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EMPLOYMENT LAW CAPSULE
Bosses Beware: Policy on ‘sex-based discrimination that is not sexual in nature’ on
the way.. Its time to think beyond POSH!!
The National Commission for Women (NCW) is considering a separate law or policy
that would address all kinds of gender-based discrimination at the workplace beyond
sexual harassment. Recently, in a meeting to review the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), at the
NCW’s office in New Delhi, Justice (retired) Sujata V Manohar [who was part of the
three-judge Bench that laid down the landmark Vishakha guidelines in 1997] said that
“the current definition (as per Section 2(n) of the Act) is not adequate to cover all kinds
of harassment based on sex. We need a law to address gender-based discrimination in
its entirety. After all, the Constitution prohibits discrimination based on sex.”
Whereas the POSH Act was enacted to ensure that women are protected against sexual
harassment at all the work places, the aforesaid policy (currently under consideration)
may said to be a step forward in this direction with an intent to curb gender
discrimination at workplace (not being ‘sexual’ in nature). This may include instances
of biased behaviour at workplace, unreasonable behaviour or derogatory remarks with
respect to women employees, discrimination in terms of salary or growth, etc.

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Employment law capsule

  • 1. EMPLOYMENT LAW CAPSULE Bosses Beware: Policy on ‘sex-based discrimination that is not sexual in nature’ on the way.. Its time to think beyond POSH!! The National Commission for Women (NCW) is considering a separate law or policy that would address all kinds of gender-based discrimination at the workplace beyond sexual harassment. Recently, in a meeting to review the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), at the NCW’s office in New Delhi, Justice (retired) Sujata V Manohar [who was part of the three-judge Bench that laid down the landmark Vishakha guidelines in 1997] said that “the current definition (as per Section 2(n) of the Act) is not adequate to cover all kinds of harassment based on sex. We need a law to address gender-based discrimination in its entirety. After all, the Constitution prohibits discrimination based on sex.” Whereas the POSH Act was enacted to ensure that women are protected against sexual harassment at all the work places, the aforesaid policy (currently under consideration) may said to be a step forward in this direction with an intent to curb gender discrimination at workplace (not being ‘sexual’ in nature). This may include instances of biased behaviour at workplace, unreasonable behaviour or derogatory remarks with respect to women employees, discrimination in terms of salary or growth, etc.