Sexual Harassment Policy

POLICY BRIEF & PURPOSE

Our sexual harassment policy aims to protect everyone in our company from unwanted sexual advances and give them guidelines to report incidents. This policy delineates how we handle complaints, punish sexual harassment offenders, and help victims recover.

We will not tolerate sexual harassment in our workplace in any shape or form. Our culture is based on mutual respect and collaboration. Sexual harassment is a serious violation of those principles.

SCOPE

This policy applies to every person in our company regardless of gender, sexual orientation, level, function, seniority, status, or other protected characteristics. We are all obliged to comply with this policy.

We will not tolerate sexual harassment from inside or outside of the company. Employees, investors, contractors, partners, suppliers, customers, and everyone interacting with our company are covered by this policy. For further details about how we deal with harassment from outside of our company, please refer to our Third-party Harassment Policy.

PURPOSE

The specific purpose of this policy is to:

Provide an environment free of gender-based discrimination.
Deal with cases of sexual harassment in a time-bound manner, aiming at ensuring support services to those affected, termination of the harassment, and execution of disciplinary action against the perpetrator.
Evolve a permanent mechanism for the prevention and prohibition of sexual harassment cases and other acts of gender-based violence.
Ensure the implementation of the policy through proper reporting of complaints and their follow-up procedures.
Create awareness about sexual harassment in its various forms so that everyone is deterred from being involved in acts of discrimination and harassment.

POLICY ELEMENTS

What is sexual harassment?

Sexual harassment has many forms of variable seriousness. Sexual harassment means unwanted conduct with sexual undertones that is persistent and which demeans, humiliates, or creates a hostile and intimidating environment, or is calculated to induce submission by actual or threatened adverse consequences. It includes any one or more of the following unwelcome acts or behaviors, whether directly or by implication:

Any unwelcome physical, verbal, or non-verbal conduct of a sexual nature, or demand or request for sexual favors.
Insinuating, proposing, or demanding sexual favors of any kind.
Invading another person’s personal space (e.g., inappropriate touching).
Stalking, intimidating, coercing, or threatening another person to get them to engage in sexual acts, or sending or displaying sexually explicit objects, messages, or pornography.
Making sexually colored remarks, or commenting on someone’s looks, dress, sexuality, or gender in a derogatory or objectifying manner or in a manner that makes them uncomfortable.
Making obscene comments, jokes, or gestures that humiliate or offend someone.
Pursuing or flirting with another person persistently without their willing participation.
Physical contact and advances.
Implied or explicit promise of preferential treatment as quid pro quo for sexual favors.
Implied or explicit threat of detrimental treatment in the conduct of work.
Implied or explicit threat about the present or future status of the person concerned.
Creating an intimidating, offensive, or hostile working environment.
Humiliating treatment likely to affect the health, safety, dignity, or physical integrity of the person concerned.

Flirting with someone at an inappropriate time (e.g., in a team meeting) is considered sexual harassment, even when those advances would have been welcome in a different setting. This is because such actions can harm a person’s professional reputation and expose them to further harassment. The most extreme form of sexual harassment is sexual assault. This is a serious crime, and our company will support employees who want to press charges against offenders.

OUR COMPANY’S RULES ON SEXUAL HARASSMENT

No one has the right to sexually harass our employees. Any person in our company who is found guilty of serious harassment will be terminated, irrespective of their seniority in the organization. Also, if representatives of our contractors or vendors sexually harass our employees, we will demand that the company they work for takes disciplinary action and/or refuse to work with that person in the future.
Sexual harassment is never too minor to be dealt with. Any kind of harassment can wear down employees and create a hostile workplace. We will hear every claim and punish offenders appropriately.
Sexual harassment is about how we make others feel. Many do not consider behaviors like flirting or sexual comments to be sexual harassment, thinking they are too innocent to be labeled that way. But if something you do makes your colleagues uncomfortable or makes them feel unsafe, you must stop.
We assume every sexual harassment claim is legitimate unless proven otherwise. We listen to victims of sexual harassment and always conduct our investigations properly. Occasional false reports do not undermine this principle.
We will not allow further victimization of harassed employees. We will fully support employees who were sexually harassed and will not take any adverse action against them. For example, we will not move them to positions with worse pay or benefits or allow others to retaliate against them.
Those who support or overlook sexual harassment are as much at fault as offenders. Managers and HR are especially obliged to prevent sexual harassment and act when they have suspicions or receive reports. Letting this behavior go on or encouraging it will bring about disciplinary action. Anyone who witnesses an incident of sexual harassment or has other kinds of proof should report to HR.

HOW TO REPORT SEXUAL HARASSMENT

If you are being sexually harassed (or suspect another person is being harassed), please report it to your HR manager or your manager. In serious cases like sexual assault, please call the police and inform HR that you plan to press charges. We acknowledge it is often hard to come forward about these issues, but we need your help to build a fair and safe workplace for you and your colleagues.

If you want to report sexual harassment within our company, there are two options:

Ask for an urgent meeting with HR or your immediate manager. Once in the meeting, explain the situation in as much detail as possible. If you have any hard evidence (e.g., emails), forward it or bring it with you to the meeting.
Send your complaint via email. If you address your email to your manager, please copy HR and attach any evidence or information that can be used in the investigation. HR and your manager will discuss the issue and contact you as soon as possible.

