Are you concerned about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you awake at night? Do you frequently worry about unfair punishment, nit-picking of your work by a bully manager, or do you fear that you might even lose your job in the middle of this terrible economy? Get the Undercover Lawyer on your side at Work Laws Exposed

We all know that a woman’s hormones can be out of control at some times, leading to irrational bouts of crying, laughing, or even anger.  This is all culminated during pregnancy.  If you the significant other of a pregnant woman, you would do well to remember to keep your mouth shut unless you are absolutely positive that what you are saying will please her.

10. “You look fine”

To men, fine means fine.  To women, it means that they look like they just stepped out of a dumpster.  To say this to a pregnant women is inviting hell.  Stick with stunning or gorgeous in lieu of fine.

9.  Fat Jokes

This is a bad idea at any time but especially when a woman is pregnant.  Her body is changing in ways you will never know or understand.  Fat jokes will not make her feel better about her new found curves.

8. “Are you going to eat all of that?”

Don’t be surprised if she starts eating more than she used to.  Well, it’s ok to be surprised, just don’t let her know it.  She really is eating for two now and you would do well to realize that.

7.”After you have the baby you’ll go back to normal, right?”

Believe me, she is more worried than you are about how her body is going to be changed by the pregnancy.  Don’t bring it up.  Just rest assured that she will be doing everything she can to get back to normal.

6.”Is this going to cut into my video game time?”

Yes it is.  And she shouldn’t have to tell you that.  Bringing this up is just an invitation to an argument.  You will both have a lot less time.  It is however important to still get some time and you will have to talk about that eventually.

5.”Can I still go on vacation with the guys after the baby is born?”

If you have a vacation planned with your friends in the months after the baby is born, you should probably reschedule or cancel it.  Your responsibility will be the child and your wife.  If this is an issue then you probably should have bagged it.

4.”When will you be going back to work?”

She will go back to work when she is good and ready.  There is a lot to be said about women who sacrifice their careers to raise their children. In the end this is her choice.  Things may be tight for a little while but you will survive.

3.”I won’t be able to take off work the week that you are due.”

Yes you will.  This is an obvious copout created by someone who just doesn’t want to be in the delivery room.  It is against the law for the employer to restrict FMLA time or paternity leave.

2.”I hope you know that you are on poop duty after the baby is born.”

You should probably share the poop duty.  If you are absolute certain that poop is out of the question, then maybe there is a compromise.  Perhaps you should be the one waking up with the baby throughout the night.

1.Negative things about the baby.

Make sure that you never say anything negative about your unborn baby.  It will almost definitely hurt her  feelings, not to mention being horrible.

Becoming a new parent is hard, whether you are a new mom or dad.  Their a probably a million questions running through your head.  At BlissfulMommies.com we strive to answer the questions about your new baby. Whether it be about a specific product, or just ways to relax.

Can my employer put me on a written warning while a FMLA claim is still under review for approval?

My boss wrote me up for a leave that is still pending approval. The write up has kept me from being able to interview for a promotion. I am on another FMLA qualifying leave right now that is under review. When I return on Monday, I suspect I will be terminated. What can I do about it? I’ve already attempted to have the write up expunged to no avail.

Answer
Yes they can. You would probable have to build a case for FMLA gender discrimination. Very hard case to win. Not nearly similar as the other discrimination claims. Talk to a lawyer.

Workplace coaching has been for the reserve of executives or individuals within organisations.  Now organisations realise that managers using coaching skills can provide direct performance and business benefits.

 More than 70% of organisations with any formal leadership development activities use coaching as an important part of that. The Chartered Institute of Personnel and Development (CIPD) states that line managers typically deliver 36% of the coaching to their reports, while HR and Training and Development specialists were delivering 30%.This suggests an expectation for line managers to deliver more coaching. 

 I will start with defining what is coaching in the workplace, and what it is not.  I will cover how it works as a development tool, the topic of the Manager as coach, their roles and responsibilities; the deliverables to the business and the pros and cons of delivering coaching.

I will cover how a manager can coach, who they will coach, and different styles and to conclude the issues that it may raise, how they can be recognised and some solutions.

How does it work?

Organisations realise they can improve the performance and motivation of their people through coaching. A coaching style of management is preferred to the traditional command and control approach.

Coaching is a more a management style rather than a tool. Application of coaching has many examples; delegating, problem solving, team building, planning and reviewing.

Coaching embraces 2 fundamental principles, that of awareness and responsibility.  Huge potential lies within all of us. What blocks that unleashed potential? Restrictive structures and company practices, the lack of encouragement and opportunities offered, and management style of the company. The most common internal block is self belief. Building self awareness, responsibility and self belief is the goal of a coach.

