FOR AWAMISTAN

6 APRIL 2025

BREAKING THE
SILENCE ON
WORKPLACE
HARASSMENT
Identify, Prevent & Take Action Against
Workplace Harassment

Presented by Nida Usman Chaudhary

LL.B (Hons), LL.M (Law & Development) London
 Activity
My First Job
Responses: Responses:
1. 1.
A safe and harassment free work environment is inherent in the fundamental right to dignity under
Article 14 of the Constitution of Pakistan
-(Raja Tanveer Safdar v Tehmina Yasmeen & Others SC 2024) (i) Respectability, (ii) Acceptability, (iii) Inclusivity, (iv) Safety, and (v) Equitability are
prerequisites for a safe and dignified workspace.

Source: https://medium.com/@megansaxelby/dignity-a-framework-to-transform-school-culture-b50a7ace9ec7
 Dignity: The inherent value and worth of a person, which should be respected regardless of their actions, status, or circumstances. Dignity is
something that everyone inherently possesses, and it cannot be taken away, even if they are treated poorly.

Respect: A recognition and consideration of another person's feelings, wishes, rights, and traditions. Respect involves actions and behaviour
toward others that reflect their value, but it is earned through their actions or behavior. It can be given or withheld based on how someone acts.

Activity: "Respect vs. Dignity - Understanding the Difference"

Identify whether the scenario demonstrates "respect," "dignity," or both, and explain why.

Example Scenarios:
1. Scenario 1: A manager listens attentively when a team member shares a
personal challenge but doesn’t interrupt or judge them.
2. Scenario 2: A worker is promoted to a higher position because of their hard
work, but they are constantly overlooked in meetings and their opinions are
ignored.
3. Scenario 3: An employee is treated with politeness but is constantly given
repetitive, menial tasks that don’t align with their skills or aspirations.
4. Scenario 4: An employee is reprimanded for poor performance, but the
feedback is given respectfully and with clear guidance for improvement.
 CASE STUDIES
A Christian nurse in a A lawyer in a law firm in A Group Head Business was
government hospital in Quetta Islamabad had to quit her job forced to resign after she
had to apologise to her senior after receiving several complained about two directors
who had threatened to have her - (whistleblower complaint). Not
comments on her looks and
transferred to a remote facility only was she forced to resign,
the way she dressed over
for refusing to comply with his she was also subjected to
request for relationship to save whatsapp and in-person at repeated retaliatory actions
her job because she could not office from her boss along including denial of payments for
leave her family behind who with other requests for 20+ years of service. She filed a
were dependent on her. meeting outside work. complaint with FOSPAH.

Frequent cases come from Universities, Medical, Media & Banking Sectors
although, harassment exists in informal & other sectors as well.
Q1. WHAT WAS THE NATURE OF HARASSMENT FACED IN EACH STORY? (E.G. VERBAL, PHYSICAL, DIGITAL?)
Q2. WHY DID SOME WOMEN REPORT THE HARASSMENT AND OTHERS NOT?
Q3. DOES SEXUAL HARASSMENT IMPACT ALL VICTIMS IN THE SAME WAY?
 CASE STUDIES - REFLECTION
1. Sexual harassment takes many shapes
2. Sexual harassment exists in every workplace
3. The impact of sexual harassment is different depending on the situation of the
worker & the sources of support she may have.

For example:
Women often do not report harassment for fear of losing their jobs of what
people will say.
Women need a group they can share matters with.
Anyone can be a victim, their social status, class and position does not
necessarily safeguard them against such abuse.
Women fear social backlash and repercussions from home and family and may
suffer in silence because of this.
Women need to document the harassment best they can to take forward a
complaint.
There is a law on sexual harassment and all employers are obliged to follow the
law and we are here to learn more about this law.
WHAT IS HARASSMENT UNDER
THE 2010 LAW?
According to Section 2 (h)of 2010 law, “harassment” means:
• any unwelcome sexual advance,
• request for sexual favors or
• other verbal or written communication or
physical conduct of a sexual nature or
• sexually demeaning attitudes
(gender based discrimination - see Nadia Naz Review 2023),

causing interference with:

