousness of the alleged conduct:
- whether the conduct is an offence under the criminal code,
- whether the conduct is an offence under existing law in Bangladesh on sexual offence or Human Rights Code,
- the mental or physical injury caused to the complainant by the conduct,
- whether the harasser persisted in behavior that she/he knew or ought to have known was offensive to the complainant, and
- whether the harasser abused a position of authority.
• risk of the harasser continuing or engaging in similar harassment of the complainant or others in the future:
- whether the harasser acknowledges her/his conduct was unacceptable and makes a commitment to refrain participating in future harassment,
- whether the harasser has apologized to the complainant or taken action to repair any harm caused by his or her conduct,
- whether the harasser has agreed to participate in awareness sessions, training or other recommended counseling or treatment.

The discipline imposed on an employee, who was found to have engaged or participated in harassment in the workplace, may include reprimand, relocation, demotion, suspension and termination of employment.

Third party harassers

Customers (clients/patients), contractors or their workers, or other people invited to the workplace might engage or participate in the harassment of a FPAB employee. FPAB may have limited ability to investigate or control their conduct. However, FPAB shall take reasonably practicable action to stop or reduce the risk to its workers of being harassed by third parties. This action may include:

• posting the harassment policy statement in locations visible to third parties, and/or
• requiring certain contractors and their workers to accept and meet the terms of the harassment policy. This could include removing workers, who participated in harassment, from the workplace.

Where a client or customer has been asked to stop abusing or harassing a worker and does not, workers are authorized to:

• end telephone conversations,
• politely decline service, and/or
• ask the customer or client to leave the workplace.

Malicious complaints

It is uncommon for someone to make a false claim deliberately but it may happen. Where an investigation finds a complainant has knowingly made a false allegation, the complainant will be subject to discipline.



WE STRONGLY PROPOSE FOR FORMATION OF FPAB’S WORKPLACE “SEXUAL HARASSMENT PREVENTION CELLS”


2. COMPLAINT PROCEDURES FOR SEXUAL HARASSMENT:


INFORMAL PROCEDURES:

Definition:

The process of gathering information to either establish a suspicion of bullying and sexual harassment or to attempt to resolve a disagreement without following a formal complaint procedure.

Who may file:

Staff and Field Functionaries, Employees, applicants for employment, and others, where appropriate.

Procedure:

1. The complainant completes the “Complaint of bullying and sexual harassment form” for its submission to the “sexual harassment prevention cells” advises the complainant of her/his rights to file with FPAB.
2. The “sexual harassment prevention cells” may notify the appropriate administrator, supervisors, or director that a complaint has been initiated.
3. The “sexual harassment prevention cells” contacts the individual/entity (respondent) accused of bullying and sexual harassment to discuss the alleged harmful act.
4. The “sexual harassment prevention cells” develops a proposed resolution, if appropriate within fifteen (15) calendar days of acceptance of the informal complaint. If appropriate, the complainant is advised that she/he may file a formal complaint.
5. The “sexual harassment prevention cells” may notify the appropriate administrator, supervisors, or director of the final status of the complaint.

FORMAL PROCEDURES:

Definition:

The process of investigating a case of alleged sexual harassment and making a determination as to whether or not sexual harassment occurred and, where appropriate, providing a resolution to the complaint.

a) Who may file:

• Staff members and
• Field Functionaries.

Applicable Board Rule:

Staff and Field Functionaries may appeal a decision to the different level Managers of FPAB (National, Branch or SWU levels) in a written format within two weeks of the determination.

Procedures:

1. The complainant completes the “Complaint of bullying and sexual harassment form”. The complaint must be filed within 15 days of the alleged harmful act.
2. The “sexual harassment prevention cells” acknowledges in writing the receipt of the formal complaint; the letter includes information on the complainant’s right to file with the FPAB offices. Copies of the letter are sent to the respondent, the appropriate administrator, supervisors, or director and the FPAB’s DG.
3. “Sexual harassment prevention cells” shall conduct a thorough investigation of the complaint by the instruction and in the knowledge of FPAB SMT.
4. Within thirty (30) calendar days of the receipt of the formal complaint, “sexual harassment prevention cells” shall inform the complainant and all persons who were copied in #2 above, of the final status and a resolution, where appropriate. The 30-day period may be extended for an additional 30 days with the approval of the FPAB DG. The letter of determination identifies the available appeal procedures for the complainant.

b) Who may file:

Classified and management service Employees, and applicants for employment.