Awareness can be raised by focussed attention and by practice.  It is the clear perception of the relevant facts and information.  It helps in recognising when and how emotions or desires distort our own perception.

When we accept, choose or take responsibility for our own thoughts and actions, our levels of commitment increase, and so does our performance.  Performance is likely to improve if someone chooses to take action, rather than being told.

Effective questioning in conversation best generates awareness and responsibility.  Questions should be open beginning with words like what, when, how (much/many), and who.  Why is discouraged as it suggests criticism. Questioning will follow the coachee’s train of thought.  If they appear to be going way off track a simple interjection like ‘I notice we haven’t talked about’, helps bring things back on course. 

What should we ask, and in what sequence?  Several coaching models exist.  The most familiar is the (T) GROW model.  The G is for Goal, setting the agenda for the session as well as the long term aspiration. The R is for reality, exploring the current situation. The O follows for options or courses of action.  Finally W is for what is to be done, when, by whom (the way forward). 

Other coaching models exist, such at the SHOOTS model. Here they cover Seek to understand, Hone the goals, Objectives set, Options and action planning, Try it out, Success review.  One further coaching model the ‘Coaching path’, is another. 

The Manager as Coach the pros %26 cons

Can a manager coach and do their own day job?  With the demands placed on managers these days, adding one more task to their list of objectives in an ever demanding workplace.

Organisations realise they can improve both the performance and motivation of their associates through coaching.  Focussing on encouraging people to think for themselves, a coach provides support, challenge, feedback and guidance, but rarely answers.

A survey conducted by the Chartered Institute of Personnel and Development (CIPD) suggests managers who have been trained in coaching can also self coach. While operational coaching carried out by line managers will help to improve performance, it is dedicated internal coaches who will bring about long-lasting behavioural change that can really add value. 

Dedicated internal coaches within an organisation must raise the question of value for money and cost effectiveness.  My own observations of cost-cutting programmes, flatter organisations, and the need to demonstrate value for money leave little room for a coach to exist as a dedicated resource. 

There are some additional pros and cons for coaching a team  From the perspective of the coach is a successor could be created, avoiding team members being ‘off the job’ to develop skills, and could be cost effective. The downside to this is that they (the manager) feel their own job may be jeopardised, it can be time consuming, and giving people responsibility may encourage them to dispute the coach’s authority. The manager in coaching may  develop a lack of confidence if the coaching experience does not go well.

For the team the benefits are that they will be coached by someone who knows them and their development needs.  Development is part of the job and is therefore directly relevant and useful, and it makes work more challenging and interesting.  The downside could be if coaching isn’t taken seriously.

Coaching may not always be appropriate.  A manager may have to switch from a coaching role to a directing role and then back again.   As long as this is explained to the team this should not cause an issue.  If not then the behaviour can be seen as ambiguous.

For the manager to be successful he needs to build rapport with the people he is coaching.  Without this coaching will have limited benefits.  The relationship will often be one to one, however in the case of a development or performance focus; the manager may have to report to a sponsor to give feedback.  All parties will need to know this from the start.  

How can a Manager Coach?

Organisations need to decide how coaching will be deployed, who will do the training (internal/external) and how many managers are to be trained. This would usually be led by the HR function, supported by senior management.  This could be built into the organisations objectives and targets. By the creation of a ‘coaching culture’ coaching will be more readily accepted.

Various coaching models are available for the manager as coach. The most common is (T)GROW. Used effectively it’s relatively simple to use (previously discussed). Regardless of which model the coach chooses to take, it will give them a repeatable model to use.  One disadvantage of having many managers coaching in organisations is standardisation, a model will help.

Assuming the manager has received coaching training, and is now armed with a repeatable model to follow, what next? There are several dimensions in the coaching relationship to consider.  One is between the coach and the coachee (team or individual). 

A third dimension which is the manager to the organisation. This may mean reporting upwards on progress and developments of a coaching relationship.

A manager can coach in various ways; coaching downwards, meaning coaching individuals who report directly. Coaching upwards, meaning the relatively unusual situation of coaching ones superior. This can be dangerous as a senior manager may ask for honest feedback, but does not want to hear the truth!  I would advise extreme caution in this situation.

Coaching sideways, meaning coaching colleagues peers or equals in the organisation. This occurs in different areas and can benefit the coach, coachee and the organisation with an exchange of views and knowledge. It allows challenging questions to be asked, which might not necessarily be raised if one had expert knowledge of the functional area. 