If you report assault to the police, Boomitra will provide any possible support until the matter is resolved. In any case, we will ensure you are not victimized and that you have access to relevant evidence admissible in court, such as security video footage or emails, without revealing confidential information about other employees.

INVESTIGATION

Investigation Committee: As soon as the report is registered with HR, a committee will be constituted to investigate the case. The quorum of the committee will be 3. If the complainant is female, the committee will necessarily include two female employees, one of whom will be the presiding officer.

Confidentiality: The entire investigation, including reports and meetings, will be kept strictly confidential. The accused party will also be given a chance to present their perspective.

Completion Timeline: The committee will submit their investigation report in confidence and in writing to HR within 30 days from the date first reported.

Recommended Actions: The committee will not only report findings but also recommend actions to be taken. Based on the committee’s recommendations, HR will discuss the same with the COO and initiate the following actions: a) to safeguard the aggrieved, b) to punish the perpetrator, and c) to prevent future incidents.

INADVERTENT HARASSMENT

Sometimes, people who harass others do not realize that their behavior is wrong. We understand this is possible, but that does not make the perpetrator any less responsible for their actions.

If you suspect that someone does not realize their behavior constitutes sexual harassment under the definition of this policy, let them know and ask them to stop. Do so preferably via email so you have records. Please do not use this approach when:

Your manager, an upper manager, investor, or customer is the perpetrator.
The sexual harassment goes beyond the boundaries of off-hand comments, flirting, or jokes.

In the above cases, report to HR as soon as possible.

DISCIPLINARY ACTION AND REPEAT OFFENDERS

Employees who are found guilty of sexual assault will be terminated after the first complaint and investigation. Employees who are found guilty of sexual harassment (but not assault) the first time may:

Be reprimanded and fined.
Receive a “below expectations” performance review.
Have expected promotions and/or salary increases frozen for a period of one year.

We may also transfer harassers or take other appropriate action to protect their victims. We will terminate repeat offenders after the second claim against them if our investigation concludes they are indeed guilty.

We apply these disciplinary actions uniformly. Employees of any sexual orientation or other protected characteristics will be penalized the same way for the same offenses.

HR AND MANAGERS’ RESPONSIBILITIES

First and foremost, HR and managers should try to prevent sexual harassment by building a culture of respect and trust. When sexual harassment occurs and an employee makes a complaint, both HR and managers must act immediately. Managers should talk to HR and explain our company’s procedures to the team member who made the complaint.

When HR receives a complaint about harassment they will:

Ask for as many details and as much information as possible from the person(s) making the complaint.
Keep copies of the report with dates, times, and details of incidents and any possible evidence in a confidential file, separate from the personnel file. HR should update this file with all future actions and conversations regarding the complaint.
Launch an investigation as described above.
Check if there have been similar reports about the same person. If there are, HR should contact the perpetrator’s manager to inform them that their team member may be dismissed when the investigation concludes.
Inform the harassed employee of our company’s procedures and their options to take legal action, if appropriate.
Take into account the wishes of the harassed employee. Some may want the matter resolved informally and discreetly, while others may expect more decisive action such as transferring the perpetrator or termination. HR should consider the circumstances and decide on appropriate action, which may include:
- Contacting the harasser and setting up a meeting to explain the complaint and explicitly asking for the behavior to stop.
- Arranging mediation sessions between the two parties to resolve the issue, if the harassed employee agrees.
- Launching a disciplinary process depending on the severity of the harassment. In cases of sexual assault or coercing someone to sexual favors under threats, we will terminate the harasser immediately. We will also terminate employees who are found guilty in a court of law of sexually assaulting another employee, even if HR has not conducted its own investigation.

HR and managers must not, under any circumstances, blame the victim, conceal a report, or discourage employees from reporting sexual harassment. If HR or a manager behaves that way, please send an email to their own manager or a senior HR leader or COO explaining the situation.

HR will create awareness about what constitutes sexual harassment, including hostility and quid pro quo harassment. We welcome any feedback or complaints about our procedures and how our employees handled each case.

HELPING HARASSMENT VICTIMS

Apart from investigating claims and holding perpetrators accountable, we want to support the victims of sexual harassment. If you experience trauma, stress, or other symptoms because of harassment, consider:

Taking a few days of sick leave to restore your mental health.
Asking HR to check if medical insurance covers mental health services.
Talking to our EAP (Employee Assistance Program) Officer to evaluate options.
Speaking to our designated counselors.

Your job and benefits will not be jeopardized or altered if you choose any of those options or other means to recovery.

SPEAK UP, WE LISTEN

Sexual harassment can exhaust those who endure it. Speaking up about this issue is often tough for fear of not being heard, upsetting managers, and challenging corporate culture.

Please do not let these fears deter you. Boomitra will do everything possible to stop sexual harassment and any other kind of harassment from happening, while supporting harassed employees. We need to know what is going on so we can act on it. By raising your voice on this issue, you help our company create a happy workplace and thrive.