Collective bargaining agreement, (Not relevant for applicants) procedures:

1. The complainant completes the “Complaint of bullying and sexual harassment form”. The complaint must be filed within 15 days of the alleged harmful act.
2. The ““sexual harassment prevention cells” acknowledges in writing the receipt of the formal complaint; the letter includes information on the complainant’s right to file with the FPAB NHQ or Branches. Copies of the letter are sent to respondent, the appropriate administrator, supervisors, or Director, the FPAB’s Managers (national or Branch or SWU level), and the Director of the Department of Human Resources.
3. “Sexual harassment prevention cell” conducts a thorough investigation of the complaint.
4. Within fifteen (15) calendar days of the receipt of the formal complaint, “Sexual Harassment Prevention Cell” informs the complainant and all persons copied in #2 above of the final status and a resolution, where appropriate. If an extension of the 15- day time period is required, “sexual harassment prevention cells” shall notify the complainant of the anticipated date of completion of the investigation. The letter of determination identifies the appeal procedures available to the complainant.
5. A classified employee has the right to file a grievance through the Association alleging sexual harassment without filing a Report of Bullying/Harassment with “sexual harassment prevention cells”. Such a grievance will be submitted within 30 days of the date the grievant or the Association knows, or by reasonable diligence, should have known of the alleged grievance, directly to the DG FPAB or her/his designee. The DG or her/his designee will respond within 15 calendar days after the receipt of the grievance. Assistance in the investigation of the alleged grievance may be provided by “sexual harassment prevention cells”and the Department of Human Resources.

3. DECISION BY THE “SEXUAL HARASSMENT ACTION COMMITTEE’S” AND APPEAL TO THE FPAB’S DIRECTOR GENERAL:

1. The “sexual harassment prevention cell (SHPC)’s” decision shall be made in the form of a written recommendation to the Director General, FPAB. It shall be based upon evidence presented at the hearing. The recommendation shall include a description of the complaint, the evidence the committee collected, and its conclusions and recommendations for disposition of the case. The recommendations shall be sent to the grievant, to the President, and to the supervisors, director, or administrator in charge of the unit out of which the grievance arose within sixty (60) days of receipt of the appeal to the committee.
2. The DG or his or her designee shall review the decision of the committee and the President shall deliver a written decision to the grievant, to the Grievance Committee, and to the supervisors, director, or administrator in charge of the unit out of which the grievance arose within thirty (30) days of receipt of the committee recommendation. Prior to issuing a decision, the DGFPAB or designee may interview any person concerning the grievance to supplement the record whether or not the person testified at the hearing, provided that the decision shall list each person so interviewed. In addition, the President or designee may review any document, provided that the decision shall identify any such documents that were not introduced at the committee hearing. The grievant shall be informed of any additional information obtained by the DG and given seven (7) days to respond. If the DG rejects or modifies the recommendations of the “sexual harassment prevention cells”, the reasons shall be for the interest of both the complaint and FPAB in the decision.
3. If the grievant chooses to appeal the decision of the supervisors, Director, or administrator directly to the Director, the DG shall proceed to review the matter and reach a decision provided that all persons interview and all documents reviewed must be identified in the decision. The DG shall issue a decision within thirty (30) days of receipt of the grievant appeal.

4. SANCTIONS:

FPAB employees:

FPAB employees regardless the positions found to have engaged in sexual harassment may be subjected to an oral or written warning or reprimand. Sanctions more severe than an oral or written warning or reprimand, such as removal from an assigned post and reassignment, suspension or termination shall be imposed.


5. OTHER OPTIONS AND CONTRACTS

Nothing in this policy prevents or discourages a worker from referring a harassment complaint to the cell of Executive Committee of FAPB under some adopted Acts and Safety Regulations designed to prevent such occurrences. A worker may also file a complaint with the any recognized Human Rights agencies under Human Rights Code and other Acts ratified by State of Bangladesh Government.

