Shades of Grey: An Ethical Dilemma

Abstract

This case refers to an ethical dilemma encountered by the Internal Committee (IC) of a manufacturing corporation in redressing a complaint of sexual harassment raised by an employee against another colleague. The stream of incidents brought to light during the proceedings of the IC brings out the challenges faced by any decision-making authority in figuring out whether an employee alleged with the misconduct of sexual harassment could be guilty in reality. The case thus throws open the question of whether an allegation of sexual harassment is always black-and-white or whether there is any tinge of grey in it.

Thank God; it’s raining at last!’ A frustrated and exhausted Neha told herself. The long, scorching summer day of Surat, the routine hustle and bustle as General Manager (HR) of Alpha Corporation Ltd. and a mentally exhausting meeting of the Prevention of Sexual Harassment (POSH) Committee together seemed to be taking their toll on Neha. Sitting in her office, Neha found some solace in the downpour, though the proceedings of an enquiry by POSH occupied her mind.

Ms Neha Sharma joined Alpha Corporation around 5 years ago, with over 10 years of corporate experience. The top management has duly acknowledged her efficiency and dedication and provided her with all the support to execute her responsibilities. Her no-nonsense attitude and ethical dealing with situations have been instrumental in Neha being nominated as the current Chairperson of the POSH Committee at the corporate headquarters of Alpha Corporation.

ABOUT THE COMPANY AND ITS POSH POLICY

Headquartered in the synthetic capital of India, Surat, in the State of Gujarat, Alpha Corporation Ltd. has earned its position in the textile industry, especially in the western part of India. Growing steadily ahead of a modest beginning in 1960 with a solitary manufacturing unit in Surat, Alpha is now an eminent manufacturer and supplier of knitting and weaving yarns. Its units in Surat, Pune, Bhavnagar and Kota churn out 500 metric tons of high-quality yarn daily. The workforce of Alpha Corporation has around 1,500 executives, 2,450 regular workers and over 1,000 contract labourers. This case is based on the corporate headquarters of Alpha Corporation at Surat.

Growth in the workforce has also witnessed a steady rise in the number of women joining the company, both on the shop floor and in the management cadre. Besides a strong focus on nurturing talent to have a quantifiable impact on the market indicators, Alpha Corporation has a zero-tolerance policy towards sexual harassment at work. The top management strongly believes in providing its female employees and workers with a safe work environment free from sexual harassment and intimidation. In compliance with Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (referred to as the POSH Act beyond this point), every office and manufacturing unit of Alpha has an Internal Committee (IC) in the name of POSH Committee dedicated to hearing and resolving sexual harassment complaints. Compliance with every provision of the POSH Act is done by the letter, and the Chairperson and members of the Committee are internally shuffled every 3 years as per the statutes.

THE MAIN CHARACTERS

The case revolves around a complaint of sexual harassment handled by the members of the Internal Committee of Alpha Corporation, headed by Ms Neha Sharma, General Manager (HR). There are five members of the Committee apart from the Chair. Out of them, only one is a male, Mr Ronit Patel, Director (Operations). The other internal members are Ms Ankita Desai, General Manager (Quality), Ms Tania Bhatnagar, Manager (Supply Chain) and Ms Payel Bhatt, Assistant General Manager (Finance). The external member of this committee is Ms Shreya Jain, who heads the NGO Aastha, located in Surat itself. Shreya is a prominent activist who fights for justice for women and their empowerment. All were nominated in 2022 for a period of up to 2 years.

The complainant is Ms Kavya Saxena, Deputy Manager (R&D), New Product Development (NPD) Department of Alpha Corporation. Her key responsibilities cover the development of man-made fibre, research on its application and conducting trials to test the product’s performance. She joined Alpha as a Management Trainee and has been with the company for 3 years.

Dr Rajeev Kumar, the accused in this case, is the Head of NPD. He looks after the innovation of new products—incremental and disruptive, improvement in performance and serviceability of existing products per market demands and identification and implementation of technology enhancement opportunities. Ms Kavya reports to Rajeev on matters related to new product development.

