← All questionsGS4 · 2019 · Case Studies — Private Sector ·Settlement Offer in a Harassment Case (Case)
QUESTION 9
GS4
20 marks

An apparel manufacturing company having a large number of women employees was losing sales due to various factors. The company hired a reputed marketing executive, who increased the volume of sales within a short span of time. However, some unconfirmed reports came up regarding his indulgence in sexual harassment at the workplace. After sometime a women employee launched a formal complaint to the management against the marketing executive about sexually harassing her. Faced with the companies’ indifference, in not taking cognizance of her grievances, she lodged an FIR with the police. Realizing the sensitivity and gravity of the situation, the company called the women employee to negotiate. In that she was offered a hefty sum of money to withdraw the complaint and the FIR and also give in writing that the marketing executive is not involved in the case. Identify the ethical issues involved in this case. What options are available to the women employee?

WRITE IN
14 min
250 words

What the examiner wants

An employee who filed a harassment complaint is offered money to withdraw. Identify issues and her options.

Case studyName the stakeholders and the issues, weigh the options, and say what you would do and why.

Demand-wise check

  1. 1Issues: dignity and safety at work, institutional cover-up, bribery to obstruct justice, power imbalance, effect on other women≈50 words
  2. 2Options: accept money and withdraw; refuse and continue; negotiate settlement with admission; go public≈50 words
  3. 3Evaluation: refusing and pursuing through ICC and FIR upholds justice; seek support from women's commission and NGOs≈50 words
  4. 4Company's duty under POSH≈50 words

Open in about 30 words and close in about 30.

Answer plan

FactsIssuesOptions with evaluationRecommended pathConclusion

Where marks usually go

  • Advising her to accept money
  • Ignoring the company's legal duty

Draw this

  • Option table: accept money / refuse and pursue ICC+FIR / negotiated settlement / go public, with pros, cons, ethical verdict

Value addition

  • LawPOSH Act, 2013 Section 10 allows conciliation only at the woman's request and bars monetary settlement as its basis.POSH Act 2013
  • LawOffering money to make a witness withdraw a complaint can amount to criminal intimidation or inducement under the BNS.Bharatiya Nyaya Sanhita, 2023

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