Awareness Program

on

Prevention of
Sexual Harassment at
Workplace
Advocate Sonali Shah
Corporate Commercial Attorney | POSH
Expert | Startup Mentor
Sonalishah.adv@gmail.com
+91-9650984948

All rights reserved

Introduction
• A form of discrimination
• UNWELCOME SEXUAL gestures or behavior
• Sexually colored remarks
• Other verbal, non verbal or physical conduct of a sexual nature
that tends to create a hostile or offensive work environment
• It includes a range of behaviours from seemingly mild
transgressions and annoyances, to actual sexual abuse or
sexual assault.
• Anyone from either gender can be a victim of sexual
harassment, and anybody from either gender can be a
perpetrator..

What is Sexual
Harassment ?
• The term ‘sexual harassment’ includes conduct of
associates, managers, vendors and/or customers who
engage in verbally or physically harassing behaviour,
which has the potential for humiliating or embarrassing
an associate of the Company
• IMPACT NOT INTENT IS WHAT
MATTERS

What is Sexual
Harassment
Examples of sexual
Harassment
“ MY BOSS SAID NICE DRESS .
HOPE TO SEE IT IN MY DREAMS
TONIGHT ”

Sexual Harassment comes in various forms , including

verbal comments that make you feel uncomfortable”
“I WAS DEMOTED THE DAY
AFTER I DECLARED MY
PREGNANCY”

Coincidence or Unfair treatment?

“MY SUPERVSIOR SENDS SEXIST
MEMES TO OUR COMPANY
GROUPN CHAT, AND BRUSHES
THEM OFF AS JUST JOKES”

Intentions aside: If a joke causes a reasonable

person alarm or distress it might be harassment
“ HE GRABBED MY THIGH
DURING OUR MEETING. BUT
IT’S HAPPENED ONLY ONCE ”

Sexual Harassment can be a one off event. It does

not need to be repeated for you to report it.
• QUID PRO QUO- “THIS FOR THAT” Seeking sexual
favors or advances in exchange for work benefits.
Threatening an associate if he/she does not consent to
such sexual advances or favours also amounts to sexual
harassment. The act of ‘asking’ may either be verbal or
implied and the ‘sexual conduct’ may be verbal or
physical. But, in either case, it must be unwelcome.

Types of sexual
Harassment
• Examples of Quid Pro Quo Sexual Harassment
• A manager informs an associate that he/she would lose their
job if he/she does not give into his/her sexual advances.
• A manager informs an Associate that he/she would get a
better rating in the appraisal or a promotion if he/she gives
into his/her sexual advances.
• A manager promises an Associate a particular project or a
role in exchange of sexual favours.

Types of Sexual
Harassment
• HOSTILE WORK ENVIRONMENT- pervasive form
of sexual harassment involving work conditions or
behaviour that make the work environment 'hostile”.
• Hostile environment sexual harassment may also include
intimidating or harassing conduct that is directed at an
individual, or a group of individuals.

Types of Sexual
Harassment
• In Alphi chugh v State of Haryana the court said: Hostile
environment occurs when the conduct of the harasser creates a
hostile, offensive, intimidating environment. Factors which
may determine a hostile environment include:
a. The verbal and or physical nature of the conduct,
b. Frequency of the conduct
c. Hostility and offensiveness of the conduct
d.Working relationship to the harasser
e. Behavior that may contribute to a hostile environment include:
discussing sexual activities, touching unnecessarily,
commenting on physical attributes, displaying sexually
suggestive picture, using demeaning or inappropriate terms
such as bebe , telling sexual jokes and innuendo and using
indecent gestures

Types of Sexual Harassment

• Examples of Conduct that creates a Hostile Environment
• Talking about sex
• Telling obscene jokes
• Using endearments, crude or offensive language
• Unsolicited or unwanted touching of any part of clothing or body
or commenting on someone's physical appearance
• Talking about /spreading rumours about someone’s sexual
orientation or sex life
• Showing sexually suggestive pictures, notes, magazines or
cartoons
• Using sexually suggestive gestures
• Staring, cornering, following, blocking the pathway, or stalking
• ß Persistent requests for dates, outings, lunches, dinners etc.