Dr Rajeev joined the company 10 years back when he was offered a position based on his 6-month-long internship with Alpha. Since then, there has been no looking back for Rajeev, as he continued to meet one target after the other. He is a high achiever with brilliant innovation skills. His pioneering work has raised Alpha’s high standards of scientific excellence and helped the company outrun its competition. Rajeev reports to Mr Ronit Patel, who never gets tired of praising him, even in informal corporate gatherings. Neha used to have numerous discussions with Rajeev, mostly centred on staffing requirements in his team and its incentive structure. While Neha would always dissuade him from hiring additional members on the grounds of cost, she did hold him in high esteem for his ability to argue logically and finally convince her. Often hailed as a tough nut to crack, Neha has even been criticized for letting Rajeev have what he wants regarding his team. Overall, Rajeev has been a rock star of Alpha, in its literal sense.

THE BACKDROP

Neha rushed inside her office to attend to her desk phone, which was ringing continuously. On her way, she noticed around fifteen missed calls on her mobile from Kavya’s number.

Neha: ‘Hi, Kavya, what’s up? How are you doing? Were you trying to reach my number? I was in the Change Management workshop; hence couldn’t take your call.’

Kavya: ‘Hi Neha, will you be in the office for some more time? I wanted to meet you for a while.’

Neha: ‘Yes, of course! Is everything fine? It is 6:00 pm now, and your shift ends at 5:00 pm. You are still in the office. It looks like Rajeev is making you slog!’

Neha was trying to strike up a lighthearted conversation after the daylong workshop. Kavya remained silent, then nervously said, ‘I was waiting for you. I went to your workstation, where I met Upasana, who told me about your workshop. She also stated that the workshop would stretch till 5:45 pm. Hence, I decided to stay back. Is it okay if I come to meet you now?’

Upasana Sharma joined Alpha as a management trainee 3 years back, along with Kavya, and currently works as an assistant manager (HR) under Neha. Neha now recalled Upasana mentioning that she found Kavya anxiously asking about her, which was entirely against her nature. It must have been a job offer that Kavya wanted to discuss, Neha thought. She was too tired to do a counselling session now. Reluctantly, she asked Kavya to meet her after 15 minutes. She badly needed a cup of coffee now.

Sipping on a cup of steaming hot coffee, Neha went back to the past, to her first interaction with Kavya during the campus drive at the Imperial Technology Institute. Neha smiled, remembering how she had to convince Rajeev to hire her. Rajeev felt Kavya was too ambitious to settle down for a job at a manufacturing unit in Surat. While thoughts were crossing her mind, the phone rang. It was Kavya who sounded in panic as she spoke, ‘Sorry, I know you are tired today. I also have something urgent to handle at home; I will meet you tomorrow. Good night!’ Neha felt agitated, but before she could react, Kavya hurriedly hung up. For the next three days, Kavya did not come for the interaction. Neha asked Upasana a couple of times and learned that Kavya had been absent from work since that day.

Three days later, it was around 4:00 pm when Neha was checking her emails. Upasana entered her office, closed the door carefully, sat before Neha, and asked softly, ‘Did Kavya call you?’

Neha: ‘No, why? What happened? I haven’t seen her for the last three days. Hope she is well!’

Upasana: ‘No, she isn’t well and needs your help.’

THE DILEMMA

The next 30 minutes were stunning for Neha; it was hard to believe what she had heard. Upasana repeated, ‘Kavya is not well’.

Sounding agitated, Neha said: ‘You have told me that already; what happened? The other day, her behaviour was bizarre. She made me wait and then informed me that she has some urgent work at home and cannot meet me.’

Upasana: ‘I know, she told me. She wanted to meet you but changed her mind at the last moment as she was scared.’

Neha: ‘Scared of what? Please don’t talk in riddles.’

Upasana: ‘The poor girl is in much pain. I went to meet her yesterday. She has bruises on her face and arms and has lost one tooth.’

Neha: ‘Oh! Has she met with any accident?’

Upasana remained silent momentarily, took a long breath, and started narrating: ‘Dr. Rajeev had beaten up Kavya. He has also warned her not to come to you; otherwise, she will face dire consequences.’