• work performance or
• creating an intimidating, hostile or
• offensive work environment, or
• the attempt to punish the complainant
for refusal to comply to such a request or
is made a condition for employment.
 WHAT IS HARASSMENT UNDER
THE 2010 LAW?
Section 2 (h) “harassment” causing interference with:
means: • work performance or
• any unwelcome sexual • creating an intimidating, hostile
advance, or
• request for sexual favors or • offensive work environment, or
• other verbal or written • the attempt to punish the
communication or physical complainant for refusal to comply
conduct of a sexual nature or to such a request or
• sexually demeaning attitudes is made a condition for
(gender based discrimination), employment.
 WHAT IS HARASSMENT UNDER
THE 2010 LAW?
TYPE MODE caused interference with:
work performance or
1. Sexual ‫جنسی‬ Verbal, creating an intimidating,
Physical, hostile or
2. Gender-Based (Sexually) ‫صنفی‬ Written or other offensive work environment,
Demeaning Attitudes Communication, or
Advance, the attempt to punish the
Conduct complainant for refusal to
Attitude comply to such a request or
Behaviour is made a condition for
employment.
3. Gender Based Discrimination
‫صنف کی بنیاد پر امتیاز‬

* Even if one woman faces gender based discrimination, it will be actionable - FOSPAH Amina Hassan V Sharjeel Shahid & Others
According to Section 2 (h)of 2010 law, “harassment” means:
WHAT IS
HARASSMENT
(a) any unwelcome sexual advance,
• request for sexual favors or
• other verbal or written communication or

UNDER THE
physical conduct of a sexual nature or
• sexually demeaning attitudes including any gestures or

2010 LAW?
expression conveying derogatory connotation
(gender based discrimination, degrade and demean a person by
exploitation, humiliation and hostility on the basis of his or her
gender) - Nadia Naz Review 2023),

causing interference with:

Gender-based discrimination can
• work performance or take many forms, from unfair
• creating an intimidating, hostile or dismissals and baseless performance
• offensive work environment, or reviews to obstructed career
• the attempt to punish the complainant
advancement, unequal pay,
for refusal to comply to such a request or
is made a condition for employment.
prejudicial mindset, limited benefits,
and biased decision-making -
(b) discrimination on basis of gender, which may or may not be
sexual in nature, but which may embody a discriminatory and
FOSPAH.
prejudicial mind set or notion, resulting in discriminatory behavior
on basis of gender against the complainant.
 What is sexual harassment under the law?
calling a woman ‘maal’ (object), ‘cheez’
(thing) or ‘piece’

Repeated calls or
inappropriate
messages

Unwanted Threats and/or

Physical Touch intimidation,
Asking for sexual favours, Ridicule and/or
contact, relationship
insults
What is sexual harassment under the law?

Photo Credit: ShirkatGah

RIGHTS & DUTIES
UNDER THE 2010 LAW
Activity:
What Rights & Duties are
there in the 2010 law?

Complainant | Accused | Employer

RIGHTS & DUTIES UNDER THE 2010 LAW

COMPLAINANT
RIGHTS & DUTIES UNDER THE 2010 LAW

ACCUSED
RIGHTS & DUTIES UNDER THE 2010 LAW

EMPLOYER
ROLE OF
COLLEAGUES IN
CREATING A SAFE
AND INCLUSIVE
WORK
ENVIRONMENT
 ROLE OF COLLEAGUES & OTHER
STAKEHOLDERS
‫۔‬
Colleagues Supervisors Unions
Awareness and Education: ‫آگاہی اور تعلیم‬ Create a Safe Environment: Advocate for Members:
‫محفوظ ماحول فراہم کریں‬ ‫ارکان کے مفادات کا دفاع کریں‬
Recognise Harassment ‫ہراسانی کی شناخت‬ Foster Open Communication Support Victims
Set Clear Expectations
Attend Trainings ‫ٹریننگز میں شرکت‬ Promote Awareness
Provide Training and Resources: ‫متاثرین کی مدد کریں‬
Support and Empowerment:
‫ٹریننگ اور دیگر وسائل فراہم کریں‬
‫تعاون اور خودمختاری‬
Conduct Training Negotiate Policies:
Offer Support Provide Resources ‫بہتر پالیسیوں کے لیے مذاکرات کریں‬
‫مدد کی پیشکش‬
Work with Management
Encourage Reporting Monitor and Act:
‫رویوں کا مشاہدہ اور ضروری اقدامات کریں‬ Ensure Fair Treatment
‫شکایت درج کرنے کی حوصلہ افزائی کریں‬
Observe Behaviour
‫منصفانہ سلوک کو یقینی بنائیں‬
Evidentiary Support ‫گواہی دیں‬ Take Immediate Action
 WHAT YOU NEED TO KNOW TO
SUPPORT
1. Types of Complaints that can be filed
2. Procedure of filing Complaint under the act
3. What all to include in the Complaint
4. Understanding what constitutes harassment
at the workplace under the law
5. Jurisdiction and timelines
6. How to maintain record and safeguard
evidence
7. Useful resources and external support
avenues
Informal Complaint
An informal complaint can be made to the supervisor or a member of
the Inquiry Committee orally or in writing by the complainant or a staff
member designated by the complainant.

