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Turning a blind eye?

WHAT EVERY CONTRACTOR, VISITOR, CLIENT WORKING AT IBM PREMISES


SHOULD KNOW ABOUT HARASSMENT AND
INAPPROPRIATE CONDUCT- ITS PREVENTION AND REPORTING

Education Pack

IBM Confidential
Why this education?
To understand what constitutes workplace
harassment and inappropriate conduct and how it
impacts the work environment.

To develop a clear understanding of each one of us


in IBM PREMISES, responsibility for maintaining a
harassment free work environment.

To communicate the internal resolution process in


the event of a reported incident of harassment.

IBM Confidential
From the Business Conduct Guidelines
3.1 Work environment

IBM strives to maintain a healthy, safe and productive


work environment which is free from discrimination or
harassment based on race, color, religion, gender,
gender identity or expression, sexual orientation,
national origin, genetics, disability, age, or other
factors that are unrelated to IBM's legitimate business
interests.

IBM will not tolerate sexual advances, actions or


comments or racial or religious slurs, jokes or any
other comments or conduct in the workplace that
creates, encourages or permits an offensive,
intimidating or inappropriate work environment.

IBM Confidential
IBM Anti Harassment Policy- India
IBM India is committed to provide all employees an environment
free of any kind of harassment based on race, color, sex, religion
or sexual orientation.

In line with the Indian Labor laws, IBM has set up the
Prevention of Sexual Harassment Committee. The committee
would work towards preventing and prohibiting inappropriate,
intimidating, or otherwise offensive sexually-related conduct.
The law also specifies a demographic composition for the
committee and mandates that it also consist of an external
person who is not personally or professionally related or in any
way connected to the employer.

The committee is a reflection of how seriously we are


committed to our basic belief of respecting the dignity of the
individual and seeks to provide a forum for employees.

Policy Link: http://w3-07.ibm.com/hr/ap/in/yourcareer/en-us/posh.html

IBM Confidential
The committee members will objectively
investigate any concerns that may be raised by
employees and provide recommendations.

It is the responsibility of all employees to report


incidents of discrimination, harassment or
retaliation regardless of the offenders identity or
position. IBM guarantees that no employee will be
disadvantaged in their employment as a result of
lodging a complaint .

IBM Confidential
What is Sexual harassment?

".....sexual harassment includes such


unwelcome sexually determined behavior
(whether directly or by implication) as:
Physical contact and advances: a demand
or request for sexual favours, sexually
coloured remarks, showing pornography
or any other unwelcome physical, verbal
or non-verbal conduct of sexual nature.

IBM Confidential
What is unwelcome behavior?
Unwelcome as the word suggests, is behavior that is not welcome,
not solicited and not wanted by the offended person.

It is important to understand that intent is not relevant in


determining whether or not a behavior is sexual harassment. All that
matters is the impact of the behavior on the work environment.
Regardless of intent, the behavior will be judged on its impact upon
the work environment.

This fact is critically important. The statement, "I didn't mean


anything by it," is not a valid defense of harassing behavior.

Sexualized environments. Even if behaviors or objects are not


directed at anyone in particular, it can create an offensive
environment .

IBM Confidential
Two kinds of Harassment
Type 1: Quid Pro Quo
this is the you do something for me and I ll do
something for you type of exchange. In this case, the
exchange is between managers and subordinates.
Example:
Hiring and firing ; Threat/ Preferential treatment
a manager promises a raise if she will go out on a date
with him, or tells she will be fired if she doesn t concede
to his request.
It also occurs when the person makes an evaluative
decision, or provides or withholds professional
opportunities based on another person s submission to
verbal, nonverbal or physical conduct or a sexual nature
Quid pro quo harassment is equally unlawful whether
the victim resists and suffers the threatened harm or
submits and thus avoids the threatened harm

IBM Confidential
Type 2: Hostile Environment :
It is an unwelcome conduct of a sexual nature
creates an intimidating, offensive or disruptive work
environment for some members.
Example:
Offensive remarks, off-color jokes, commenting on
physical attributes, using inappropriate terms such as
babe sexy, etc.

