You are the Executive Director of an upcoming Infotech Company which is making a name for itself in the market. Mr. A, who is a star performer, is heading the marketing team. In a short period of one year, he has helped in doubling the revenues as well as creating a high brand equity for the Company so much so that you are thinking of promoting him. However, you have been receiving information from many corners about his attitude towards the female colleagues; particularly his habit of making loose comments on women. In addition, he regularly sends indecent SMS’s to all the team members including his female colleagues. One day, late in the evening, Mrs. X, who is one of Mr. A’s team members, comes to you visibly disturbed. She complains against the continued misconduct of Mr. A, who has been making undesirable advances towards her and has even tried to touch her inappropriately in his cabin. She tenders her resignation and leaves your office. (a) What are the options available to you? (b) Evaluate each of these options and choose the option you would adopt, giving reasons.

Facts

As Executive Director I face a serious sexual-harassment complaint by Mrs. X against Mr. A, a star performer who doubled revenues but has a pattern of loose comments, indecent SMSs and now an alleged inappropriate physical advance. Mrs. X has resigned in distress. His performance tempts leniency; her dignity and the law demand action.

Stakeholders

• Mrs. X and other female employees — their dignity, safety and right to a harassment-free workplace.
• Mr. A — right to due process and a fair hearing.
• The company — its culture, reputation and legal compliance.

Ethical issues

• Dignity and safety of women versus tolerating misconduct for business gain.
• Justice and due process versus summary action.
• Employer's legal and moral duty to provide a safe workplace.

(a) Options available

• (i) Ignore/overlook it given his performance.
• (ii) Summarily dismiss Mr. A.
• (iii) Refuse the resignation, support Mrs. X, and refer the matter to the Internal Complaints Committee for due inquiry and action.

(b) Evaluation

• (i) Ignore: rewards a predator, violates the law and betrays every woman employee — unacceptable.
• (ii) Summary dismissal: well-intentioned but denies natural justice and may not survive legal scrutiny.
• (iii) Due process via the ICC: just, lawful and protective of the victim while fair to the accused.

Recommended course of action

I will choose (iii). I will first counsel Mrs. X to withdraw her resignation, assure her safety and protection from retaliation, and treat her complaint as a formal one before the Internal Complaints Committee mandated by the Sexual Harassment of Women at Workplace (POSH) Act, 2013. Mr. A will face a fair inquiry and, if found guilty, strict disciplinary action regardless of his performance — promotion is out of the question. I will also institute POSH training and a clear anti-harassment policy. No amount of business brilliance can license the violation of a colleague's dignity.