Types of Sexual Harassment

• Any conduct or behavior is unwelcome if
• The recipient does not consent to it
• Regards it as offensive

WHETHER ONES BEHAVIOUR IS UNWELCOME OR

NOT IS A SUBJECTIVE QUESTION

What is meant by
Unwelcome?
• Consensual relationships are not harassment if they are
welcomed by the person involved.
• Only unwelcome conduct can be sexual harassment.
Conduct is unwelcome if the recipient does not appreciate
it, initiate it, or regards it as offensive.

Consensual
Relationships
Myths and Facts
Myths and facts
Myths and Facts
Myths and Facts
Myths and Facts
Myths and Facts
Myths and Facts
Myths and Facts
• Private sector organizations
• Government owned/controlled establishments
• Hospitals/nursing homes
• Vocational /Educational institutions
• Sports institutes, training institutions, stadiums
• Dwelling places in case of domestic workers
• Any place visited by the employee
• Arising out of ,during course of employment , including
transportation provided by employer.

WHAT IS WORKPLACE
 With or without
remuneration,
Voluntary
Directly,
through an Express/
agent, implied terms of
contractor employment

Regular,
temporary, ad- Probationer/
hoc ,daily wage Employee Apprentice
employees

Who is an employee
 Employer

Management Supervision Control

Person discharging contractual obligations with

respect to the employees

Person/ Board/ Committee responsible for

formulation of policies

Who is an employer?
• An AGGRIEVED WOMEN
• on her own
• With the assistance of a member of ICC
• A legal heir, or any person prescribed on the behalf of the
aggrieved women.

Who can file a

complaint?
Who can file Complaint?
• In relation to a workplace, a woman, of any age, whether
employed or not, who alleges to have been subjected to
any act of sexual harassment by the respondent.
• In relation to a dwelling place or house, a woman of any
age who is employed in such a dwelling place or house

“Aggrieved Women”
 Mandatory for establishments employing 10 or more
employees
 At least ½ of the membership of the ICC to be women
 ICC to prepare and submit an annual report to the
employer and the District Officer
 Tenure: The presiding officer and every member of the
ICC holds office for a maximum period of 3 years

Internal Complaints
Committee
 Presiding Officer – Senior woman
employee from the workplace/other
admin units/office/organisations.

2 members from amongst the

ICC employees- committee to the cause of
women/ experience in social work/ legal
knowledge

One member from an NGO/other

women’s organisation/familiar with
issues relating to sexual harassment.

Internal Complaints
Committee
• Such a person can be a social worker with at least 5 years
experience in the field of social work which leads to
creation of societal conditions favourable towards
empowerment of women and in particular in addressing
workplace sexual harassment or a person who is familiar
with labour, service, civil or criminal law as per Section 4
of the Rules.

Person familiar with issues

relating to sexual harassment
• Not a moral police
• Cannot intrude anyone privacy.
• The role of committee is to create awareness about sexual
harassment and to deal with and recommend punishment for
non-consensual acts of sexual harassment.
• Members are expected to be sensitive to the issue and not let
personal biases and prejudices (whether based on gender,
caste, class) and stereotypes (e.g., predetermined notions of
how a “victim” or “accused” should dress up or behave) affect
their functioning as members of the committee

ICC
 To be set up in every district to address complaints of
sexual harassment pertaining to the following categories;
 Cases where the perpetrator of the harassment is the
employer himself.
 Organisation having less than 10 employees
 Women workers in the unorganized sector

LCC
• ICC or the LCC shall have the same powers as are vested
in a civil court under the Code of Civil Procedure 1908
when trying a suit in respect of the following (Section
11(3))
• Summoning and enforcing the attendance of any
person and examining him on oath
• Requiring the discovery and production of documents
• Any other matter which may be prescribed