Neha: ‘What! I hope you are mindful of your words! You are talking about Dr. Rajeev Kumar! I have known him for years. He is among the most decent employees of Alpha when it comes to dealing with women.’

Upasana: ‘I know what exactly I am talking about. Kavya said she and Rajeev have been in a relationship for two years. Initially, it started with mentor-mentee interactions. Rajeev was always concerned about Kavya’s well-being, and Kavya enjoyed all the attention. Soon, the two grew closer, and when Rajeev reciprocated her feelings, she was on cloud nine.’

Neha: ‘Come on! Rajeev is married and has a kid.’

She has always known Rajeev as a loyal husband and a loving father.

Upasana: ‘Kavya told me everything yesterday. Soon after they started dating, Rajeev used to visit her house, and the two grew closer physically, though Kavya knew Rajeev’s marital status.’

Neha could comprehend that Rajeev took advantage of Kavya’s loneliness and physically exploited her; when Kavya asked him to marry her, he must have abused her verbally. Upasana continued, ‘Their terms were growing sour with each passing day. Kavya wanted to move on and even applied for a job. When Rajeev learned about this, he spoke to the R&D Head of that company and ensured she never got the offer. Rajeev assaulted Kavya a couple of times in the past as well. Whenever Kavya said that she would complain to HR, he pacified the situation by seeking an apology and promising that he would not be violent again.’

Upasana paused for a while. Neha could see the pain in her eyes; she was almost in tears.

Neha: ‘Why didn’t she complain? She knows our POSH Policy and how strict we are about these things in the company. Why is she holding back?’

Upasana: ‘Till a very long time, Kavya thought she could persuade Rajeev to marry her. She was also planning to speak to her family about him. But their relationship was not working for the last couple of months. A week back, Kavya threatened Rajeev that she would talk to you, secretly hoping that you could perhaps convince him. However, Rajeev thought she was trying to lodge a complaint against him under POSH. Last Tuesday, while Rajeev was out for the day to attend some conference, Kavya decided to speak to you and took your appointment. For some reason, Rajeev was back in the office at about the same time. Remember, you asked her to meet after fifteen minutes? Neha nodded.’

Upasana: ‘As she was about to leave her workstation to meet you, Rajeev appeared and asked her to meet him outside the office premises to discuss something urgent in private.’

Upasana continued: ‘Kavya left, and they had an altercation on the lane adjacent to our office. Rajeev started abusing Kavya, calling her names, and she felt extremely insulted and slapped him. In return, Rajeev punched Kavya in the face and broke her tooth. Kavya started bleeding through her mouth and nose. Out of panic, Rajeev took Kavya to a clinic, got her treated, and then dropped her back home.’

For a while, Neha was in a dilemma. Rajeev was a dear colleague, but she was also responsible for being Chairperson of the Internal Committee of Alpha. She understood the seriousness of the incident and knew this could ruin his career forever. She thought for a while and gently got up. She told Upasana, ‘Please advise Kavya to lodge a complaint of sexual harassment against Dr. Rajeev Kumar’.

THE PROCEEDINGS OF POSH

As per the policy, Kavya submitted six copies of her complaint to the IC of Alpha the following Monday. The complaint was elaborate, containing all relevant details of how Dr Rajeev Kumar had been sexually harassing her for the past 6 months. The other points she stated against Rajeev included their living-in status, his access to her HRIS and email account and how he manipulated her switching over to another job. She also specified the physical assault beyond the office premises as the last incident in which she was tormented, annexing the complaint with medical reports. Among the documents to be considered as proof, Kavya provided screenshots of her private conversations with Rajeev and the email approvals of work-from-home by Rajeev, which she claimed were given out of the way so that Rajeev could spend time with her away from the office.

Neha read the complaint multiple times, still reeling under shock. Within the next hour, she reached out to the other members, seeking their time for a quick internal discussion before proceeding with the enquiry. All the members agreed to have the first meeting on the Thursday of that week and summon Rajeev afterwards. A copy of the complaint was sent to Rajeev, asking him to respond within 10 days. Rajeev responded the following Monday, and the Committee decided to call him for an enquiry that Thursday (referred to as Day 1 here).

