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Prevention Of Sexual Harassment
in the Workplace
Indian Law on
Sexual Harassment
The objective of these laws is Prevention
+ Protection + Redressal
Indian Constitution
The Sexual Harassment of Women
at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
1997:
Vishaka vs. State of Rajasthan
The Indian Penal Code, 1860
Workplace
Sexual Harassment
Workplace Sexual Harassment is
behaviour that is :
- UNWELCOME
- SEXUAL in nature
- A SUBJECTIVE experience
IMPACT not INTENT is what matters
Often occurs in a matrix of power.
What Constitutes
Sexual Harassment?
Physical Contact
& Advances
Demanding or
Requesting
Sexual Favours
Showing
Pornography
Sexually Coloured
Remarks
What is
the Workplace?
Any place visited by the employee in the
course of employment including
transportation is construed as the workplace.
This includes:
● Company guest houses
● Hotel stay during official travel
● Client place, etc.
Who are Covered?
● Full time employees
● Temporary workers
● Contract workers
● Daily wage employees
● Trainees
● Interns
● Contractual workers
● Housekeeping
● Security
● Client representatives
● Vendor representatives
● Volunteers with/without
remuneration
Examples of
Sexual Harassment
● Staring, leering, obscene gestures, howling, making
kissing sounds, smacking lips
● Showing sexually obscene/suggestive signs,
objects or pictures
● Indecent comments, dirty jokes, comments on a
woman’s dress/body
● Using power positions to request for favours or
threats on loss of privileges/loss of job
● Touching, petting, caressing, kissing, brushing
against another’s body
● Blocking, following and cornering
Examples of
Sexual Harassment
● Referring as honey, sweety etc., or making
innuendos
● Making work discussions sound sexual
● Telling sexual jokes or stories
● Asking about sexual fantasies, spreading lies of
sexual nature
● Winking, licking lips
● Touching a person’s clothing, stalking
continued
PHYSICAL ASSAULT AND RAPE
What is meant by
“Unwelcome” ?
● Any conduct or behaviour is unwelcome if:
- the recipient does not consent to it.
- regards it as offensive.
● Even if the victim does not complain, it doesn’t
necessarily imply that the conduct is welcome.
● Some comments and/or advances are blatant
and crude and are inherently offensive: these
will almost always be deemed as unwelcome.
Behaviour
Unwelcome Welcome
Feels bad Feels good
One sided Reciprocal
Feels powerless In-control
Power based Equality
Unwanted Wanted
Illegal Legal
Invading Open
Demeaning Appreciative
Causes anger/sadness Happy
Causes negative self-esteem Positive self esteem
Sexual Harassment in the Workplace
can be categorized into 2 groups:
Quid Pro Quo
Hostile
Environment
Quid Pro Quo
‘Quid pro quo’ means ‘this for that’, an
exchange of one thing for another. Quid
pro quo sexual harassment takes place if :
● Sexual favours are asked in exchange for
any kind of special treatment on the job.
● An employee threatens an associate if
he/she does not consent to such sexual
advances or favours.
The act of ‘asking’ may either be verbal or implied & ‘sexual conduct’ may be
verbal or physical.In either case, it must be unwelcome.
Hostile Environment
Hostile environment sexual harassment
occurs when :
● Speech or conduct of a sexual nature takes
place & is seen as offensive (affects
performance of recipient or associates)
● Intimidating /harassing conduct that is
directed at an individual, or a group of
individuals takes place.
Is this Sexual Harassment or Not?
Aravind and Suguna are part of a team at an organisation.
Suguna reports to Aravind.
Aravind constantly tells Suguna that they should go out somewhere after
work hours, perhaps for a late night movie or dinner.
Suguna is uncomfortable but smiles and says she is busy most often!
One day, Aravind tells Suguna that if she turns down his request again, her
ratings will go down in her monthly review.
IS THIS SEXUAL HARASSMENT OR NOT?
1
Neha is part of team that reports to Neeraj who is her college Senior.
Neha is very good at her work and is assigned the most prestigious project
in the company instead of Nirav who is the senior in the team and has a lot
more work experience than Neha.
Nirav is very upset and believes that Neha has been assigned the coveted
project because they must be having a relationship. He jokes about this
with other team members and slowly this spreads around in the company.
IS THIS SEXUAL HARASSMENT OR NOT?
2
Reshma just joined as a fresher and has been undergoing training. One of
the trainers was Rashid, who was handling the New Product development.
Reshma wanted to be part of his team and approached him. On seeing
her enthusiasm and performance Rashid ensured that she would be joining
Rashid team post the training..
