Sexual Harassment at Workplace
Sexual harassment
Sexual harassment remains a social problem that influences many people and organizations. This is a type of discrimination that erodes the dignity of the victims by singling them out and denying them equality in their workplaces or educational institutions besides perpetuating a toxic environment that hampers productivity and development. In the fight against this rampant problem, it is important to know one’s rights, the law that governs the issue, and how one can get assistance. This guide contains all the information you need to know about sexual harassment, the POSH Act, as well as the course of action in case you are harassed.
What is Sexual Harassment?
Sexual harassment may be defined as discrimination based on one’s sex, which includes any sexual propositions, solicitations for sexual favors, and other verbal or physical conduct of a sexual nature that is likely to affect the working environment and make it hostile. Thus, it directly negates an individual’s dignity and rights that he or she deserves as a human being.
The Vishaka Guidelines
Earlier, the Supreme Court of India gave guidelines to control sexual harassment at workplaces in the lighter case of Vishaka v. State of Rajasthan before the POSH Act was passed. These guidelines provided the basis for dealing with the vice until the POSH Act was developed.
The POSH Act
The POSH Act relates to the Prevention of Sexual Harassment of Women at Workplace, 2013 and it is a comprehensive law framed for dealing with the issues of sexual harassment against women at the workplace. It gives a legal remedy to complain about acts of sexual harassment and requires the establishment of Internal Complaints Committees (ICCs) in workplaces employing 10 or more employees.
What Constitutes Sexual Harassment?
Acts that can constitute sexual harassment include:
- Physical contact: This includes; (Unwanted touching or groping or assault).
- Verbal harassment: Improper conversation such as eros, comments, or jokes that have a connection with sexual conduct.
- Non-verbal conduct: Suggestive gestures or whistling at you or other women.
- Demand for sexual favors: Sexual harassment, chasing employees/constantly making sexual overtures to the employees.
But, it is worthy to justify that whether the act constitutes sexual harassment or not, the nature of harassing acts is more vital than the intention of the harasser.
What Should I Do If I Witness or Become a Victim of Workplace Harassment?
You do not have to endure sexual harassment at the workplace; you have the option of taking legal action. The first action one should take is to formally write a letter to the employer or the ICC regarding the incident. you can also ask your colleagues friends or even your family members for assistance. The victim should make a chronology of the harassment, which includes the date and time of the incident among other activities.
Internal Complaints Committee (ICC)
To address the issue of sexual harassment all workplaces employing ten or more employees are supposed to form an Internal Complaints Committee (ICC). The responsibility of the ICC includes a probe that involves receiving complaints, counseling the complainant, and taking appropriate action against the accused.
Local Complaints Committee (LCC)
Also existing are Local Complaints Committees (LCCs) at the district level for cases where the ICC has not offered an adequate solution or where the organization does not have an ICC.
Who Has the Right to File a Complaint of Sexual Harassment?
The act entitles any working woman or any employee in an organization with ten or more employees to file a sexual harassment complaint. This involves the main employees, the seasonal or the casual workers, outsourced workers, and interns.
The Complaint Process
The complaint process typically involves the following steps:
- Filing a complaint: The complainant can make the complaint in writing or in person to the ICC or LCC.
- Investigation: The ICC or LCC opens an investigation to gather evidence and get statements from the witnesses.
- Resolution: According to the findings of the investigation, the committee can decide that the accused has to be punished, the complainant has to be given a counseling session or any other necessary action.
- Appeal: The complainant or the accused may appeal against the decision of the ICC or LCC to a higher authority.
Protection for Complainants
The POSH Act provides several protections for complainants, including:
- Guard against victimization or retaliation.
- Confidentiality of the complaint.
- Counseling and support services are being rendered.
- Leave which one is entitled to attend proceedings in respect of the complaint.
Time Bar to File a Complaint
The POSH Act has set down certain reporting and investigation timelines for the complaint cases that are registered. It is important to stick to these timelines for the sake of efficient processing of the complaints.
Can one sue for workplace sexual harassment after a set period of the harassment has occurred?
An aggrieved women must have given a complaint within three months of the occurrence or the last incidence in the case of frequent occurrences. However, the time bar indicated can be extended by the Internal or Local Committee for a period not exceeding three months.
Is it possible that a third party represents the woman, in this case, to file the complaint?
Yes, if the woman is physically or mentally incapacitated to report the case, deceased, or for any other reasons, then her representative or any other person as per the prescribed rules can file a complaint on her behalf.
What should I do if I am unable to make a written complaint?
If you cannot submit a written complaint, the Presiding Officer or any member of the Internal Committee or the Local Committee shall afford the necessary assistance toward the submission of the written complaint.
Role of the Employer
Today employers play a very crucial role in providing prevention as well as responding to the issue of sexual harassment. They are responsible for:
- Promoting awareness and preventing the perpetuation of sexual harassment and discrimination in the workplace.
- Analysis of the appropriate strategies such as the introduction of a sexual harassment policy.
- Implementing comprehensive anti-harassment training for workers.
- The practical means of supporting employees who have been the victims of sexual harassment.
- Implementing the right punitive measures on the culprits.
Legal Remedies
In case the internal complaint handling procedures have not been effective in handling a particular complaint the complainant may have to go to court. This may include; Report the matter to the police or seeking damages through a civil suit.
Frequently Asked Questions (FAQs)
What if the harasser is the employer or a person in a higher rank than the employee?
One of the challenges that female employees may experience when they have been harassed is going for a complaint especially if the harasser is a senior employee or a manager. Still, it is important to notice that no one is entitled to be a victim of workplace violence, at least regardless of their job. The first option is to write a complaint to the ICC or the second the visit a lawyer and take legal action.