A worker retains the right to exercise any other legal avenues available.












































CHAPTER-V: MANAGEMENT OF SEXUAL HARASSMENT

1. CONTENTS:

• Equal employment opportunity to the “Sexual Harassment Prevention Cells” guidelines on sexual harassment.
• Offices of the NHQ, Branches and Special Work Unit (SWU) - Sexual harassment.


Equal employment opportunity to the “Sexual Harassment Prevention Cells”:

2. GUIDELINES ON BULLYING AND SEXUAL HARASSMENT MANAGEMENT:

Sexual Harassment:

a.) Harassment on the basis of sex would be treated as a violation of FPAB’s core values. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or conditions of an individual’s employment,
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
b.) In determining whether alleged conduct constitutes sexual harassment, the “Sexual Harassment Prevention Cells” will look at the records as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts on a case-by-case basis.

c.) Applying general principles, an employer, employment agency or supervisors (hereinafter collectively referred to as “employer”) is responsible for its acts and those of its agents and supervisory Employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The “Sexual Harassment Prevention Cells” will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.

d.) With respect to conduct between fellow Employees, an employer is responsible for acts of sexual harassment in the work place where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can be shown that it took immediate and appropriate corrective action.

e.) An employer may also be responsible for the acts of non- employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory Employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the “Sexual Harassment Prevention Cells” will consider the extent of the employer’s control and any other ethical responsibility, which the employer may have with respect to the conduct of such non-employees. The principles involved here will be applied irrespective to age, sex, socio-economic status, superior /junior, home districts, religion or political orientation.

f.) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing Employees of their right to raise and how to raise the issue of bullying or sexual harassment to the “Sexual Harassment Prevention Cells” , and developing methods to sensitize all concerned.

g.) Other Related Principles: Where employment opportunities or benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex bullying against other persons who were qualified for but denied that employment opportunity or benefit.


2.1 IT IS ORDERED THAT:
Offices of the NHQ, Branches and Special Work Unit (SWU) would do:
1. The Executive Department develop and disseminate personnel policy prohibiting sexual harassment in the workplace;
2. FPAB management in different levels disseminate such policy to all employees;
3. The Executive Department develop training and educational programs for the purpose of assisting agencies to eliminate any sexual harassment in FPAB services;
4. FPAB Offices inform their Employees of the internal complaint process;
5. FPAB Offices inform their Employees that sexual harassment complaints will be received by the NHQ’s “Sexual Harassment Prevention Cells”.
6. The NHQ’s “Sexual Harassment Prevention Cells” be available to counsel complainants on more appropriate procedures and remedies; and
7. This order takes effect immediately.

















































































CHAPTER-VI: INSTRUMENTS FOR RESOLUTIONS

1. HARASSMENT INVESTIGATION GUIDELNES:

Getting the employee to describe the claim:
 Listen to the charge. Don't make comments like, “You're overreacting.”
 Acknowledge that bringing a harassment complaint is a difficult thing to do.
 Maintain a professional attitude.
 Gather the facts; don't be judgmental.
 Ask who, what, when, where, why, and how. Find out if the employee is afraid of retaliation. How does the employee want the problem resolved?
Conducting an investigation of the claim—general rules to follow:
 Investigate immediately. Delaying or extending an investigation can make witness testimony increasingly unreliable.
 Remember that the manner in which the investigation is handled can itself furnish grounds for a hostile environment claim, so carefully document every step.
 Treat all claims seriously—even those that seem frivolous—until you have reason to do otherwise.
 Keep the investigation confidential. Emphasize to those involved that your discussions are not to be shared with unconcerned parties. Warn of possible disciplinary action, if necessary.
 Limit the number of persons who have access to the information. Communicate strictly on a “need to know” basis.
 Ask questions so that information is not unnecessarily disclosed. For example, instead of asking, “Did you see Paul touch Joan?” ask “Have you seen anyone touch Joan at work in a way that made her uncomfortable?” Remember—the purpose of the investigation is to gather facts, not disseminate allegations.
 If there is more than one allegation, treat each separately.
 To avoid defamation liability, never broadcast the facts of a given situation or the results as an example to others or as a training tool.

