THE ISSUE

Sexual harassment is a form of unlawful sex discrimination under both federal and many state laws. It may take one of two forms: (1)

QUID PRO QUO -- harassment occurs when a supervisor conditions the granting of an economic benefit upon receipt of sexual favors from a subordinate or punishes the subordinate for refusing to submit to his or her request(s). Generally, an employer isstrictly liable for acts of "quid pro quo" harassment committed by a supervisor who has the power to make (or recommend) significant employment decisions affecting the subordinate-victim, such as hiring, promotion, discipline, or discharge. This liability would exist even if the supervisor's conduct violates a clearly-articulated and well-enforced company policy prohibiting sexual harassment and is done without the employer's actual or constructive knowledge. The rationale for holding employersstrictly liable in quid pro quo cases is that the supervisor is considered to be the employer because the harassment is accomplished by the authority which the employer specificallydelegated to him or her.(2)

HOSTILE WORK ENVIRONMENT --

This exists where supervisors and/or co-employees create an atmosphere so infused with unwelcome sexually-oriented conduct than an individual's reasonable comfort or ability to perform is affected. To bring this claim, the employee need not suffer an economic detriment. The standard usedby civil rights agencies and courts in determining whether a hostile work environment exists is whether a reasonable person, in same or similar circumstances, would find the conduct offensive.

RELEVANCE TO PAKISTAN

At the work places, harassment against women has become widespread in Pakistan and often women are forced to work in hazardous conditions, including wage discrimination, ill-treatment by employers and other dangerous factors. In Pakistan the issue of sexual harassment at workplace is still regarded as a personal problem that does not warrant workplace regulations.Pakistan needs appropriate legislation to check the prevailing sexual harassment at workplaces because the existing Pakistan Penal Code is insufficient to deal with such cases, speakers at a seminar said on Thursday.The seminar on the promotion of the Code of Conduct on Gender Justice at the Workplace was jointly organised by the International Labour Organisation (ILO) and a network of nine non-government organisations called the Alliance Against Sexual Harassment at the Work Place (AASHA) to mark International Womens Day.

PREVALENCE IN PAKISTAN

It is believed by many that women are one of the most beautiful creations of God. They are sometimes referred to as the fair sex for some of the qualities that are often attributed to them: beauty, politeness, modesty, and kindheartedness. But does this title also insinuate that they deserve unfair treatment? I am writing this article in the context of Pakistani society as the problems in Western society stem from completely different roots. The Pakistani nation is founded on the principles of Islam and its citizens are expected to follow Prophet Muhammad's (PBUH) example. The Prophet (PBUH) used to lay his shawl on the floor as a gesture of respect for ladies. Thus I fail to understand why the majority of Pakistani men have forgotten the moralteachings of their religion. God encourages both men and women to acquire knowledge but Pakistani women tend to face many difficulties while trying to follow this specific injunction given in the Holy Qur'an. What are these difficulties? Many girls and young women -- those who wish to seek an education, who wish to help their parents and husbands to provide for the family, and who would like to become a good role model for upcoming generations -- face humiliation as soon as they leave their doorstep.

As they begin their journey from their home to their place of work or study, the barrage of lewd remarks, demeaning comments, whistles and cheap songs follow them until they reach their destination. The public buses provide a very good opportunity to deprivedmen to harass women traveling alone by ogling, pushing and passing rude remarks. And what happens at their destination? It is true that most educational institutions in Pakistanprovide a good, clean atmosphere to all of its students, regardless of their gender.

At the pre-university level, not many problems exist in this regard as most of the schools do not allow co-education and teachers are almost always the same gender as the students. However, at the level of colleges and universities, the situation may be different. I am not speaking of my own experience and observation but of incidents I have learned of where female students are "given extra credit for visiting a male teacher's office". Although very few teachers can be accused of such a crime, it is saddening to even hear of a single such occurrence as Pakistanis supposed to be an Islamic Republic. Every male teacher should feel that it is his duty to be a an inspiring human being, leader and guide. There should be no other relation between the student and the teacher. As for the work place, women are harassed in other ways. Women are treated like second-class citizens who are believed to be ornaments in the office to enhance the working atmosphere by making it more "colorful" and "enjoyable". Manywomen feel that it is difficult to counter this objectionable behavior because it may mean losing a job that is helping her family survive. Thus, many women endure the harassment and never speak out. Such misconduct has several harmful effects on women. They suffer from depression, mood changes, reluctance to work closely with co-workers, loss of self esteem, feeling of guilt, isolation and powerlessness. Everyone has the right to work and learn in an environment free of discrimination. Every lady workerwants to work in a professional environment where she can show her talents but the mental pollutionof male colleagues forces them to leave their jobs or tolerate inappropriate behavior. The incidents of sexual harassment are not only witnessed in educational institutions and offices but they can be seen everywhere -- on streets, shopping centres, public places and so on. No girl or woman can think of going alone in a crowded public place. Inappropriate remarks and cat calling often make women feel as if they are a commodityrather than a human being. I wonder if these men remember that it was a woman who has brought them to this world and it is a woman who is said to have heaven under her feet?

