#WeTwo: 'He was way senior. I was silenced. He is still there.'

New Delhi: In a bid to create equal workplaces free of harassment, we present real cases from the worlds of advertising, media and marketing, with constructive expert analysis for a better way forward. 

Why #WeTwo?:

• To educate people that certain behaviours are inappropriate and may offend others.

• To deter repeat offenders / predators.

• To give a voice to the survivors. 

• To spotlight real, current submissions / situations, and get expert opinions.

• To analyse what the survivor should / could have done, what the organisation should have done, and what needs to be done to prevent such a situation from recurring.

In the first of this series, Turmeric Consulting’s Roopa Badrinath, Founder and CEO, Turmeric Consulting, reflects on one such recent instance of alleged sexual harassment in an ad agency with a national presence.

The survivor’s voice: 

“He would slide his hand down my back, hug me close at every opportunity and let his hands linger all over me. I was uncomfortable and gave him clear hints, but he just carried on. He was way senior and would insist on taking me alone to client meetings, in his car or a cab. When I complained to HR, some seniors (women) counselled me informally and got me a higher-paying client servicing job at another agency, in another city. I was asked to resign and had to sign off that everything was well during my stint as part of the exit process. I have been silenced. He’s still there.”

This happened at a large ad agency in a metro. Is this a relatively common issue faced by women? Is it more so in advertising?

Roopa Badrinath: Sexual harassment in the workplace is not limited to the advertising industry but is a widespread issue across various sectors. According to a report in Aug 2024 in The Economic Times, complaints of sexual harassment in India Inc. increased by 31% in the last financial year, highlighting that this problem persists across industries.

A recent report by the Centre for Economic Data & Analysis (CEDA) in May 2024 further revealed that cases in the top 300 NSE-listed companies have consistently risen over the years. This points to a long-standing issue where women have faced harassment but are now increasingly empowered to voice their experiences.

While it is difficult to state with empirical certainty whether sexual harassment is more prevalent in advertising than other sectors, the industry's unique dynamics can create conditions where harassment might occur.

Advertising often prides itself on a 'liberal' culture that encourages creativity and informality. While this freedom is essential for the flow of ideas, when boundaries become blurred, it can unfortunately open doors to inappropriate behaviour, as seen in this case. Power and privilege imbalances, casual environments, and work-related social events may make it easier for predators to exploit their positional authority.

Inappropriate language often passed off as 'harmless banter,' can make women deeply uncomfortable. While this may not be the intent, it objectifies them and perpetuates a culture of sexism.

Recognising this risk, the industry has begun taking steps to address the issue. For example, at Cannes Lions 2024, the 'Celebrating Safely at Cannes' guide was launched to educate employers and attendees on how to create harassment-free environments at industry events. This reflects a growing awareness of the need for safer spaces, but this shift should extend beyond conferences and into everyday workplace culture.

What more do you think the survivor could have done, besides "giving strong hints"?

Roopa Badrinath: It is crucial to acknowledge the deep-rooted social conditioning women experience, particularly around gender modesty norms. This often leads to self-doubt, where women may question whether they inadvertently invited inappropriate behaviour.

In most cases, by the time a woman musters the courage to report harassment to the Internal Committee (IC), she has likely spent significant time deliberating, especially if the respondent holds a position of power and influence in the organisation. In this instance, the aggrieved woman may have been concerned about the impact a formal complaint would have on her career, given the harasser’s seniority in the organisation.

Psychological safety plays a critical role in such situations. If the workplace doesn’t foster an environment where employees feel safe to speak up, aggrieved women may hesitate to come forward.

While it's uncertain how safe she felt within the organisation, based on its size (more than 10 employees), the agency should have had an IC in compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, also popularly referred to as the POSH Act. 

The aggrieved woman could have formally approached the Presiding Officer of the IC, any IC member, or the external member to file a written complaint. The IC holds the authority of a civil court and is obligated to inquire into complaints and file annual returns to the district officer and a report to the company board on the POSH compliance.

However, in situations where the aggrieved woman may not feel confident enough to approach the IC directly, seeking the support of a trusted colleague or confidant could have helped. This person could assist in navigating the process and ensuring that the woman’s voice was heard. I am assuming the company had fully implemented the POSH Act by ensuring employees were aware of its zero-tolerance policy towards sexual harassment and had published the names and contact details of its IC members.

Ultimately, the onus should never fall entirely on the survivor. Organisations must ensure they foster a culture where victims of harassment feel psychologically safe, supported, and empowered to speak up without fear of repercussions.