Interviewing the complainant (Can be done when employee first reports charge):
 Get specific details.
 Find out whether there was a pattern of previous episodes or similar behavior toward another employee.
 Get the specific context in which the conduct occurred. Where? What time?
 Determine the effect of the conduct on the complainant. Was it economic, non-economic and/or psychological?
 Determine the time relationship between the occurrence of the conduct, its effect on the complainant, and the time when the complainant made the report.
 Prepare a detailed chronology.
 Analyze whether there might have been certain events that triggered the complaint, i.e., promotion, pay or transfer denial.
 Determine whether there were any possible motives on the part of the complainant.
 Find out what the complainant wants.
 Explain to the complainant that the charges are serious, that you will conduct a thorough investigation before reaching any conclusion, and that he or she will not be retaliated against for making the complaint.
 Don't make any statements about the accused employee’s character, job performance, or family life.
Interviewing the accused:
 Obtain a statement from the accused.
 Identify the relationship of the accused to the complainant.
 Was there any prior consensual relationship between the parties? How long have they known each other? Is there a history of group or individual socializing?
 If the individual was a supervisor, indicate the individual's job title, obtain a copy of the individual's job description, and determine the individual's specific duties at the time of the alleged harassment.
 Determine whether the accused directed, or had responsibility for the work of other employees or the complainant, had authority to recommend employment decisions affecting others or was responsible for the maintenance or administration of the records of others.
 You can expect the accused to deny the charges. Observe the reaction. Note whether there is surprise, anger, or disbelief. Describe the details of the allegation and note the areas of disagreement between the testimony of both parties. If the accused denies the allegations, probe further to determine with the accused the background, reasons, and motivation that could possibly trigger the complaint.
Interviewing witnesses:
 Obtain statements from any witnesses who support or deny any of the complainant's allegations. Be aware that witnesses are often reluctant to come forward out of fear of reprisal.
 Assure all witnesses that their cooperation is important, that their testimony is confidential and that they will not be retaliated against for testifying.
Resolving the complaint:
 Apologize for the incident occurring, if that is appropriate.
 When attempting to remedy the conduct, avoid requiring the claimant to work less desirable hours or in a less desirable location. If you offer to transfer the complainant, try to get the complainant's consent and make sure the transfer position is substantially similar to the complainant's prior position. This helps ensure that the complainant is not being illegally punished for reporting discrimination or harassment.
 Consider the severity, frequency and pervasiveness of the conduct when imposing discipline on the harasser. There are several disciplinary options available, including:
— oral and written warning
— reprimand
— suspension
— probation
— transfer
— demotion
— discharge
 When imposing discipline on the accused, any forms of discipline short of discharge should be accompanied by a warning that similar misconduct in the future may result in immediate discharge. If no discipline is imposed, document the reasons why.
 Provide remedial counseling and training on sexual harassment, if appropriate. Also take the opportunity to re-communicate your policy.
 Carefully and fully document the investigation, the discipline imposed, and any remedial steps taken.
 Conduct follow-up interviews with the parties to inform them of the company’s actions.



2. COMPLAINT FOR SEXUAL HARASSMENT FORM: FPAB



Date:________________________________


Name (victim): ______________________________________ Signature________________

NHQ/Branch/SWU or Address:_________________________________________________

_________________________________________________________ Tel: _____________


Position: ___________________________________________________________________


Name of the person or group the complaint against: _________________________________
Dept. or address:_____________________________________________________________
Date & time of bullying/sexual harassment:________________________________________
Place:______________________________________________________________________
Witnesses if any:_____________________________________________________________
Suspected causes of the bullying/sexual harassment:_________________________________
___________________________________________________________________________
What happened?:_____________________________________________________________
___________________________________________________________________________
Type of complaint: (a) Informal  (b) Formal 
What would you like to see to happen (for you, for others) with respect to the alleged incident of harassment or bulleying?:____________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Person (name and designation) accepting the complaint form:_________________________
___________________________________________________________________________
___________________________________________________________________________
Date:_______________________

Date due:____________________________ Date completed:_________________________