Powers of ICC/ LCC

• For locating LCC or one of its members, one can adopt
following measures:
• Contact the District Officer’s office
• Contact One Stop Centre/Women Helpline (toll free
thorugh181, 100 etc.) functioning in your district/State
• Contact the State Commission for Women
• Contact the State Department of Women and Child
Development/department looking after women issues

How to locate LCC in a

particular district?
• Disclosure by the person of matters which are required to be kept
confidential under the POSH Act, such as information regarding the
complaint submitted to an ICC, identity of the complainant, the
respondent or witnesses, details of inquiry proceedings and
recommendations of the ICC, or action taken by the employer.
• If the person has been convicted, or an inquiry is pending against
such person, of any offence under any law.
• If the person has been found guilty, or an inquiry is pending against
such person, with regard to any disciplinary proceedings.
• Where the person has abused their position, rendering their continued
membership in the ICC to be prejudicial to public interest.

Disqualification of
Members
 Employee requests for
Incident of 3 months settlement
Complaint made
Sexual
to ICC/LCC
Harassment

Settlement
Beyond 3 months  Not
monetary;
 ICC to record
Reasons for delay to be settlement
recorded in writing and forward
No Settlement
Beyond 3 months to LCC and
parties
Employee does not request Inquiry  No further
for settlement inquiry

Grievance Redressal Process

 Allegation not
proved
Inquiry Inquiry report to No action to be
Principles of be submitted to taken; Assessment of
natural justice to the Employer and whether charges are
be followed the parties false/malicious

Allegation proved
within 60 days
• ICC/LCC to inquire into
Punishment as whether the allegations
per service rules; were made with a malicious
Appeal to Monetary penalty intention.
court/tribunal payable to the • Inability to substantiate the
aggrieved woman complaint or provide
adequate proof doesn’t not
amount to malice.

Grievance Redressal Process

 Description Timeframe
Submission of Within 3 months of the
Complaint last incident
Completion of Inquiry Within 90 days
Submission of Report by Within 10 days of
ICC/LCC to completion of the inquiry
employer/DO
Implementation of Within 60 days
Recommendations by
employer
Appeal Within 90 days of the
recommendations

Time lined for redressal

• A Complainant can make a Complaint, in writing, to the Hotel POSH
Committee, within a period of three months from the date of incident
and in case of a series of incidents, within a period of three months
from the date of last incident.
• the Complainant shall submit six copies of the complaint along with
supporting documents and relevant details concerning the alleged
incident(s), the name and details of the Respondent and names and
addresses of the witnesses.
• If the Complaint is made against a guest of the Hotel or any other
person who is not an Employee of the hotel , the POSH Committee
shall advise the Complainant to file a Complaint with the police
immediately. The option of whether the Complaint should be filed
with the police or not is left with the Complainant, but the support of
the hotel in filing the Complaint will be their.

How to make a
complainant
• If the Aggrieved Individual is unable to make a complaint
in writing for any reason, he/she may contact the POSH
Presiding Officer / Member of the POSH Committee
whose details are provided on the notice board of the
Hotel. and they shall render assistance to such aggrieved
individual for making the complaint in writing.

How to make a
complaint?
What happens to Complaint?
• Prior to initiating an inquiry, the POSH Committee may, at the
request of the Complainant, take steps to settle the matter
between the Complainant and the Respondent through
conciliation, provided that no monetary settlement is made the
basis of such conciliation.\
• Such settlement could include an apology from the
Respondent, Respondent agreeing to gender sensitization and
related training or any other settlement agreement arrived at. In
case a settlement has been arrived at the POSH Committee
shall record the settlement so arrived and forward the same to
the Company to take action as specified in the
recommendation of the POSH Committee.
• The POSH Committee will provide copies of the settlement as
recorded to the Complainant and the Respondent. Upon a
conciliation being reached, the POSH Committee would not be
required to conduct any further inquiry.