Offensive or vulgar graffiti, sexually offensive, cartoons,


calendars, letters, phone calls or through e-mail or any
other communication mediums, gestures, showing of
pornography, lurid stares, physical contact or
molestation, stalking, sounds or display of a derogatory
nature, literature of photographs displayed in plain view

Unwelcome advances or making sexual demands


whether verbal, textual, graphic or electronic or by any
other actions

Deliberately touching, pinching, patting, or giving


inappropriate looks to another person; pressure for
dates or sexual activity; or letters of a sexual nature

IBM Confidential
TOP TEN DANGER ZONES

1. E-Mail , ST and Internet Use


2. Comments on Personal Appearance, nicknames,
endearments
3. Touching, Hugging
4. Requests for Dates
5. Jokes and Innuendo
6. Sexually Explicit Profanity
7. Not Respecting Personal Space
8. Intrusive Personal Questions
9. Staring
10. Romantic relationships that has gone sour

IBM Confidential
How do I know that my behavior is
inappropriate, unwelcome or unwanted

I. Ask yourself the following questions>:


1. Is there any work-related purpose for your comments or behavior?
2. How would you feel if you were in the other persons shoes?
3. Would your behavior change if your family members were standing next to you?
4. Would you want your behavior to be made completely public?
5. Could the person feel intimidated by your behavior because you have the ability
to control the persons work
6. Have you asked someone out and is rejected more than once?

II. Does the person show any non-verbal signs that your behavior is not
welcome, such as:
1. Avoiding you; Walking away from you; Avoiding being along with you;
2. Physically distancing himself or herself from you
3. Rolling his or her eyes;
4. Changing the subject of the conversation; or
5. Not laughing at your jokes; or
6. Blushing

For additional guidance, please contact your HRP/ Prevention of Sexual


Harassment committee/ Safe workplace@in.ibm.com (short id:
sworkpla@in.ibm.com)

IBM Confidential
Contd

For a common-sense, evaluate what may be inappropriate


behaviors of a sexual nature and/or sexual harassment,
scrutinize the behavior utilizing the following questions:

Is the behavior unwanted or unwelcome?



Is the behavior sexual in nature?

Is the behavior severe and/or pervasive?

Does the behavior have an adverse impact on the workplace ?

If the answer YES to all four of these questions, the person most
likely have an issue of sexual harassment.

IBM Confidential
Dating with subordinates prohibited
A manager may not date or have a romantic relationship with
a subordinate or who reports through his or her management
chain, even when the relationship is voluntary and welcome
on the part of both the manager and the subordinate.

This prohibition is to preclude the appearance of favoritism,


which would conflict with IBM's merit system.

A manager who is romantically interested in a subordinate


and wishes to pursue a dating relationship with that person
(or continue or renew one that existed prior to the current
reporting structure) must, in order to do so, either with or
without his or her management's help, get himself or herself
another job inside or outside IBM, or with the subordinate's
agreement, get the subordinate another job in IBM where
that is needed to end the reporting relationship.

The subordinate should be transferred only if he or she


agrees to that solution

IBM Confidential
What is Retaliation ?
Retaliation against those reporting harassment is prohibited by
law and IBM policy.

Retaliation includes any hurtful employment action against an


individual.

Anyone suspecting or experiencing retaliation should report to


Chairperson of the Prevention of Sexual Harassment
Committees /Speak up or write to Safe workplace@in.ibm.com
(short id: sworkpla@in.ibm.com)

Retaliation cases will be treated as a major misconduct.

Anyone feeling that a retaliation complaint did not get a


prompt response can contact Country Manager directly.

Retaliation cases are treated as seriously as an alleged case of


harassment even if the original harassment complaint is not
proven

IBM Confidential
Varied circumstances
Victim need not be a person directly harassed
but anyone who finds the behavior offensive
and is affected by it.

The victim/harasser can be male or female. The


harasser does not always have to be of the
opposite sex.

Even if the harasser is unaware that the


behavior is offensive or constitutes sexual
harassment, it could be unlawful.

IBM Confidential
How to Prevent Harassment at workplace
1. Professionalism is of utmost importance at all times which
includes
attitude, behavior and dressing.

2. Review behavior on:


could it hurt or offend anyone ?
Could it be interpreted by someone as sexual harassment?
Would I be ok if this happened to a family member?

3. Establish clear boundaries Say NO if asked to go places, do


things or participate in situations that make you uncomfortable.

4. Value your instincts you have a right to walk away from


uncomfortable situations. Do not completely ignore others
warnings about particular people or situations.

IBM Confidential
5. Emphatic NO to the offensive behavior as soon as it occurs. If it
continues, keep details of dates, times, places and what happened.
Names of witnesses to these situations must also be noted.

