Prevention of Sexual Harassments at workplace

1. POSH
Prevention of Sexual Harassment

3. The Law
• Prohibition – Clear statement of no tolerance
• Prevention – Proactive action
• Redressal – Through Internal Complaints Committee
• Reactive to Proactive – ITC Hotels Way

4. Term Meaning Additional Meaning / Implication
Employee The definition of 'employee' under the Act
is fairly wide and covers regular,
temporary, ad hoc employees, individuals
engaged on daily wage basis, either
directly or through an agent, contract
labour, co-workers, probationers,
trainees, & apprentices
With or without the knowledge of the
principal employer, whether for
remuneration or not, working on a voluntary
basis or otherwise, whether the terms of
employment are express or implied.
Workplace It is any department, organisation,
undertaking, establishment, enterprise,
institution, office, branch or unit which is
established, owned, controlled or wholly
or substantially financed by funds
provided directly or indirectly by a
corporation
Also covers places visited by employees
during the course of employment or for
reasons arising out of employment -
including transportation provided by the
employer for the purpose of commuting to
and from the place of employment

5. What is Sexual Harassment?

6. • Form of sexual
discrimination based on
imbalance of power
• Unwelcome sexual
advances OR
• Requests for sexual favors
OR
• Verbal or physical conduct
of a sexual nature that:
• Explicitly or implicitly
affects employment based
on submission or rejection
OR
• Unreasonably interferes
with one’s work
performance OR
• Creates an intimidating,
hostile or offensive
workplace.
Sexual Harassment is

7. Who is the Victim ?
• Victim can be a man or a woman
• Victim and harasser can be of same sex
• Victim does not have to be the person being harassed but can be
anyone affected by the offensive conduct
• Harasser may be someone who does not work for your company
(vendor, customer…)

8. • How would you feel if your spouse or child was treated this
way?
• Would you do this in front of your spouse? Your parents? Your
children?
• Would you like it if this conduct appeared in the Company
Newsletter the next day?
Litmus Test - Put yourself in the recipient’s shoes:

9. Forms of Harassment
Employment decisions or expectations based on an
employee’s willingness to grant or deny sexual favors
• “This for that”
•Examples:
•Demanding sexual favors in exchange for a promotion or a raise
•Changing job performance expectations after subordinate refuses
repeated requests for a date
•Disciplining or discharging an employee who ends a romantic
relationship
QUID PRO QUO

10. Forms of Harassment
Pervasive / Persistent unwelcome sexual words or conduct which
create an intimidating, hostile, humiliating or sexually offensive
work environment.
•Examples:
•Unwelcome sexual advances;
•Patting, touching, brushing
•Staring at body parts;
•Sexual jokes, sexually oriented ‘kidding’ or ‘teasing’ or comments
•Spreading gossip or rumors about someone’s sex life;
•Repeated requests for a date or romantic intimacy despite refusal;
•Displaying / transmitting sexually explicit pictures, e-mail or website
materials,
•Sending compromising messages through SMS, voice mail or e-mails;
HOSTILE WORK
ENVIRONMENT

11. Behaviors that are NOT Sexual Harassment
• Voluntary lunch or dinner dates – asking a co-worker to have lunch or
dinner
• Appropriate compliments – telling a person that his or her outfit is nice
• Acts of courtesy – opening the door for someone
• Consensual Relationships*
* Disclosure may be required

12. In order to be “unwelcome” the conduct must be both:
1. Actually offensive to the victim and
2. Not solicited or invited by the victim
•Whose perspective matters?
If the complainant reasonably finds the unwelcome words or conduct
offensive, that is what counts.
It doesn’t matter if the harasser thinks the words or conduct are funny or
inoffensive. It also doesn’t matter that the harasser didn’t intend to upset
anyone.

13. As a good corporate citizen, ITC is committed to a gender friendly workplace. It seeks to enhance
equal opportunities for men and women, prevent/stop/redress sexual harassment at the
workplace and institute good employment practices.
Sexual harassment includes unwelcome sexually determined behaviour such as: unwelcome
physical contact; a demand or request for sexual favours; sexually coloured remarks; showing
pornography and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
ITC maintains an open door for reportees; encourages employees to report any harassment
concerns and is responsive to employee complaints about harassment or other unwelcome and
offensive conduct. An Internal Complaints Committee has been constituted to enquire into
complaints and to recommend appropriate action, wherever required.
ITC demands, demonstrates and promotes professional behaviour and respectful treatment of all
employees.
A gender friendly workplace

14. Internal Complaints Committees in each Business
Investigation Process Defined
Retaliation / Discrimination prohibited
Confidentiality
Disciplinary Action

15. Thank You