Team Coaching, is another dynamic where a manager can apply his coaching skills.  For a team there are times when coaching intervention will be effective. These are the beginning, midpoint and ends. The beginning helps establish boundaries, identifies what to do regarding tasks and timings. This helps the group to have a good launch, and can significantly enhance member’s commitment to the team and the task. At the midpoint failures and successes can be shared, as well as experiences. Teams are able to review how they have worked together and will be open for some coaching intervention. The end of a task or performance should be time for lessons learnt for future project work. 

These 3 coaching interactions can be summarised as motivational in the beginning, consultative at the midpoint, and educational at the end. Evidence suggests that coaching a team in between these points in the cycle may have small beneficial effects.

What issues does it raise?

There are three angles, the coach (manager) the coachee (individual and team) and the organisation.

In all organisations politics have their place.  It is important to remember that as a coach your role is non-judgemental.  The manager needs to recognise when there is a conflict of interests and flag at the earliest opportunity.  By finding themselves ‘in the middle’, this is potential for stress. Managers should be aware and take early action to avoid this situation.

In commercial organisations, Return on Investment (ROI) or at least a clear measure of how coaching will impact the organisation is required.  Few initiatives will be approved or deployed unless there is a clear measurement system.  This is where a ‘coaching culture’ may support the initiative. Being incorporated into the organisations missions, and values as well as one of the organisations corporate objectives will support success and adoption.

Tracking success of coaching can pose a headache. Process tools %26 guidelines will help with this. For example specifying how long the coaching will last for, the assessment instruments and agreement as part of the contracting phase.

One issues a manager may face when coaching in an organisation is that of standardisation. For example coaching models, how information is recorded, and how coaching sessions are conducted. 

A barrier to coaching is the perception the time to do it. Small companies and some owner managers are likely to complain that they don’t have the time to do everything. Smaller companies tend to have fewer dedicated resources.  However it is accepted that some smaller businesses fail as a consequence because they had not adequately developed their key staff.

Managers as coaches may well come across the international dimension and are an aspect that the manager as a coach needs to be aware of, even within a single organisation. This is particularly relevant in a more diverse workforce.

Managers ought to understand how development impacts on people in the organisation. Managers need genuine interest; otherwise they may only pay lip service to the ‘coaching culture’ or their organisations ‘strategy and vision’. In hostile environments (such as fast paced manufacturing) with aggressive attitudes and styles, change needs to happen quickly, and coaching is not automatically chosen.

Autocratic environments where management ‘tell’ their associates display language and behaviour in direct conflict to the coaching style.  If managers have to ‘tell’ their associates, they handle and remove any ambiguity in their role as coach. As long as this is explained to associates this should not cause an issue.

If time is upmost then telling will be the fastest way. If the quality of the result is upmost, then coaching for high awareness and responsibility is likely to deliver. If maximising learning is upmost, coaching will optimise learning and retention.

Coaching is a tool for people development.  What if there is nowhere for the people to develop to?  Organisations adopting flatter and leaner structures, particularly in the light of current economic situations there may leave little scope for individuals to move unless someone leaves. Succession planning helps here but people may have to ‘stand still’ for some time.

As a consequence of downsizing individuals find them with even higher workloads than before.  Organisations typically shed jobs and restructure with little thought as to how the business processes and people are affected.

Other organisational barriers to coaching success are lack of time, where the managers did not feel that they had the time; they want things done now so revert back to ‘command and control’.

Fear of skills coaching used, for managers who can’t or won’t coach will oppose its use.  They may feel weakness in their ability. Fear from the associate’s side their mangers are not confident in their role as coach, and some associates may be better than them. From the manager’s side there is the fear of the coach, that the coach can perform better than them and perceive it as a threat.  There is the fear of risk, that if it does not bring the results that are expected (whether reasonable or not) that it would be a waste of money (externally provided), or resources and time (internally provided).

Coaching is not a ‘catch all’ for everything and everyone and the manager needs to recognise when coaching is not appropriate. As a guide but by no means exhaustive, when faced with the following situations, a manager may question if coaching is appropriate. If a criminal act is committed, serious health or emotional problems, stress, and substance abuse. 

Conclusion

Coaching has been recognised as adding value in the workplace, not only for high achievers and executives. Responsibility for delivering the coaching still rests largely with the line management team in an organisation ( 70%). 

Coaching is applied in a non-directional, non-judgemental way.  Before improving performance awareness and responsibility need to be raised. Coaching models exist to aid the manager the most common being   (T)GROW.

Coaching may appear an additional task on f the manager’s already heavy workload. Done correctly, it allows the manager more time on core tasks such as long-term planning and objective setting.  In developing staff it avoids them being ‘off the job’ to develop skills. There are occasions where a manager will have to ‘tell’ staff and needs to be handled by them appropriately.