Day 1 of the Proceedings

Neha: ‘Dr Rajeev, we have received a written complaint against you from Kavya. The complaint states that you two were in a relationship and that you took advantage of your position and exploited her, compelling her to get into this relationship. She has shared screenshots of many of your conversations with her over the past several months, in which you have abused her and called her names. However, we give you an opportunity to present your version.’

Rajeev: ‘The documents are real, but the actual context of these conversations is somewhat convoluted in the complaint.’

Ankita Desai: ‘So, tell us what these documents meant? Let us hear from you; how did it all start?’

Rajeev: ‘Kavya was a bright newcomer. She was curious and sharp and always asked pertinent questions. I could see my younger version in her. She was alone and gave much time to her research. Initially, it started with casual conversations, but we soon realized we had much in common. We started spending time beyond work, usually at coffee shops, where we mostly talked about professional matters. Kavya shared her dreams, especially how she wants to hold a patent and make her name in R&D.’

Ankita: ‘Were you aware you were getting personal with a junior executive, which is against the company’s code of conduct?’

Rajeev: ‘Well, I didn’t see anything wrong in spending time; we were not into any relationship initially. Kavya looked up to me as a mentor. It was she who wanted to get into the relationship. Initially, I was not ready, but she pursued me, and I couldn’t resist beyond a point. It was my mistake; I accept!’

Payel Bhatt: ‘You mean she forced you into the relationship?’

Rajeev: ‘Forced would be a strong word; instead, she lured me into the relationship. I request the Committee to verify this with Kavya as to who made the first move.’

Shreya Jain: ‘Have you given her any undue favour?’

Rajeev: ‘Kavya used to face issues often with the HRIS, and I helped her out. I had her passwords and managed her profile on her behalf.’

Payel: ‘Have you ever approved her attendance and marked her presence even when she was out of office?’

Rajeev: ‘I don’t remember. But there may have been one or two instances.’

Payel: ‘Have you ever asked Kavya not to attend work for a week because you had a fight and told her you didn’t want to see her face? Later you managed her attendance and marked her present.’

Rajeev: ‘She was going through mood swings and did not want to come to the office. She requested permission to work from home, and I approved the same for a week.’

Payel: ‘Do you have any proof or mail on this wherein Kavya made such a request?’

Rajeev: ‘No, it was done on a verbal request. I never knew one day I had to face such questions when my intentions were only to support her.’

Payel: ‘Alpha does have a work-from-home policy, and the way you approved of this was against the same. As a Department Head, how did you approve?’

Rajeev: ‘I trusted her. Kavya was going through bad times. As her mentor, I wanted to help her. There was nothing beyond this!’

Ronit Patel: ‘Apparently, you have got into arguments within the office premises. People have seen Kavya shouting at you, and you have allowed her to display insubordination. What actions did you take to ensure this should stop at the workplace?’

Rajeev: ‘Beyond a point, she started blackmailing me, threatening to ruin my career. I was scared about the consequences and hence kept quiet. I was going through a mental trauma. However, I wanted to save her. I did not take any action.’

This response from Rajeev left Ronit confused. He was so proud of Rajeev, and the way the proceeding unfurled his failure to manage his personal and professional lives was something Ronit could not accept. He continued, ‘Kavya has stated that you two were in a live-in relationship. Do you accept this?’

Rajeev: ‘We were not living in. I have my family here. So there was no possibility of living with her.’

This time, Neha was confused because Kavya specified in her complaint that these two were living together. Suppressing her thoughts, Neha asked calmly, ‘Did you have sex with her?’ Rajeev remained silent for a while. His head stooped down. Slowly, he nodded his head to confirm.

Neha: ‘How frequently?’

Rajeev: ‘Before she started blackmailing me.’

Ankita: ‘Please tell the Committee how you were blackmailed.’