6. If a coworker or employee comes to you and accuses you of sexual


harassment, listen to what that person has to say. Make sure you
try to fully understand what that employee is feeling and why he or
she feels that the behavior was inappropriate

7. Notify the organization. Use the informal or the formal resolutions


as specified in the IBM Anti Harassment Policy.

8. If you fear that your own behavior has been misunderstood, take
the time to explain and apologize to your coworker.

9. If you are a manager, and an employee informs you of


objectionable behavior in the workplace, you must take immediate
action and report it to the appropriate officials.

IBM Confidential
Manager Responsibilities
MANAGERS must:

Create and maintain a harassment free


environment

Ensure all complaints are promptly investigated

Notify the appropriate HR manager whenever you


see or hear anything that suggests that any
harassment or inappropriate conduct is occurring

Take appropriate disciplinary and corrective


action

Ensure no retaliation

IBM Confidential
Individuals Responsibilities
Should:
Understand the IBM Harassment Policy
Be aware of how your conduct may be
perceived by others
Respect coworkers and business associates
Report harassment to your immediate
manager, senior manager, Human Resources
or the Open Door Process

Should not:
Indulge in any offensive conduct
Tolerate harassment or inappropriate conduct

Must not:
Engage in any conduct prohibited by IBM
policy

IBM Confidential
What you can do as a colleague?

Believe a person who shares any incident about


harassment. Remember, it is his/her perception of
Unwelcome. Empathize.
Encourage the person to approach the offending person
directly and/or use channels of redressal.
Offer to accompany the person if support is required.
Keep it confidential and share only with appropriate
authorities.

IBM Confidential
Conduct prohibited at IBM
Includes, but is not limited to:
X Unwelcome sexual advances, suggestive or lewd remarks

X Using religious or racial slurs or other conduct which demeans


another person

X Derogatory or pornographic posters, Internet sites, cartoons, graffiti,


drawings or e-mail messages

X Telling lewd or indecent jokes about ethnicity or sexual orientation

X Making sexually suggestive comments or comments on physical


attributes / sexual advances / repeated unwanted sexual invitations

X Discussing sexual activities

X Offensive staring or leering

X Bringing sexually explicit or suggestive material onto IBM property;


or using IBM assets to access / distribute such material

X Displays of affection which make others uncomfortable or are


inappropriate at the work place such as unwanted hugs, touches,
kisses, inappropriate display of the body or coerced acts of a sexual
nature; requests for sexual favors

X Using terms of endearment (honey, dear, sweet pea)


IBM Confidential
If you believe you have been
harassed
Do not remain silent. You are encouraged to report the
conduct to management.

If possible, speak with the individual directly and inform him or her
that you feel the behavior is inappropriate. Direct communication is
the most effective means of stopping sexually harassing behavior.

Document any such discussions you have with the harasser and
any further occurrences of sexually harassing behavior.

If direct communication with the harasser is not possible, or fails to


stop the behavior, report the harassment to the Chairpersons of the
Prevention of Sexual Harassment Committees /up or write to Safe
workplace@in.ibm.com (short id: sworkpla@in.ibm.com )

Keep a written record of the date, time, and nature of the


incident(s) and the names of witnesses if any.

Do NOT publicize an alleged harassment without following the


reporting procedures.

IBM shall inform your Employer through proper channel.

IBM Confidential
POSH Committee Chairpersons

IBM Confidential
Resolution process
A formal investigation is initiated by raising a written complaint, which
should contain:

The name and all known details of the person/s allegedly causing the
harassment

A description of the incident/s, including the date/s, location/s, witnesses, if


any, or any other information that might be relevant.

A Committee is set up to investigate the case, who will interview the


employees involved, to determine the facts.

The committee will submit a report to the management, for a decision.

Management will decide on the appropriate disciplinary action, which


may include a stern punishment of dismissal from services.

IBM treats all allegations of discrimination and harassment as serious.

False accusations will not be tolerated, and may be subject to


appropriate disciplinary action.

IBM Confidential
Conclusion & Summary
Every person and representative @ IBM work
locations should be sensitive to the serious
consequences that sexual harassment brings
to the business. In addition to the potential
liability, harassment that goes unchecked can
destroy employee morale, negatively impact
the self esteem of the victims.

You learned how to:


1. Define and recognize sexual harassment
2. Understand IBMs policy and the laws intended to
prevent sexual harassment
3. Understand the responsibilities that the person has
in supporting the IBM non-discrimination and anti-
harassment policy.

IBM Confidential
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IBM Confidential

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