You are the Executive Director of an upcoming InfoTech Company that 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 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 about the continued misconduct of Mr. A, who has been making undesirable advances toward 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.

Ethics
Ethics: Case Study
2013
20 Marks

Introduction This case highlights the critical ethical dilemma of balancing business interests with the moral imperative to address sexual harassment, echoing recent events like the allegations against a prominent Indian wrestling federation chief, underscoring the urgent need for ethical conduct in professional spaces, particularly through a deontological lens. The central ethical dilemma lies in choosing between retaining a high-performing employee and upholding the dignity and safety of female colleagues, exemplified by the ongoing discourse surrounding workplace harassment, particularly relevant is the deontological approach which emphasizes moral duty irrespective of consequences.

Stakeholder Identification Executive Director (You), Mr. A (Star Performer), Mrs. X (Victim), Other Female Colleagues, Marketing Team, InfoTech Company, and its stakeholders.

14a) Options Available:

  1. Ignore Mrs. X's complaint and persuade her to stay: Prioritizing business interests over ethical responsibility.
  2. Accept Mrs. X’s resignation and take no action against Mr. A: Maintaining status quo to avoid potential disruption to business operations.
  3. Initiate an internal inquiry into Mr. A's conduct: Upholding the rights approach and ensuring a just process.
  4. Immediately terminate Mr. A's employment: Demonstrating zero tolerance towards sexual harassment and prioritizing employee safety.
  5. Offer Mrs. X an alternative role in a different department: Attempting to retain valuable talent while addressing her immediate concerns.
  6. Implement a comprehensive sexual harassment policy and training program: Addressing the broader issue of workplace misconduct and fostering a safe environment.

14b) Evaluation and Chosen Option:

  1. Ignoring Mrs. X's complaint is unethical, violating her rights and undermining justice. This approach prioritizes private gain (company revenue) over public welfare (employee safety).
  2. Accepting her resignation without action condones Mr. A's behavior and creates a culture of impunity, neglecting the virtue of justice. This approach fails to address the systemic issue of sexual harassment.
  3. While an internal inquiry is essential, it may not be sufficient given the severity of the allegations and Mrs. X's resignation. It represents a balanced approach, aligning with the justice approach, but may not provide immediate relief.
  4. Immediate termination, while seemingly harsh, sends a strong message against sexual harassment, upholding the deontological principle of duty. It may disrupt business operations, but prioritizes ethical conduct and employee well-being.
  5. Offering Mrs. X another role addresses her immediate concerns, but fails to address Mr. A's behavior, potentially exposing other female colleagues to harassment. This approach avoids the core issue and may not be a sustainable solution.
  6. Implementing a comprehensive policy and training is crucial for long-term prevention, but does not address the immediate situation. It demonstrates a commitment to ethical conduct and fosters a culture of respect, aligning with the virtue approach.

Chosen Option: Initiate an internal inquiry immediately, followed by appropriate action based on the findings. Simultaneously, accept Mrs. X's resignation if she is unwilling to reconsider, offering her appropriate compensation and support. Implement a comprehensive sexual harassment policy and mandatory training for all employees, creating a clear chain of command for reporting such incidents. If the inquiry confirms Mrs. X's allegations, terminate Mr. A's employment, irrespective of his performance, demonstrating zero tolerance towards sexual harassment. This approach prioritizes justice, upholds employee rights, and fosters a safe and ethical workplace. It balances the immediate need for accountability with long-term preventive measures. This mirrors the Vishaka Guidelines and subsequent POSH Act in India, which emphasize the employer's responsibility to create a safe workplace.

Conclusion This case underscores the importance of prioritizing ethical conduct over short-term business gains. Sexual harassment degrades social capital, violates fundamental rights, and undermines professional integrity. Real-life examples like the #MeToo movement demonstrate the devastating impact of unchecked harassment. A proactive approach that includes robust policies, training, and swift action against perpetrators is crucial for fostering a safe and ethical workplace. By prioritizing ethical considerations, organizations can build a culture of respect, ensuring the well-being of all employees and upholding the values of justice and integrity. The way forward involves promoting ethical leadership, empowering employees to report misconduct without fear, and creating a culture of accountability where such behavior is never tolerated.

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