Reshma joined Rashid’s team. Rashid asked Reshma out for dinner a few
times and she agreed willingly. Slowly the workload increased and once
when Rashid asked Reshma out to Dinner, she refused. Rashid continued
to keep calling her and sent multitude of emails.
IS THIS SEXUAL HARASSMENT OR NOT?
3
Suman sent across pictures of some scantily clad women to Joe.
Joe requested Suman not to send him such obscene pictures in the future
as he was not comfortable with the same. But Suman continued.
IS THIS AN EXAMPLE OF HOSTILE ENVIRONMENT
SEXUAL HARASSMENT?
4
Abhi was entering the elevator and Aasuthosh came up from behind
tapped on her shoulders and told her She looked hot in the red dress.
Abhi felt uncomfortable and stared at Aasuthosh and told him to keep his
hands off and use discretion in his language. Aasuthosh apologized and it
never happened again.
IS ABHI BEING SEXUALLY HARASSED BY
AASUTHOSH?
5
Jayanthi and Ram joined together as trainees. After one year Ram started
asking Jayanthi to go out with him, which she refused. Ram sent a
message that I love you and you are my life. Jayanthi was shocked and
was so frightened and took off for two days from work.
Ram sent out another message Where are you? I miss you. Jayanthi filed a
harassment case against him.
Ram cares for Jayanthi and wants a relationship with her.
IS THIS SEXUAL HARASSMENT OR NOT?
6
Presiding Officer – Senior woman
employee from the workplace/other
admin units/office/organisations.
2 Members – Committed to the cause of
women/experience in social work/legal
knowledge
1 Member – from an NGO/other
women’s organisation/familiar with
issues relating to sexual harassment.
ICC
14
Internal Committee
Report Incident
(within 3 Months)
Complaint to
ICC
Notify Respondent
(7 Days)
Get Response
(10 Days)
Does
Respondent
Agree?
No
Yes
Enquiry
(90 Days)
Findings &
Recommendation Report
Settlement or
Punishment
Action
(60 Days)
Filing a Complaint Process
Once a complaint is received & the investigation
has been carried out, validity of the harassment
allegations will be determined.
If harassment has occurred, prompt, remedial
action will be taken.
Consequences of Sexual Harassment
Action Against Harassment can Include
● Restoration of lost terms, conditions or benefits of employment
to the complaining associate.
● Disciplination of Harasser :
➦ Written disciplinary warnings
➦ Demotion
➦ Suspension
➦ Termination
What is NOT Workplace Sexual
Harassment?
● Following-up on work absences.
● Requiring performance to job standards.
● Reprimands in relation to work/meeting targets or deadlines.
● Work-related stress e.g. meeting deadlines or quality standards.
● Touching/brushing against/pushing without a sexual connotation.
● Constructive feedback about work.
Steps to Deter
Sexual Harassment
● DO NOT IGNORE IT.
Don’t pretend it didn’t happen. Inform
the harasser that the behaviour is
unwelcome.
● REPORT THE INCIDENT.
Tell the ICC exactly what happened as
soon as possible.
● DO NOT ACCEPT THE BEHAVIOUR.
Do not tolerate the harassment even if
it seems that others around you are
tolerating it.
Steps to Deter
Sexual Harassment
● BE SUPPORTIVE.
If someone wishes to talk to you about
their personal experience, listen with
empathy and then direct them to ICC.
● ANY ASSOCIATE MAY FILE
COMPLAINTS.
If you see someone else getting
harassed, you may also file a complaint.
Protection Against
Retaliation
Retaliation includes:
● Marginalizing someone in the
workplace with regard to their roles
and responsibilities
● Socially ostracizing
● Intimidating someone close or
related to the victim; (physically,
psychologically, or emotionally)
Protection Against Retaliation
● Retaliation is a serious violation of the POSH policy .
Any form of retaliation against a victim or their supporters is forbidden.
● Persons who retaliate in the form of
- Intimidation
- Pressure to withdraw the case
- Threats (for reporting, testifying or participating in the proceedings)
should be reported to the Committee immediately.
● Retaliation will be treated as a major misconduct and the Committee will
take action to prevent/rectify the retaliation.
● Any person found to have retaliated against an individual for reporting
harassment will be subject to disciplinary procedures.
Consensual Relationships
● Consensual relationships are not harassment if they are welcomed by the
person involved.
● However, if such behaviour is unwelcome, such behaviour is considered
creating a hostile environment.
If a consensual relationship ceases to exist
➔ Conduct once considered welcome may later be seen as unwelcome.
➔ Either person may end the relationship, at any point in time, without fear of
retaliation at the job.
➔ Behaviour that was welcome within a consensual relationship becomes
unwelcome and it will be treated as sexual harassment.