PUBLIC ATTITUDE

Sexual Harassment at SmithKline Beecham

By Asma Siddiqi

When is sexual harassment at workplace not harassment? When the management thinks so! That seems to be the case as far as SmithKline Beecham; one of the largest multinational pharmaceutical companies is concerned. This is evident from the company's unfair handling of my complaint of sexual harassment, against a male member of the higher management in its Pakistan office.As an employee of the company, I lodged a complaint of sexual harassment in 1996 against my supervisor, Abdul Quadir Molvi who was the marketing services manager. He had been harassing me, and a couple of days before my annual performance appraisal had asked me to give him Rs. 30,000 (about US513.42€ which was more than my monthly salary) as a loan. I did not give him the money, which upset him.Quadir Molvi continued his disgusting behaviour, making lewd remarks, telling dirty jokes in my presence, invading my personal space and touching me unnecessarily. Several of my female colleagues told me that they had been suffering Molvi's unwelcome sexual advances. One of them told me that she had asker for transfer from his department. I found that throughout the company, Molvi had the reputation of being a lecher.This is a long one ultimately the end of this initiative is:I was told that after my dismissal the Marketing Director told his collogues that he had to fire me because I was mad. One of my supervisor's witnesses went to the extent of contracting my former journalist collogues in Karachi and tried to defame me.I suffered tremendously during and after the ordeal but have no intension of giving up. My experience shoes why incidents of sexual harassment are not reported. The threat of ridicule, intimidation and termination is used in keeping women from coming forward. Those who do,pay dearly, not only in terms of career loss but also emotional trauma and stress. The John Squires referred to in this article is NOT the Acting Managing Editor of the Human Rights defender, nor is he related to him in any way- Editor, HRD.CAUSESThe main causes of sexual harassment especially in Pakistanis the double crossed clulture. It is basically the outcome of the so called amalgamation of Eastern and Western modernization. On the other side, Pakistani society is basically very congested and narrow minded in the sense of giving respect to others, and also, according to Sigmund Fraud, every positive and negative attract each other at any cost. It is only the feelings which is given the child at early ages that these are the persons which are named as your brother, sister, father and mother and you are not supposed to be like that with them.CONSEQUENCESin its consequences, greater the sexual harassment in the work places in Pakistan, the minimum number of women come outside the houses for work. And after that ultimately more than the half of the Pakistani population (constitutes women)will confine themselves to the walls and half of the population will be just to feed the rest one. And resultantly, there is no way to make progress.SUGGESTION TO IMPROVE THE CONDITIONSWriting a Letter to the Perpetrator:The letter consists of three parts: Describe what happened in a very factual manner. Describe how you feel about the incidents in non-evaluative words such as "I am very upset with this behavior. I find it offensive." Say what you want to have happen next: "I want this behavior to stop at once." "I want to be treated in a professional manner, the way every employee [or student] has a right to be treated." Sending the letter by certified mail, return receipt requested, should impress the recipient that this is an important letter. Should the harassment continue, the receipt and the letter can be used as evidence that sexual harassment existed and that you took steps to inform the perpetrator that the behavior was unwelcome. Keep a copy for yourself, but dont send a copy to anyone else. The letter works best if it is a private communication. The letter is successful about 90 percent to 95 percent of the time. Most of the time the harasser says nothing but stops the behavior. Once in a while the harasser wants to apologize or explain, but it is best not to get into a discussion of the behavior but to simply say, "I don't want to discuss it, I just want the behavior to stop." Talk to others. Youare probably not the only one who is being harassed by this person. Virtually all harassers are serial harassers; their behavior with you is not likely to have been an isolated incident. Read your institution's policy, brochures, and any other materials it publishes on sexual harassment. This may help you understand more about sexual harassment as well as helping you decide whether to use the institution's resources to deal with the sexual harassment. Send a copy of the institution's policy or other materials regarding sexual harassment to the person who is making you uncomfortable, underlining the appropriate sections. If you do not want to send it under your name, often a women's group will send it saying that they thought it might be of interest to theperson. Talk to your union representative if you are a member of a union:Laughing at the harasser's behavior, joking back at the harasser, or initiating sexual joking or a sexual discussion is rarely successful in stopping sexual harassment, because the harasser does not recognize that the behavior he is engaging in is not welcomed by the woman, so continues his behavior.Don't just ignore it in the hope that it will go away. It won't. When people ignore sexual harassment it often is interpreted as a sign of approval "She didn't say anything so she must really like it."