Model Answer
0 min readIntroduction
The issue of sexual harassment at the workplace is a pervasive ethical and legal concern globally, and particularly in India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted to address this issue and provide a mechanism for redressal. This case presents a complex scenario where a company, facing potential reputational and financial damage, attempts to suppress a legitimate complaint of sexual harassment through coercion and financial inducement. The situation highlights a clear conflict between corporate interests and the fundamental rights and dignity of an employee.
Ethical Issues Involved
Several ethical issues are at play in this scenario:
- Violation of Human Dignity: The alleged sexual harassment itself is a fundamental violation of the woman employee’s dignity and right to a safe and respectful work environment.
- Conflict of Interest: The company prioritizes its sales figures and reputation over the well-being and rights of its employee. This represents a severe conflict of interest.
- Abuse of Power: The marketing executive allegedly misused his position of power to harass a subordinate.
- Corporate Complicity: The company’s initial indifference and subsequent attempt to bribe the employee to withdraw the complaint demonstrate complicity in covering up the harassment.
- Lack of Transparency and Accountability: The company’s actions lack transparency and accountability, undermining trust and ethical conduct.
- Compromising Justice: Offering a monetary settlement in exchange for withdrawing the FIR obstructs the course of justice and denies the employee her legal rights.
Stakeholder Responsibilities
Each stakeholder has specific ethical responsibilities:
- The Company: The company has a legal and ethical obligation to provide a safe and harassment-free work environment, investigate complaints promptly and impartially, and take appropriate action against perpetrators. The Act of 2013 mandates the formation of an Internal Complaints Committee (ICC).
- The Marketing Executive: He has a responsibility to maintain professional boundaries and treat all colleagues with respect. His alleged actions constitute a breach of trust and ethical conduct.
- The Woman Employee: She has the right to a safe workplace, to report harassment without fear of retaliation, and to seek justice through legal channels.
Options Available to the Woman Employee
The woman employee has several options:
- Pursue the FIR: She can continue with the FIR lodged with the police and cooperate with the investigation. This is her legal right, and the police are obligated to investigate the complaint.
- Approach the Internal Complaints Committee (ICC): Even after lodging the FIR, she can approach the ICC (if one exists as mandated by the 2013 Act) for a parallel investigation and redressal.
- Seek Legal Counsel: She should consult with a lawyer specializing in employment law and sexual harassment cases to understand her rights and legal options fully.
- File a Complaint with the National Commission for Women (NCW): The NCW can intervene and provide assistance in resolving the matter.
- Approach Labour Courts: She can approach the appropriate labour court seeking redressal for the harassment and any resulting damages.
- Publicly Disclose (with caution): As a last resort, she could consider publicly disclosing the incident, but this carries risks and should be done only after careful consideration and legal advice.
The company’s offer of a hefty sum to withdraw the complaint is illegal and unethical. It constitutes an attempt to obstruct justice and silence the victim. The employee should document all interactions with the company, including the offer of money, as evidence.
Conclusion
This case underscores the critical importance of robust internal mechanisms for preventing and addressing sexual harassment in the workplace. Companies must prioritize ethical conduct and employee well-being over short-term financial gains. The woman employee’s courage in reporting the harassment and pursuing justice is commendable. A strong legal framework, coupled with a culture of respect and accountability, is essential to create a safe and equitable work environment for all. The company’s actions demonstrate a systemic failure of ethical leadership and require stringent action to prevent recurrence.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.