Thank You!
Questions?

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POSH Slides.pdf

  • 1. Prevention Of Sexual Harassment in the Workplace
  • 2. Indian Law on Sexual Harassment The objective of these laws is Prevention + Protection + Redressal Indian Constitution The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 1997: Vishaka vs. State of Rajasthan The Indian Penal Code, 1860
  • 3. Workplace Sexual Harassment Workplace Sexual Harassment is behaviour that is : - UNWELCOME - SEXUAL in nature - A SUBJECTIVE experience IMPACT not INTENT is what matters Often occurs in a matrix of power.
  • 4. What Constitutes Sexual Harassment? Physical Contact & Advances Demanding or Requesting Sexual Favours Showing Pornography Sexually Coloured Remarks
  • 5. What is the Workplace? Any place visited by the employee in the course of employment including transportation is construed as the workplace. This includes: ● Company guest houses ● Hotel stay during official travel ● Client place, etc.
  • 6. Who are Covered? ● Full time employees ● Temporary workers ● Contract workers ● Daily wage employees ● Trainees ● Interns ● Contractual workers ● Housekeeping ● Security ● Client representatives ● Vendor representatives ● Volunteers with/without remuneration
  • 7. Examples of Sexual Harassment ● Staring, leering, obscene gestures, howling, making kissing sounds, smacking lips ● Showing sexually obscene/suggestive signs, objects or pictures ● Indecent comments, dirty jokes, comments on a woman’s dress/body ● Using power positions to request for favours or threats on loss of privileges/loss of job ● Touching, petting, caressing, kissing, brushing against another’s body ● Blocking, following and cornering
  • 8. Examples of Sexual Harassment ● Referring as honey, sweety etc., or making innuendos ● Making work discussions sound sexual ● Telling sexual jokes or stories ● Asking about sexual fantasies, spreading lies of sexual nature ● Winking, licking lips ● Touching a person’s clothing, stalking continued PHYSICAL ASSAULT AND RAPE
  • 9. What is meant by “Unwelcome” ? ● Any conduct or behaviour is unwelcome if: - the recipient does not consent to it. - regards it as offensive. ● Even if the victim does not complain, it doesn’t necessarily imply that the conduct is welcome. ● Some comments and/or advances are blatant and crude and are inherently offensive: these will almost always be deemed as unwelcome.
  • 10. Behaviour Unwelcome Welcome Feels bad Feels good One sided Reciprocal Feels powerless In-control Power based Equality Unwanted Wanted Illegal Legal Invading Open Demeaning Appreciative Causes anger/sadness Happy Causes negative self-esteem Positive self esteem
  • 11. Sexual Harassment in the Workplace can be categorized into 2 groups: Quid Pro Quo Hostile Environment
  • 12. Quid Pro Quo ‘Quid pro quo’ means ‘this for that’, an exchange of one thing for another. Quid pro quo sexual harassment takes place if : ● Sexual favours are asked in exchange for any kind of special treatment on the job. ● An employee threatens an associate if he/she does not consent to such sexual advances or favours. The act of ‘asking’ may either be verbal or implied & ‘sexual conduct’ may be verbal or physical.In either case, it must be unwelcome.
  • 13. Hostile Environment Hostile environment sexual harassment occurs when : ● Speech or conduct of a sexual nature takes place & is seen as offensive (affects performance of recipient or associates) ● Intimidating /harassing conduct that is directed at an individual, or a group of individuals takes place.
  • 14. Is this Sexual Harassment or Not?