She was told that there would be no point in raising a formal complaint as such physical proximity may be claimed as harmless expression of affection that has been misunderstood. It was referred to as a "non-serious" complaint in conversations with the survivor. Was that inappropriate or was that the pragmatic route to take?

Roopa Badrinath: The POSH Act defines sexual harassment as any ‘unwelcome’ acts or behaviours, including physical contact and advances, demands or requests for sexual favours, sexually coloured remarks, and other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The key term here is ‘unwelcome’.

When a woman explicitly states that she was uncomfortable or felt violated by someone’s behaviour, it is the duty of the organisation to take it seriously, regardless of how harmless others may perceive the actions to be.

In this case, the senior women who dismissed the complaint as "non-serious" did not do the right thing. Regardless of their personal interpretation, they should have referred the matter to the Internal Complaints Committee (IC), especially if they lacked proper training in handling sexual harassment cases.

We must give women credit for their ability to distinguish between harmless expressions of affection and conduct that crosses the line into harassment. The assumption that something is non-serious simply because it appears that way to outsiders undermines the victim’s experience and can perpetuate harmful workplace dynamics.

A crucial rule to follow is: no complaint should be considered "non-serious" until there is evidence to the contrary. The law provides for informal resolution through conciliation if the aggrieved woman wishes to pursue that option, but the organisation cannot pressure her to take this route. 

Did the organisation handle it right? Is hushing up of such supposedly "non-serious" complaints a common practice?

Roopa Badrinath: The organisation's handling of this situation was inadequate and deeply concerning. By dismissing the complaint as ‘non-serious’ and pressuring the aggrieved woman to resign quietly, the organisation failed in its duty – both legally and ethically. The decision to ‘hush up’ a complaint undermines the spirit of the law and the aggrieved woman’s right to a safe, dignified workplace.

As a Diversity, Equity, Inclusion (DEI) practitioner, all that I can say is that hushing up complaints like this is not just about a legal risk as it violates the POSH Act but also perpetuates a toxic culture where perpetrators of harassment go unpunished, and victims are silenced. 

Unfortunately, this practice may not be as uncommon. When the harassers are powerful or occupy roles where they hold senior client relationships or revenue generation, organisations may buckle under pressure and take a short-sighted view of the issue in the interest of protecting revenues and the perceived negative publicity. They do not realise that by conducting a fair inquiry based on principles of natural justice, they are winning the trust and confidence of current and prospective employees and clients.

What should the organisation do now, to address the accused's behaviour and to prevent recurrence of such a situation?

Roopa Badrinath: Even though the aggrieved woman is no longer with the company, the organisation still has a responsibility to take corrective action. The first step is to ensure that an Internal Complaints Committee (IC) is in place, as mandated by the POSH Act. If it’s not, this needs to be addressed immediately. Training should also be conducted for all IC members to ensure they are equipped to handle complaints with care and compassion. 

All employees should be trained on sexual harassment. Even though she may not wish to re-engage, the organisation can reach out to the aggrieved woman to see if she would like to file a formal written complaint. If she does, the IC should inquire into the complaint. 

If she prefers not to file a formal complaint, the company should still conduct an internal review of the harasser’s behaviour, especially to check for any other complaints. Should evidence of misconduct surface, the organisation must act in accordance with company policies and employment contracts to initiate appropriate disciplinary measures, which could include suspension or termination for cause. 

Beyond this specific case, the organisation should reinforce a culture of zero tolerance by continued awareness, regular communication on the consequences of harassment, and ensuring employees know how to access the IC for any future complaints. These efforts will contribute to preventing the recurrence of such incidents.

About #WeTwo

• #WeTwo will not name the survivor or accused, or their organisations, without the written permission of the survivor. 

• Where individuals / organisations are named, we will invite all sides of the story – survivor, accused and that of the organisation.

• We will not shame the survivors or assume guilt.

• We will attempt to verify claims made through multiple sources. Cases that are deemed plausible / commonplace will take precedence, guided by a panel of women professionals and industry leaders.

• #WeTwo will be gender-agnostic and speak up for all sides, including alleged cases of "false sexual harassment complaints" that cost career growth. 

• #WeTwo will also guide survivors or organisations that seek help towards professionals for psychological / legal / HR counsel.

#WeTwo welcomes partnerships for the cause of creating equal workplaces by amplifying the voices of survivors. We, together, need to speak up. Write in to: speakup@wetwocan.com. 

Up next on #WeTwo: Dr. Sujaya Banerjee, CEO, Capstone People Consulting