Coaching can be done at various levels within an organisation, team, individuals, peers, superiors or themselves. It is important for the manager to recognise when coaching is not appropriate and seek assistance.

The manager needs to be aware of any conflicts of interest, particularly in the area of values and beliefs. A demonstrable measurement system will support the coaching approach. The standard of training and ongoing support to coaches is important to ensure that a coach does not have a negative effect on the workforce. Cultural and diversity dimension also needs to be considered.  

Coaching is clearly not a ‘catch all’ or a sticking plaster for a manager to heal over their areas of responsibility. It is extremely powerful when used as a management style, supported by a strong and visible coaching culture within an organisation. 

The final question I would raise to any organisation not using, or considering using coaching is why would they not want to benefit from the overriding benefits that it can yield?

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Hostile workplace question?

I work in an ICF/MR. (nursing home for mentally retarded adults). The administrator has a habit of cussing out some of his employees…I got mine today. There are also a few people on the payroll who are not actually working there but still draw a full-time paycheck. One is the wife of the facility RN, the other is his sister-in-law. Neither of these women have actual positions. Going to the owner is fruitless. Anytime anyone has, nothing happens and within a month these people also find themselves fired for some minor reason that makes no difference, it’s just a “reason”. This facility is funded by the state of Oklahoma and the clients who live there pay with their Social Security and any other state as individuals they may receive. Is this Medicare fraud? It seems like it to me. What can be done? Who do we report it to?

Answer
I have worked in facilities like that before icf/MR’s in Indiana, missouri and Florida. They are all similar in that management tends to be overly anxious and sometimes mean to staff which is why there is such a big turnover at those facilities.

How the money works: Those individuals are not getting Medicare (for the most part, unless they are drawing it from a parent) because they did not work 10 years. They are largely drawing Medicaid. Medicaid is paying for their ‘services’ that means YOU, the bathing, dressing, feeding, transportation etc. The client is paying for their ‘room and board’ via their social security check (which is usually $674 for most of them). The room and board is simply their rent, food, clothing cost etc.

Most of these Icf/DD’s are privately owned. Nothing you can do about an owner paying non existing employees. Regardless of what business he is running, it’s his profits to do with as he pleases. Those people that he is paying could be the ones that helped him start the business or have some other stake in the company that you don’t know about.

Nothing that you stated is reportable. Reportable is if something is going on that can hurt a resident. Unfortunately, nothing you said is happening to the residents. Best you can do is report them to better business bureau

Are you worried about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you up at night? Do you constantly worry about unfair punishment, nit-picking of your efforts by a bully manager, or do you fear that you might even lose your job in the middle of this bad economy? Get the Undercover Lawyer on your side at Work Laws Exposed

A popular way for employers to reduce their paperwork and compliance headaches is to outsource business functions such as bookkeeping and accounting. In fact, 58 percent of American businesses now outsource some of their functions, according to a survey conducted by the Society of Human Resources Management. Among the reasons: it cuts costs, reduces potential errors, and provides expertise the company does not have.

How Do Businesses Gain from Outsourcing?

• Reduce operating costs (58%)

• Better support business by focusing HR on strategic and core capabilities (40%)

• Support business changes (32%)

• Attract, retain and grow talent (28%)

-Hewitt Associates study in 2009.

Companies save money by not having to employ staff members with the experience and education required to handle all of their complex business needs. Employers are also concerned about accuracy and complying with changing laws and regulations. Leveraging the expertise of an outside administrator better ensures compliance to changing regulations.

Mistakes cost time and money and can result in penalties from the IRS and Department of Labor, as well as other federal and state agencies. With the myriad of red tape that most employers have to deal with, it’s not surprising they turn to professionals who specialize in these matters.

An outsourcing study by Hewitt Associates found that:

• 82% of companies indicated they have achieved the expected benefits from outsourcing.

• 62% who identified cost reduction as a primary objective of outsourcing indicated that they met their costs savings objectives.

• 81% rank improving service quality as the top method for measuring the ROI of an outsourcing initiative.

• 34% of companies are more likely to outsource than they were 2 years ago.

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Can a prospective employer ask why you left your last job under FMLA?

If you are interviewing for a new job and you left your last job under FMLA due to a personal illness, and then stayed out of work under Social Security for say 3 years, and are now able to return to work, can an employer you’re interviewing with ask you what the illness was?

Answer
No. During the initial interview, they cannot ask about an illness, per ADA (Americans with Disabilities Act).