  • 15. Aravind and Suguna are part of a team at an organisation. Suguna reports to Aravind. Aravind constantly tells Suguna that they should go out somewhere after work hours, perhaps for a late night movie or dinner. Suguna is uncomfortable but smiles and says she is busy most often! One day, Aravind tells Suguna that if she turns down his request again, her ratings will go down in her monthly review. IS THIS SEXUAL HARASSMENT OR NOT? 1
  • 16. Neha is part of team that reports to Neeraj who is her college Senior. Neha is very good at her work and is assigned the most prestigious project in the company instead of Nirav who is the senior in the team and has a lot more work experience than Neha. Nirav is very upset and believes that Neha has been assigned the coveted project because they must be having a relationship. He jokes about this with other team members and slowly this spreads around in the company. IS THIS SEXUAL HARASSMENT OR NOT? 2
  • 17. Reshma just joined as a fresher and has been undergoing training. One of the trainers was Rashid, who was handling the New Product development. Reshma wanted to be part of his team and approached him. On seeing her enthusiasm and performance Rashid ensured that she would be joining Rashid team post the training.. Reshma joined Rashid’s team. Rashid asked Reshma out for dinner a few times and she agreed willingly. Slowly the workload increased and once when Rashid asked Reshma out to Dinner, she refused. Rashid continued to keep calling her and sent multitude of emails. IS THIS SEXUAL HARASSMENT OR NOT? 3
  • 18. Suman sent across pictures of some scantily clad women to Joe. Joe requested Suman not to send him such obscene pictures in the future as he was not comfortable with the same. But Suman continued. IS THIS AN EXAMPLE OF HOSTILE ENVIRONMENT SEXUAL HARASSMENT? 4
  • 19. Abhi was entering the elevator and Aasuthosh came up from behind tapped on her shoulders and told her She looked hot in the red dress. Abhi felt uncomfortable and stared at Aasuthosh and told him to keep his hands off and use discretion in his language. Aasuthosh apologized and it never happened again. IS ABHI BEING SEXUALLY HARASSED BY AASUTHOSH? 5
  • 20. Jayanthi and Ram joined together as trainees. After one year Ram started asking Jayanthi to go out with him, which she refused. Ram sent a message that I love you and you are my life. Jayanthi was shocked and was so frightened and took off for two days from work. Ram sent out another message Where are you? I miss you. Jayanthi filed a harassment case against him. Ram cares for Jayanthi and wants a relationship with her. IS THIS SEXUAL HARASSMENT OR NOT? 6
  • 21. Presiding Officer – Senior woman employee from the workplace/other admin units/office/organisations. 2 Members – Committed to the cause of women/experience in social work/legal knowledge 1 Member – from an NGO/other women’s organisation/familiar with issues relating to sexual harassment. ICC 14 Internal Committee
  • 22. Report Incident (within 3 Months) Complaint to ICC Notify Respondent (7 Days) Get Response (10 Days) Does Respondent Agree? No Yes Enquiry (90 Days) Findings & Recommendation Report Settlement or Punishment Action (60 Days) Filing a Complaint Process
  • 23. Once a complaint is received & the investigation has been carried out, validity of the harassment allegations will be determined. If harassment has occurred, prompt, remedial action will be taken. Consequences of Sexual Harassment
  • 24. Action Against Harassment can Include ● Restoration of lost terms, conditions or benefits of employment to the complaining associate. ● Disciplination of Harasser : ➦ Written disciplinary warnings ➦ Demotion ➦ Suspension ➦ Termination
  • 25. What is NOT Workplace Sexual Harassment? ● Following-up on work absences. ● Requiring performance to job standards. ● Reprimands in relation to work/meeting targets or deadlines. ● Work-related stress e.g. meeting deadlines or quality standards. ● Touching/brushing against/pushing without a sexual connotation. ● Constructive feedback about work.
  • 26. Steps to Deter Sexual Harassment ● DO NOT IGNORE IT. Don’t pretend it didn’t happen. Inform the harasser that the behaviour is unwelcome. ● REPORT THE INCIDENT. Tell the ICC exactly what happened as soon as possible. ● DO NOT ACCEPT THE BEHAVIOUR. Do not tolerate the harassment even if it seems that others around you are tolerating it.
  • 27. Steps to Deter Sexual Harassment ● BE SUPPORTIVE. If someone wishes to talk to you about their personal experience, listen with empathy and then direct them to ICC. ● ANY ASSOCIATE MAY FILE COMPLAINTS. If you see someone else getting harassed, you may also file a complaint.
  • 28. Protection Against Retaliation Retaliation includes: ● Marginalizing someone in the workplace with regard to their roles and responsibilities ● Socially ostracizing ● Intimidating someone close or related to the victim; (physically, psychologically, or emotionally)
  • 29. Protection Against Retaliation ● Retaliation is a serious violation of the POSH policy . Any form of retaliation against a victim or their supporters is forbidden. ● Persons who retaliate in the form of - Intimidation - Pressure to withdraw the case - Threats (for reporting, testifying or participating in the proceedings) should be reported to the Committee immediately. ● Retaliation will be treated as a major misconduct and the Committee will take action to prevent/rectify the retaliation. ● Any person found to have retaliated against an individual for reporting harassment will be subject to disciplinary procedures.
  • 30. Consensual Relationships ● Consensual relationships are not harassment if they are welcomed by the person involved. ● However, if such behaviour is unwelcome, such behaviour is considered creating a hostile environment. If a consensual relationship ceases to exist ➔ Conduct once considered welcome may later be seen as unwelcome. ➔ Either person may end the relationship, at any point in time, without fear of retaliation at the job. ➔ Behaviour that was welcome within a consensual relationship becomes unwelcome and it will be treated as sexual harassment.