Conciliation
• The ICC shall send one copy of the complaint, to the
respondent, within a period of seven working days
• The respondent shall file his reply to the complaint along with
his list of documents, names and addresses of witnesses, within
ten working days from the date of receipt of the copy of
complaint.
• The Internal Committee shall, make inquiry into the complaint.
Examine the incident reported and form a prima facie opinion
as to whether it amounts to misconduct – sort of a preliminary
inquiry.
• ICC shall decide the date, time and venue of the enquiry and
Intimate the Complainant, Respondent and witnesses about the
same.

Inquiry
• Record the minutes of the meeting and ensure that all the
concerned have signed the minutes.
• Enquiry shall be completed within a period of 90 days
• The ICC shall have the right to terminate the inquiry
proceedings or to give an ex parte decision on the complaint, if
the complainant or respondent fails, without sufficient cause,
to present herself or himself for three consecutive hearings
convened by the Chairperson. Termination of inquiry or ex-
parte Order may not be passed without giving a notice in
writing, 15 days in advance to the party concerned.
• Quorum - minimum of three Members of the Complaints
Committee including the Chairperson, shall be present

Inquiry
• During the pendency of the enquiry, upon written request
by the aggrieved employee:

 Transfer the aggrieved woman or the respondent to any

other workplace

 Grant leave to the aggrieved woman up to a period of

three months

Interim Reliefs
• On completion of an inquiry, the Internal Committee shall
provide a report of its findings to the employer, within a
period of ten days from the date of completion of the
inquiry
• report to be made available to the concerned parties

Enquiry Report
• NOT GUILTY – Recommend no action against the
Accused
• MALICIOUS COMPLAINT - Recommend Action
against aggrieved employee
• GUILTY – Recommend punishment as per Service Rules

Findings
• As prescribed under the Service Rules
• In case service rules do not exist
• Disciplinary action including written apology, reprimand, warning, censure
• withholding of promotion/ pay raise/ increment
• Termination of employment
• Undergo counselling
• To deduct from the salary or wages of the respondent such sum to be paid to
the aggrieved woman or to her legal heirs
• In case the employer is unable to make such deductions from the salary of the
respondent due to his being absent or cessation of employment, the ICC or the
LCC may direct to the respondent to pay such sums to the aggrieved woman.
• In case the respondent fails to pay the sum, the ICC or the LCC may forward
the order for recovery of the sum as an arrear of land revenue to the concerned
District officer. (Section 13 (3) ii of the Act)

What kind of compensation

can be awarded?
 Mental trauma, pain, suffering, emotional distress caused

 Loss in career opportunity due to the incident

 Medical expenses incurred

 Income/financial status of the respondent

 Feasibility of such payment in lump sum or in installments

Determination of
Compensation
 Provide a safe working environment
 Display at the workplace, details of:
 the penal consequences of indulging in acts of sexual
harassment
 composition of the ICC
 the grievance redressal mechanism available to aggrieved
employees
 Organize workshops and awareness programs for sensitizing
employees
 Organizing orientation programs for members of the ICC

Employer’s Obligation
 Cooperate and assist during the course of the inquiry.
 Provide necessary facilities for the members of the ICC and assist in
any manner required to enable the aggrieved woman to secure justice
under the IPC; and,
 Monitor the timely submission of the reports by the ICC.
 Treat sexual harassment as misconduct under the service rules
 Provide assistance to the aggrieved employee, should she choose to
file a police complaint;
 Initiate action under the IPC or such other applicable law
 Ensure timely submission of reports to the District Officer

Employer’s Obligation
• Under Section 134 of the Companies Act, 2013, directors are supposed to
furnish a “Responsibility Statement” as part of the Board’s Report (on an
annual basis).
• As per Section 134(5)(f), the Directors have to declare that they have devised
proper systems to ensure compliance with the provisions of all the applicable
laws and such systems were adequate and operating effectively. Directors
need to declare in their statement if their company is compliant with the Act.
• Any Company, not in compliance with Section 134, is punishable with a fine
which shall not be less than Rupees Fifty Thousand and which may extend to
Rupees Twenty Five Lakhs and every officer of the company who is in
default shall be punishable with imprisonment for a term which may extend
to three years or with fine which shall not be less than Rupees Fifty
Thousand but which may extend to Rupees Five Lakhs or both.