BUT you will have to answer questions that will come up….Why did you not work for three years? You’ll have to give an answer you are comfortable with, and that isn’t a lie.

If you are in a successful career, chances are you are enjoying what you do. You look forward to getting up everyday and getting ready to go to the job. Be happy, you are part of a privileged group. However, this is not the case with everybody. More often than not, people force themselves to go about their work everyday. Some realize it outright while others have no idea that they have touched career burnout. Career burnout can be resulted from a lot of things of which you might or might not be aware. Generally, there is a misconception that careers that involve a lot of physical labor result in burnout. This is not true. People who are in sedentary jobs or in proper white-collar jobs also feel burnt out.

Careers in all fields are prone to mental stress and anxiety leading to burnout. Whether you are a teacher, a banker, a manager or a clerk, you can experience job burnout at some or the other stage in your professional life. It can be both physical and psychological. Generally, job burnout can be defined as a state of inescapable fatigue, stress and frustration that sets in as because of your extra devotion to work, or way of life, or a professional experience that is not rewarding enough, or simply a lack of work-life balance. This is not a sudden experience but a gradual process. Sometimes, one is not even aware that this has set in. Job burnout clearly results in a lack of enthusiasm for work, a sense of failure and a general sense of disappointment towards life. Sometimes, this can become very dangerous. Thus, as soon as the symptoms are identified, one must look at arriving at a proper and timely solution.

Sometimes people shy away from owning up to job burnout. It is seen as a clear proof of having failed at the job that one was required to do. People feel that they have to like the work that they are doing, that they have to be tough and keep trying, that things will improve and that sooner or later their efforts will be recognized and rewarded. Thus, they end up dismissing that they have any job burnout. There are many clear symptoms such as not feeling enthusiastic about going to work, not caring for work, feeling anxious and reluctant, a sense of helplessness and a lack of control, perpetual weariness, boredom, guilt and a feeling as if there is no way out.

One should not ignore job burnout as it can lead to severe problems. There would be a certain decline in productivity, insensitivity and even lead to physical ailments. Some people go to the extremes of drug or alcohol abuse and even experience suicidal tendencies if job burnout is not treated in time. While everybody faces stress at the workplace, it is the way you handle it and the amount of control that you have on your fate that determines how burnt out you are at your job. Generally, managers are able to fare out better with job burnout because they feel they can control their fate. If you feel that you are losing control, others are dictating you in the job, you are prone to high degrees of job burnout. The lack of reward and recognition in the workplace, incompetent compensation, and unending tasks are the reasons that can lead to job burnout.

It is important to tend to the problem rather than ignore it. Firstly, stop ignoring the symptoms and stop denying that you might be suffering from job burnout. Once you are self-aware of the situation, it would be easier to deal with it. Then, you start looking at the problem in the face are able to do a step-by-step analysis of the whole situation and are thus able to deal with it better. Tackling one symptom at a time helps. Then, you have to believe that you and you only are in control of where your career goes. Even if there are hostile conditions at the workplace, you can still determine your professional destiny. This just might be a wake-up call. May be your career really needs an overhaul. You could consider changing profile or switching jobs. However, firstly you would have to determine what gives you real happiness.

You could look at avenues to grow outside your job, you could look at connecting with people whom you like or you could take classes to enhance your skills. The key is to introduce newness in your life. Also, look critically at your workplace and your daily work routine. If you feel there is no way out then you should probably take the first way out of your office. You have to do what you like and enjoy your job to avoid job burnout. Also, there has to be a balance in life and career. Never let a job take over your life.

Geetika Jain writes on behalf of Naukri.com, a leading job portal for
jobs in india. Naukri.com is a recruitment platform and provides services to the corporate world, placement agencies and job seekers in India and overseas. It offers a bouquet of products like Resume Database Access, and Response Management tools and its services include Job Postings, and branding solutions on the site.

Take back control and put an end to your hostile workplace this very moment, grab Work Laws Exposed right now. You can’t alter a position you don’t like and don’t warrant without having an open mind, believing in yourself, and taking action.

men, would you feel sexually harassed if women in your workplace have put pictures of nude male models on PC’s?

would you consider it as a sexually hostile environment? and report that woman?

Answer
I would not feel sexually harrased, but I would report it. They are not paid to put up images of nude people on the computer (at least, I hope they aren’t…).