Is it possible to report a case without giving my full identity?
Though in most cases it is recommended that you give your identity when making a complaint, some organizations may accept anonymous complaints. Review the regulation of the specific company and ascertain the measures they have put forward against sexual harassment. But at the same time, it is crucial to underline that giving your identity helps to intensify the examination and supports your position.
What happens if the ICC or LCC does not charge any proof of harassment?
If the ICC or LCC decides that there is no substance in the complaint, there are other avenues open to the personnel; one can consult a lawyer or reallocation to another department or post. All occurrences and any form of evidence should be properly recorded in preparation for the next stage.
Is it possible to resolve a sexual harassment complaint without the commencement of an investigation?
Yes, before instituting the inquiry, the Internal or Local Committee may try to resolve the issue between the aggrieved woman and the respondent through conciliation. However, it should be stressed that it is impossible to use monetary rewards as a method when implementing this kind of measure. If a settlement is made, it will be documented and can be submitted to the employer or District Officer for further actions that will be required.
What can happen to an employee while his/her complaint of sexual harassment is being investigated?
The Internal or Local Committee can suggest actions to the employer where the complainant or respondent should be relocated to another workplace; the complainant be allowed leave of up to 3 months in addition to other allowed absences; or any other remedy as may be provided in rules. The recommendations made by this report should be adopted by the employer and then the employer should report back to the committee.
Is it possible to be transferred to another department to avoid coming across the harasser?
Even if a woman transfers to another department of a company, this method appears to be temporary, and it does not resolve the problem of sexual harassment at all. One ought to promptly inform the authorities of the harassment so that the harasser should not victimize other employees.
What if I am fired for complaining or reporting my employer to the appropriate authority?
Cases where employees are fired or discriminated against after filing a complaint are prohibited.
The POSH Act also enshrines protection in the form of non-victimization for any individual who files a complaint. The law requires your employer to protect you, which means you have the right to a safe and/or non-sexualized work environment.
Can male individuals also be the victims of sexual harassment?
Indeed, men are also vulnerable to vice and can be on the receiving end of sexual harassment. The clearer majority of sexual harassment cases include women, but men can be harassed also, and they too have a right to work in an environment that is free of sexually harassing conduct.
What can be considered as the differences between flirting and sexual harassment?
Sexual teasing is therefore an agreed-upon action between two or more people. Sexual harassment is hostile and includes unwanted practices. The crucial factor that differentiates between various types of sexual harassment is the lack of consent as well as the effect caused by the conduct in question on the recipient.
In the case where the harassment occurred outside the workplace, is it possible to complain?
Most cases of sexual harassment that are likely to fall under the POSH Act are those that affect your workplace or if the harasser and harassed are workmates. Still, the details of the particular case will define the applicability of the Act in generalized practice.
What if the harasser is a client or customer?
Sexual harassment at the workplace also encompasses harassment by clients or customers as specified by the POSH Act. Employers hold the responsibility of making sure employees from outside harass them not before they get signs of aggression. It should also be noted that an incident report should be made to the appropriate authorities.
When a case of sexual harassment is being pursued, what is the purpose of witnesses?
People who have witnessed sexual harassment may be handy in defending the complaint. Their word could testify and deepen the case and give further evidence. Thus, such activities as attracting witnesses and requesting their statements are crucial.
About the investigation process, how long does it normally take to complete?
The time it takes to complete an investigation depends on the nature of the case. However, under the POSH Act, there are set timelines for the conduct of the investigation. There should be follow-up questions concerning the progress of the investigation conducted by either the ICC or LCC.
What should happen at the time when the complaint is proven to be false or made out of malice?
The Internal or Local Committee can make recommendations for disciplinary action against the complainant or witness where the complaint is deemed by the Committee as false or malicious or where false evidence was given during the inquiry. The type of action will thus depend on the service rules or any other prescribed procedures of the given facility. However, it should also be remembered that lack of proof for a complaint does not necessarily mean that the complaint is false where one has to suffer harmless wrongs and establish malice before an action is taken.
What is currently out there for the victims of sexual harassment in terms of support services?
Several organizations assist clients who are sexually harassed through the provision of counseling, legal representation as well as through advocacy. You can also call a local women’s rights organization or a helpline to seek information about the available resources.
What legal recourses does one have if the employer neglects the harassment and continues with the harassment?
If your employer does not act as expected to stop the sexual harassment you could sue. Speaking with an attorney is recommended for the best course of action on this one.
Is it permissible for information about a complaint of sexual harassment to be released to the public?
No, any information that is submitted to the commission during the hearing of a sexual harassment complaint, including who complained, who was complained against, or anyone who testified cannot be shared with the public. The following information is classified and, therefore, has legal protection. Even though it might be appropriate to suggest that the process of implementation was successful in cases of the prevention of sexual harassment, it is impossible to disclose any particulars on specific cases since this could expose victims to further difficulties.
What are the key functions of the Police so far as Sexual Harassment cases are concerned?
If the sexual harassment includes physical contact such as groping or if one feels threatened by the harassment by the other person, one can report the matter to the police. The police can intervene and follow up on the matter as a legal issue to take action against the perpetrator.
What measures can be taken to avoid sexual harassment at the place of work?
- Preventing sexual harassment requires a comprehensive approach, including:
- Establishing respect, equality, and effectuating the change
- Performing prevention programs and anti-harassment kind for all employees
- Implementing appropriate measures for performing proper documentation of the complaints received and for investigating them.
- Criminal justice response needs to be strengthened in this factor to effectively support and offer resources to victims.
- Punishing the culprits under the laid down outlawed disciplinary actions