Compliance under Companies Act 2013

 Failure to constitute an ICC

 Contravention of any provision under the statute

 Fine of INR 50,000 (approx. US$1,000)

 Cancellation of business licenses

 All offences under the statute are non-cognizable

Penalties
• It’s mandatory for the ICC to prepare, in each calendar year, an annual report
and submit it to the employer. The report should incorporate the following:
■ Number of complaints of sexual harassment received in the year;
■ Number of complaints disposed of during the year;
■ Number of cases pending for more than 90 days;
■ Nature of action(s) taken by the employer; and,
■ Number of workshops or awareness programs conducted against
sexual harassment.

The annual report should be pre- pared by the IC who shall forward it to the
employer and the local labor district officer. There is also an obligation under
the Act for the employer to include the above POSH Law related annual
report as part of its overall annual company report. Where such overall
annual company report is not required, the employer will notify the number
of cases to the local labor district officer. Failure to submit the annual report
will invite the same penalties as the failure to constitute the IC does.

Reporting Requirements
• The need for employees to be “off the job”.
• Time investment for investigation of the sexual
harassment complaint.
• Depositions.
• Trail.
• Low productivity due to diversion of focus.
• Negative impact on other managers, employees, and
witnesses.
• Adverse publicity about the organization.

Cost of Sexual Harassment

to the Company
Applicable only to
those instances where
a female employee
faces sexual
harassment by a man
at the workplace.

Limitation of the Sexual

Harassment act , 2013
• Protection to women of any age, whether employed or
not , who alleges to have been subjected to Sexual
harassment .Provides protection to all women present in
an office or a workplace ,whether they work or their or
not. Essentially, even if the women is visiting an office ,
she is entitled to safe environment

Ambit of protection
 • S.354 :assault or criminal
force to women with intent to
outrage her modesty.
• S.354A : Sexual harassment
and punishment for sexual
harassment
• S.354B: Assault or use of
criminal force to woman with
intent to disrobe.
• S. 294 :deals obscene acts
and songs.
• S.509 :words, gestures or act
intended to insult the
modesty of a woman

Provisions of IPC
• You receive an e-mail from a co-worker with an
attachment – nude picture(s) of a male and/or female.
You are offended by the picture(s).
What are your options?

Example 1
• Delete the picture

• Notify the sender that you find the email offensive

• Report it

Options , but not limited

to
• An employee from another department keeps calling you
asking you to go out with him or her. You have said no
several times and you want him or her to stop asking.

• What will you do?

Example 2
• Request a coworker to inform the employee to stop
asking you for a date.

• Notify your supervisor

• Notify his or her supervisor

• Complaint to internal commitee

• You work in an office where everyone gets along well
with each other and there is lot of mild sexual joking
going around. Suddenly you find that the tone and nature
of the jokes have become more than you can tolerate.

What will you do to address this situation?

EXAMPLE 3
• Ask for the behavior to stop

• Report it to your supervisor

• Request training
• You notice that your supervisor or coworker stands
behind you while you are working and his or her back
rubs against you. He or she also asks you to wear
suggestive clothing.

• You want this behavior to stop.

• What will you do?

EXAMPLE 4
• Tell the employee/supervisor to stop the behavior

• Notify your second line supervisor

• Contact the EEO Office

Options but not limited

to..
Care about what you say…..
How you say
Before you say it….

Thank you…..