To understand the impact of sexual harassment on women one must listen to the account of its victims as no one conveys the meaning and truth of sexual harassment better than the women who have endured it. In response to the question ‘What kind of emotional response does eve teasing /sexual harassment evoke in you’, not a single woman ticked the category of ‘indifferent’. The survey of the Gender Study Group shows that most women felt disgusted, insulted and scared by any sort of harassment.
Women often internalise male perceptions of sexual harassment and blame themselves for having brought on the harassment. They not only doubt the validity of their own experiences but begin to believe that they themselves must be ‘abnormal’, ‘cheap’ , ‘indecent’ or deserving the violence that comes their way.
Most respondents, men and women, described ‘verbal harassment’ as eve teasing and contrasted this with ‘physical harassment’ which has been seen as sexual harassment. They described eve teasing as relatively harmless behaviour committed usually by strangers, while sexual harassment would be grievous committed by acquaintances or men in positions of institutional power. In addition, most men and women described eve teasing as isolated incidents while sexual harassment would typically be repetitive and sustained over a long period of time. Many respondents said that they felt extreme anger, frustration and helplessness at not being able to do anything about the harassment.
Many women having faced this behaviour also said that they find it difficult to trust or have friendships with men.
In response to the question ‘Has sexual harassment /eve teasing affected your academic/personal development in any way?’ ,45% of women stated that sexual harassment on Delhi campus roads has affected their personal or academic development in one way or another. Many women have found a way of handling these situations by changing their personalities but at one level these changes are also forced by the circumstances over which they have no control, and has left some of them bitter.Authority Structures Despite gross instances of sexual harassment in the past the Delhi University administration has not treated sexual harassment as a serious problem which has traumatic consequences for the women.
The university administrators do not want to recongnize the magnitude of the problem of sexual harassment faced by women in the University, everyday. The general attitude of the administration has by and large been one that either disbelieves the victim or blames her for ‘provoking harassment’. By treating sexual harassment as ‘normal’ the administration has systematically legimatised the sexist violence women face in the University.

Police
A great deal of cynicism exists regarding police action. Women said that even when they have gone ahead to complain to the police nothing has been done about it. In our survey 20.2% women hostellers said that they have faced sexual harassment from policemen, this includes staring, winking and lewd comments. The problem of harassment can be sorted out only if the hostel and university authorities and the police work together in tackling it.

Need for a policy on Sexual Harassment
The suggestions made by the Wad Committee has been included in the report. Some of its important provisions are:
Till the time legislation is passed, the university should frame appropriate statutes for dealing with cases of harassment.

The university should appoint a committee of three women teachers to inquire into serious charges of harassment.
If this committee records prima facie findings of guilt, the person responsible should be suspended in anticipation of disciplinary proceedings. The Disciplinary Enquiry should be headed b a retired judge and should be associated by one woman member, not connected with the University.

What can women students do?
Women need to strategize about their safety and not simply ‘ avoid going out in the late evening alone’. Some strategies that women could use in case of Street Harassment are:
? ignore as a strategy.
? scream for help.
? lash out.
? Push the person away and hit them with slippers / bags.
? Use self-defense mechanisms E.g. kick them off balance.
? Note down the number and features of the vehicle.
It is a mater of concern that 91.7% of the women hosteller respondents reported having faced harassment on the campus. This report came out in 1996, however nothing concrete has still been done to tackle this problem. It is about time that the university authorities, the teachers associations and various student bodies take responsibility and through open discussions take a political stand, which would ensure action to make the campus safer for its women students. It is important that we question our own perceptions on the issue of harassment, before we can bring about any change!
————————————————————————————————————————————————–
Law on Sexual Harassment
Undeterred by the absence of legislation covering the issue of Sexual Harassment at the Workplace, the Supreme Court has laid down the necessary guidelines and norms in, Vishaka v. State of Rajasthan, for the protection of the fundamental rights of women, violated, as a result of Sexual Harassment at Work. The Court has emphasised that the guidelines and norms being laid down by it had to be duly observed at all workplaces or other institutions until a legislation is enacted for this purpose and that these should be treated as law under Art 141 of the Constitution. These guidelines are in accordance with the recommendations and conventions of various international organisations like the ILO and the European Communities
Commission.
The European Communities Commission has emphasised worldwide that the most effective method of combating with this menace is to develop and implement a preventive policy at the enterprise level. Taking their recommendations into considerations, the Supreme Court has laid down the following guidelines: Preventive steps : The employers should take appropriate steps to prevent sexual harassment. These include:
(a) Express prohibition of sexual harassment at the workplace should be notified, published and circulated in appropriate ways.
(b) The rules/regulations of government and public bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
(c) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have some reasonable grounds to believe that she is disadvantaged in connection with her employment.
Criminal Proceedings:
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
In order to ensure that the victims are not discriminated against, while dealing with complaints of sexual harassment, the victims should have the option to seek transfer of the perpetrator or their own transfer.
Disciplinary action:
Where such conduct amounts to misconduct in employment as defined by the relevant service rules, disciplinary action should be initiated by the employer in accordance with these rules.

