Team  SoOLEGAL
PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE - POSH ACT
Team SoOLEGAL 29 Mar 2023

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE - POSH ACT

POSH stands for the Prevention of Sexual Harassment Act, which is a law enacted by the Indian government in 2013 to address the issue of sexual harassment in the workplace. The act applies to all workplaces in India, including government, private, and non-governmental organizations.

Under the act, every employer is required to establish an internal complaints committee (ICC) to investigate complaints of sexual harassment in the workplace. The act also defines sexual harassment broadly to include any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

The act also provides protection to victims of sexual harassment and prohibits retaliation against employees who report incidents of sexual harassment. Employers who fail to comply with the provisions of the act can face penalties, including fines and imprisonment.

The POSH Act is an important step towards ensuring a safe and harassment-free workplace for women in India.

FREQUENTLY ASKED QUESTIONS

1. For a complaint of sexual harassment, does the conduct need to be repetitive?

No, even a single incident of sexual harassment can be reported. According to the law, a complaint does not need to be repeated or prolonged.

2. Does the offence of sexual harassment need to be targeted towards an individual?

No, a sexual harassment complaint can arise from a hostile work environment in which the aggrieved individual was not the specific target of sexual harassment.

3. Can a complaint of sexual harassment be a same-sex harassment complaint?

 Yes. The Act's objective is to shield women from sexual harassment in the workplace. The respondent can be either male or female.

4. Would a dinner with colleagues and/or office offsite/retreat be treated as workplace?

Yes. The definition of the workplace would include any place visited by the aggrieved woman in connection with work, including any transportation provided by the employer, such as office cabs.

5.If the interactions which gave rise to the complaint of sexual harassment occur over personal social media accounts of the parties such as Facebook or WhatsApp, then would that constitute sexual harassment at the workplace?

The answer to this question is primarily found in the context and circumstances of the interaction. For example, sexual harassment at work may be considered if the interaction occurred between colleagues on a forum where they regularly discuss work, or on a department/team group chat, or if the parties interacted with each other on such social media platform in their capacity as colleagues and workplace friends.

6. Is an Internal Committee required to investigate complaints of sexual harassment which stem from a consensual relationship?

Yes. Even if the complaint stems from a consensual relationship, the Internal Committee cannot ignore it. Each complaint should be investigated on its own merits, rather than based on preconceived biases or notions.

7. Will employer be liable to conduct inquiry by its Internal Committee if aggrieved woman complains that she was sexually harassed in an accommodation provided by employer?

Yes. If an aggrieved woman is harassed by a co-worker in an employer-provided accommodation, the Internal Committee of the employer can handle the complaint because the employer-provided accommodation is considered an extension of the workplace and such sexual harassment is most likely the result of an association at the workplace.


 

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