Rajeev: ‘Kavya knew from the beginning that I was married. I also told her about my child and that I was happy with my family. She was not looking for any commitment. However, after some time, she started insisting on commitment, whereas I was in no position to commit, and I made this clear. Kavya started pressurizing me, threatening to ruin my career. She was very adamant. Then she started making requests like, “Pay my credit card bills” and “Buy me an air conditioner.” I gave in to all her demands.’

With this revelation, Neha felt disturbed. Her intuition told her that perhaps Rajeev was not the culprit.

Shreya: ‘Were you abusive?’

Rajeev: ‘Of late, Kavya began threatening that she would tell everything to my wife. She became desperate. I did not know how to handle this. We would get into heated discussions quite frequently. Kavya used to provoke me constantly. I was angry. I was frustrated. All I wanted was to escape the situation at any cost. Out of desperation, I might have used some inappropriate words.’

Tania Bhatnagar: ‘You even recommended Kavya for a promotion. Was this a reward for being in a relationship with you?’

Rajeev: ‘Absolutely not! Kavya got promoted based on her performance and potential!’

Neha: ‘Kavya has alleged that you have punched her outside the office and broken her tooth. What do you have to say about this incident? She has also written that you have stopped her career advancement. She received a job offer, which was withdrawn later. You had a role to play in that incident. If she was blackmailing you as per your claim, why did you not allow her to leave?’

Rajeev: ‘It was the first day of a two-day conference. I was returning home when I received a call from Kavya. She said she got a job and would like to resign. She wanted me to relieve her from her duties immediately. We are working on the recyclable new-gen fibre project. You must be aware of this project and its confidentiality and sensitivity. I could not afford to lose her until the project was over. I requested that she reject the offer, citing personal reasons. But since she would not budge, I had no option but to reach out to the R&D Head of this company; she is a good friend. I told her about our relationship and the risk of having Kavya on board, as this could be a potential conflict of interest if we worked in rival companies. I am ready to share the contact of my friend. You can verify this from her. I have never been an impediment to Kavya’s career nor disloyal to Alpha!’

The next day this company sent Kavya a regret mail stating her offer was withdrawn. Kavya was furious. I was attending the conference, and when I checked my phone, there were 34 missed calls and a message from her stating she was complaining to HR.

I rushed back to the office and tried to convince her, but Kavya was rigid on her point. I requested that she meets me outside the office for 15 minutes to sort things out. She agreed. Outside the office, I tried to explain to her the importance of the project and that her expertise was essential for completing it. The discussion soon turned into an ugly argument. Kavya started accusing me of ruining her career and her life. She started pushing me, and I lost my cool and punched her in the face. I realized my mistake the moment I saw her bleeding and rushed with her to a nearby clinic.

Neha: ‘What is your expectation from this committee?’

Rajeev: ‘I was dreading the consequences if Kavya raised a complaint. My career is something that I am proud of. I have one humble submission: whatever I did wrong every time was out of impulse. But I also know I am not the only one who has made mistakes. I request that the Committee allow sharing certain documents to substantiate my point.’

To this, Ronit asked Rajeev to submit all such documents within the next 24 hours.

The proceedings left the Committee dumbstruck. Soon after Rajeev left the meeting room, the Members had a long discussion. While all initially empathized with Kavya on reading her narrative, the Members unanimously agreed that they needed to verify whatever Rajeev had told. Things did not seem so clear now. As the next step, the Committee summoned Kavya to clarify the specific counter-allegations raised by Rajeev. Kavya was asked to meet the Committee the following Monday, referred to as Day 2 here.

Day 2 of the Proceedings

Kavya: ‘Good Morning to all!’

Ankita Desai: ‘Good morning, Kavya! How is your health now?’

Kavya: ‘I am feeling better, thank you.’

Payel Bhatt: ‘Kavya, we have reviewed your complaint and discussed the matter with Dr. Rajeev. We have some questions for you that will help us understand the series of incidents better. Hope you are mentally stable to answer our questions.’

Kavya: ‘Yes, I can take your questions.’

Ankita: ‘Kavya, in your complaint, you mentioned that you both were in a relationship. However, Dr. Rajeev has told us that it was you who made the first move. Can you please comment on this?’