Complaint Mechanism:
Whether or not such conduct constitutes an offence under law or a breach of the service rules, a complaint mechanism should be created in the organisation for redress of the complaint made by the victim.

Complaints Committee:
A complaint mechanism should provide for a Complaints Committee. The Complaints Committee should be headed by a woman and not less than half of its members should be women. Further, to prevent the possibility of any undue influence from senior levels, the Committee should involve a third party, either NGO or any other body familiar with the issue of sexual harassment.

Workers initiative:
Employees should be allowed to raise issues of sexual harassment in workers meetings and other appropriate forums.

Awareness:
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines.

Third party harassment:
Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

The Supreme Court has held in Apparel Export Promotion Council V. A.K.Chopra, that in any case involving charge of sexual harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of the case and not get swayed by insignificant discrepancies or narrow technicalities or the dictionary meaning of the expression ‘molestation’. The Court also held that the statement of the victim must be appreciated in the background of the entire case.

Notwithstanding the availability of potential remedies under labour or criminal or tort laws to a victim of sexual harassment, it is now widely accepted that the most effective way of combating with this menace is to situate the primary remedy against sexual harassment in the Sex Discrimination Law itself.
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It is sad that even today the number of dowry deaths in India are so high. Due to the unfulfillment of demands of dowry, many women die at the hands of their in-laws in both rural and urban India. But there is something that can be done about it.

Section 304 B was introduced in the Indian Penal Code in order to strictly deal with and punish the offence of Dowry Death. It was a new offence created with effect from November 19, 1986 by insertion of the provision in the Indian Penal Code providing for a more stringent offence, than provided by Section 498A of the same Act, which deals with punishment for cruelty by husband and his relatives. The ingredients necessary for the application of Section 304B are:

When the death of a woman is caused by any burns or bodily injury, or occurs under unusual circumstances.
And the aforesaid two facts spring within 7 years of the girl’s marriage.
And soon before her death, she was subjected to cruelty or harassment by her husband or her relative,
And this is in connection with the demand for dowry.

If these conditions exist, it would constitute a dowry death, and the husband and/or his relatives shall be .deemed to have caused her death.For the purposes of this sub section, dowry shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961. The definition of ‘Dowry’ includes any property or valuable security given or agreed to be given either directly or indirectly:

By one party to a marriage to the other party to the marriage; or
By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before or any time after the marriage in connection with the marriage of the said parties

Section 304 B also provides that whoever commits a dowry death shall be punished with imprisonment for a term which shall not be less than 7 years but which may extend to imprisonment for life.

It is true that in criminal jurisprudence the benefit of the doubt is extendable to the accused. This concept of ‘benefit of doubt’ has an important role to play but within the confines of the stringency of laws. Since the cause of death of a married woman was to occur not in normal circumstances but as a dowry death, for which the evidence was not easily available, as it is mostly confined within the four walls of a house, namely the husband’s house, where all likely accused reside, the amendments brought in the concept of deemed dowry death by the husband or the relatives, as the case maybe

…….In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of direct or indirect evidence. This section lays down stringent provisions by shifting the burden onto the accused by bringing in the deemed clause. According to Section 8-A of the 1961 Act, which came into force for taking or abetting any dowry, the burden to explain is placed on such person against whom the allegation of committing the offence is made. Similarly, under Explanation to Section 113 B of the Indian Evidence Act, there is a presumption that a death caused within 7 years of marriage is a dowry death.

In Ashok Kumar vs. State of Rajasthan where the post mortem report indicated that the smell of kerosene was there in the body and even the burnt hair was smelling of kerosene, it was held that this fact ruled out the statement of the husband’s sister that the deceased was the victim of the accidental burning while making tea and also ruled out the remotest possibility of an accident.

The demand for dowry is itself punishable if the other ingredients of Section 304 B are established. In case of Pawan Kumar vs. State of Haryana, the facts were that a few days after the marriage, there was a demand for a scooter and fridge, which when not being met led to repetitive taunts and maltreatment. The wife finally committed suicide. The Court stated that Section 4 of the Dowry Prohibition Act deals with the penalty of demanding dowry. This makes it clear that even the mere demand for dowry was punishable. The Court thus concluded that the persistent demands for scooter, fridge etc made from the bride after marriage or from her parents, would constitute to be in connection with the marriage and it would be a case of demand of dowry within the meaning of the Section 304 B IPC. It is not always necessary that there be any agreement for dowry. The Court also held that the facts proved cruelty in connection with dowry demand.