The supervisor or the member of the Inquiry Committee may address

the issue at their discretion.

An informal approach to resolve a complaint of harassment may be

through mediation between the parties involved and by providing
advice and counselling on a strictly confidential basis.

The alleged accused will be approached with the intention of resolving

the matter in a confidential manner.
Contents of a Formal Complaint
A formal complaint must generally include:
Complainant’s name, designation, name of department/
organization, phone number,
Accused’s names, address and phone number.
Witnesses (if any) their names/designation, address.
Details of the incident (date wise in chronological order).
Audio/video evidence or text messages (if any).
Verification statement on oath that all information are
correct to the best of knowledge of the complainant.
 HOW TO FILE A COMPLAINT WITH THE
OMBUDSPERSON?
Key Points:
·A complaint form can be downloaded from the
Ombudsperson website.

·To register a complaint with the Ombudsperson, you can

either download the form, fill it out and submit a hard copy
directly to the office.

It is free - there is no fee to file a complaint here.

Jurisdiction: Transprovincial/Cause of Action

Approaching the Ombudsperson

‫۔‬
 HOW TO FILE A COMPLAINT WITH THE
OMBUDSPERSON?
It is important to say what happened in chronological order with as much detail
as possible and to give:
Your Personal Information, including:
oFull name
oDesignation
oPhone number
oDepartment name
oYour address (official and residential)
oA copy of your CNIC and appointment letter (if any)

Information of the accused person, including:

oName
oDesignation
oResidential or official address, and preferably his phone number

After the application is successfully completed and all the documents are
obtained, the complaint is officially registered with the office.
 HOW TO FILE A COMPLAINT WITH THE
OMBUDSPERSON?
Additional Documents

Once the application fulfills all the criteria, other certificates/supporting material may also be obtained
from the complainant, including:

1. Certificate for Adjustment (evidence or instances of either transfer or suspension of the accused
or other temporary actions that may already have been taken at the workplace for comfort of victim
against the accused during pendency of proceedings)
2. Evidence of Retaliation, if any (i.e. record of instances of any retaliatory measures that may have
been taken by the accused or the employer at the workplace in the aftermath of the internal
complaint)
3. Affidavit from the complainant stating that the inquiry regarding sexual harassment is not pending
at any other forum and the complainant wants to be heard at the office of the Ombudsperson.
4. Letter for provision of relevant document
 HOW TO MAINTAIN THE
RECORD AND SAFEGUARD
ANY EVIDENCE
HOW TO
MAINTAIN
THE RECORD
AND
SAFEGUARD
ANY
EVIDENCE
USEFUL RESOURCES & AVAILABLE SUPPORT

‫مفید اور موجودہ مددگار وسائل‬

USEFUL RESOURCES & AVAILABLE SUPPORT

‫۔‬

Helplines Centres Apps

‫مرکز‬ ‫ایپس‬
‫ہیلپ الئن‬

Internal Support Legal Assistance

‫اندرونی امداد‬ ‫قانونی معاونت‬
Some Take Home Messages:

• Victim can choose the forum to make

the complaint against sexual
harassment.
• Simultaneous complaints in two
forums should be avoided.
• Anonymous complaints cannot be
made.
A Short Video on KP Sexual Harassment Laws by SOC Films

https://www.youtube.com/watch?v=FbN6hVAyNTE
 THANK YOU FOR
LISTENING!
Reach out for any questions

LINKEDIN INSTA
www.linkedin.com/in/nida-usman-chaudhary-151b5444 @nidausmanchaudhary.official

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