Kavya: ‘The whole thing happened spontaneously; I did not realize when I fell in love with him.’

Tania Bhatnagar: ‘Were you aware that Rajeev was married? And did you not know that our Code of Conduct prohibits employees from getting into such personal relationships?’

Kavya: ‘Yes, in the beginning, Rajeev told me he is married and has a kid. I was aware of the Code of Conduct and thought it was okay as long as we were not in a relationship. I guess I missed control of my emotions somewhere and fell for him.’

Tania: ‘Were you looking out for commitment from Rajeev despite knowing he has a family?’

Kavya: ‘Initially, I was not looking for commitment. It is not unusual for people of our age to be in a non-committal relationship. I was mentally prepared for one such relationship. But, with time, I thought having a future together was better.’

Neha: ‘Rajeev has told us you have taken financial assistance from him in lieu of your relationship. Can you explain?’

Kavya: ‘This is utter nonsense. How could he say this? What proof does he have to put forth such claims against me?’

Neha: ‘Have you ever asked Rajeev to pay your credit card bills?’

Kavya remained silent. After some time, Neha asked, ‘How do you want the Committee to interpret your silence?’ Soon after, tears started rolling down her eyes. Kavya muttered, ‘Why did Rajeev share this?’ Ronit quietly showed her the bank transactions by Rajeev reflecting the credit card amounts that Rajeev had mailed the Committee soon after his enquiry. Ankita offered Kavya a glass of water and tissues to wipe her tears. The Committee allowed her to compose herself, and then Neha resumed the interrogation by asking, ‘Rajeev mentioned that he bought you an air conditioner. What do you have to say about this? He has sent the invoice for the air conditioner, and the delivery address is yours.’

Kavya: ‘But that was a gift from his side!’

Neha: ‘Did you ask for it, or did he give himself?’

Kavya: ‘I had casually stated once. I didn’t mean he had to get one for me.’

Ronit: ‘You stated that you two were in a live-in relationship, whereas Rajeev has denied this. What do you have to say?’

Kavya started fumbling as she spoke: ‘Well, Rajeev never stayed with me at a stretch. He used to visit my one-room flat quite often beyond office hours. In some instances, he did stay back at night when our project-related discussions got prolonged.’

Tania: ‘What I understand from your statements is that you both were in a non-committal relationship, and everything was going smoothly. Also, both of you were aware of the Code of Conduct of our company and were flouting it knowingly. What went wrong?’

Kavya: ‘I gradually became serious and wanted to have a commitment from his side. Rajeev was not ready for it.’

Shreya Jain: ‘So basically, you became revengeful and began to blackmail Rajeev, threatening him to ruin his career?’

On this question, Kavya’s face turned pale. She never imagined that the Committee would put her through such an unpleasant question. She always thought that a complaint of harassment would easily place her in the victim’s situation, and Rajeev would be held guilty. There was pin-drop silence in the room.

Neha: ‘What is your expectation from this Committee?’

Kavya: ‘Though I have been through untold pain and suffering due to Rajeev, I do not want to harm him.’

Once Kavya left the meeting room, the members started discussing their perspectives on the proceedings. The complaint was not as lopsided as it seemed at the beginning. Apparently, Kavya was a victim of sexual harassment; she did go through all the pain and trauma. However, rather than being at the receiving end of a power play, it was now evident that Kavya was in a mutually exploiting relationship with Dr Rajeev. So, while Rajeev did exploit her sexually, apart from flouting internal policies, Kavya also used him for professional and personal benefits. Additionally, she made specific claims that were nullified during the enquiry. Beyond all this, the Members were anxious about the fate of the ongoing recyclable new-gen fibre project. Visualizing the shades of grey that emerged, the Members were hounded by the following dilemma:

Is Dr Rajeev the only one guilty? Or is Kavya also to be held guilty?

What would happen to the sensitive project if both of its key members were asked to leave the company? Should the Committee ignore the reality and resolve the situation amicably so that business interests do not suffer?

Which negotiation approach should the Committee adopt to come to a conclusion?