In Akula Ravinder vs. State of A.P it was held that death must be proved to be one out of the course of nature and the mere fact that the deceased was young and death was not accidental is not sufficient to establish that death must have occurred otherwise than under normal circumstances.

MBA/NET qualified

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Do you believe porn is going on in the workplace?

Originally published 04:45 a.m., October 18, 2009, updated 12:55 p.m., October 18, 2009

Workplace Porn Wastes Time, Cash

Cheryl Wetzstein

First of two parts

On Sept. 29, my Washington Times colleague Jim McElhatton led the paper with a story about National Science Foundation (NSF) employees accessing pornography at their work computers.

The porn problem was pervasive enough to trigger a massive internal investigation. One senior NSF executive, for instance, had “spent at least 331 days looking at pornography on his government computer and chatting online with nude or partially clad women, without being detected,” Mr. McElhatton reported, based on records obtained through the Freedom of Information Act.

The NSF executive retired once his pornography use was exposed, but investigators estimated that he alone wasted between $13,800 and $58,000 of taxpayer monies.

No one should imagine that the NSF scandal is isolated or rare. Workplace pornography is a major problem, according to the American Management Association (AMA).

Employers are fighting back with anti-porn filters on computers; as of 2007, about two-thirds of U.S. companies used such software, the AMA said. But there are still ways to evade the filters, and inexplicably, many employees seem determined to access porn at work, even if it costs them their jobs.

Listen to these comments, gathered by Idaho Post-Register reporter Corey Taule in an award-winning 2007 article on pornography.

Mark J. Holubar, a human resources executive, told Mr. Taule that his company is clear about its no-porn-at-work policy, but he still had an employee confess to him: “Yeah, I know I did it. I know it was wrong. I don’t know why, I was just doing it.”

And Gordon Boyle, a pastor at Calvary Chapel Church in Idaho Falls, Idaho, who counsels men for sex addiction, said it was “so bizarre” that employees would look at porn even when they knew they were being monitored. “I don’t think we understand the grip or the pull [of pornography],” Mr. Boyle told Mr. Taule.

That, I think, is the big question: What makes presumably well-educated, well-paid professionals risk everything they worked for just for another look?

The answer is simple — sex addiction, says Michael Leahy, author of the new book “Porn @ Work: Exposing The Office’s #1 Addiction.”

Mr. Leahy, a recovering sex addict, believes he was one of the first people to get involved with workplace porn. As an IBM computer specialist in the early 1980s, he and colleagues used porn at work years before online pornography and personal computers entered American homes. Later, as an executive with a private office and top-of-the-line computers, Mr. Leahy found even more ways to spend hours engrossed in porn.

“I was that person who is every line manager’s and HR professional’s worst nightmare — the sex addict at work who flew under the radar for years and never got caught,” Mr. Leahy wrote.

How does porn interfere with work? Initially, it just consumes countless hours (viewing images, concealing images, plus regular trips to private places to masturbate).

As the compulsive behaviors grow, porn-related rituals detract from work performance, Mr. Leahy wrote. A person preoccupied with porn, for instance, will miss meetings, fail to make calls or leave projects unfinished. They may seem to undergo a personality change, becoming easily irritated, unreasonably defensive or socially withdrawn.

It’s not uncommon for sex addicts to lose their spouses or their jobs, Mr. Leahy wrote. They also are prone to acting out sexually, exposing themselves to sexually transmitted disease and pregnancy, or legal problems “ranging from nuisance offenses to rape,” Mr. Leahy wrote. Business managers, he added, are particularly alarmed by sexual harassment or hostile workplace lawsuits filed over employees’ bad behavior.

Mr. Leahy has some solutions to offer, but first he wants to sound the alarm about college students.

Their college experiences are in a pornography-friendly subculture, he told me. “But the key is, when they have to stop — when they are made to stop — what will they do?”

Next week: Collision course.

• Send e-mail to cwetzstein@washingtontimes.com.

http://washingtontimes.com/news/2009/oct/18/wetzstein-workplace-porn-wastes-time-cash/?feat=home_columns&

Answer
Is this a serious question, or are you an outlet for the washington times?

Taking it as a question, yes. Pron is pervasive and for some reason, women especially, pron is a narrow minded viewpoint of looking at scantiness on a media (screen, paper, magazine) rather than it being a pervasive fact of life. So the front cover of Nuts magazine could be described as pronographic. So could most women in female orientated workplaces. But no, only Nuts gets the shotgun of objectivism.

The situation is wider than most women and the article suggests.

Bob