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Prevention of Sexual
Harassment at Workplace
(PoSH)
No employee shall be subjected to sexual
harassment at workplace
Section 3(1) of the Act
Prevent Sexual Harassment
Sexual Harassment at Workplace?
52% Employees experience Sexual Harassment at Workplace
32% of employees weren’t aware that jokes could be considered
sexual harassment.
70% of employees believe that their complaints are not taken
seriously
72% of victims were harassed by someone senior
46% of victims fear retaliation
Laws Governing Sexual
Harassment
 The Sexual Harassment of women at workplace
(Prevention, Prohibition and Redressal) Act, 2013 and Rules
made thereunder.
 Indian Penal Code (Section 209, 354, 376 and 509), 1860;
and
 Industrial Employment (Standing Orders) Act, 1946
Why is POSH Important
• Tarun J Tejpal chief editor of Tehelka Magazine. In November
2013 , was accused him of sexual assault in a hotel in Goa. Tejpal was arrested by
Goa police and has been kept in jail ever since his arrest
• Phaneesh Murti had to resign from Infosys in 2002, after his
secretary Rekha accused him of sexual harassment result was Infosys settled for 3
million dollars out of court.
• Mr Ashok Kumar Ganguly the former judge of Supreme
Court has to step down as Head of the West Bengal Human Rights Commission
in 2014 April after a student accused him of sexually harassing her in a hotel room
What is at stake?
× Loss of money
× Loss of Business
× Loss of Brand Value
× Loss of employee Morale
× Loss of Trust
What is Sexual Harassment?
ANY
UNWELCOME ACT or behavior
SEXUAL in nature
A SUBJECTIVE experience
IMPACT not the Intent that matters
SCOPE
→ Work Place – Physical
→ Work Place - Virtual
→ Employee
→ Vendors
→ Customers
→ Co-working spaces
Sexual Harassment
× Making sexually suggestive remarks or innuendos.
× Serious or repeated offensive remarks, such as teasing related
to a person’s body or appearance.
× Offensive comments or jokes.
× Inappropriate questions, suggestions or remarks about a
person’s sex life.
× Displaying offensive pictures, posters, mms, sms, whatsapp, or
e-mails.
× Intimidation, threats, blackmail around sexual favours.
× Threats, intimidation or retaliation against an employee who
speaks up about unwelcome behaviour with sexual overtones.
× Unwelcome social invitations, with sexual overtones commonly
understood as flirting.
× Unwelcome sexual advances which may or may not be accompanied
by promises or threats, explicit or implicit.
× Physical contact such as touching or pinching.
× Caressing, kissing or fondling someone against her will (could be
considered assault).
× Invasion of personal space (getting too close for no reason, brushing
against or cornering someone).
× Persistently asking someone out, despite being turned down.
× Stalking an individual physically or online
× Abuse of authority or power to threaten a person’s job or undermine
her performance against sexual favours.
× Falsely accusing and undermining a person behind closed doors for
sexual favours.
× Controlling a person’s reputation by rumour-mongering about her
private life.
Sexual Harassment
Types of Sexual Harassment
Quid Pro Quo
• A promotion
• Benefits or a favorable
work shift
• A raise or payouts
• Easier or fewer job
assignments
• Prevent job loss
• Job acceptance
Hostile Work Env.
• Comments and jokes
with a sexual nature
• Sharing inappropriate
content with sexual
innuendo
• Unwelcome sexual
advances or physical
conduct such as groping
• Inappropriate touching
• Sexual assault or sexual
violence
Harassment but Not Sexual
× Criticizing, insulting, blaming, reprimanding or condemning an employee in public.
× Exclusion from group activities or assignments without a valid reason.
× Statements damaging a person’s reputation or career.
× Removing areas of responsibility, unjustifiably.
× Inappropriately giving too little or too much work.
× Constantly overruling authority without just cause.
× Unjustifiably monitoring everything that is done.
× Blaming an individual constantly for errors without just cause.
× Repeatedly singling out an employee by assigning her with demeaning and belittling
jobs that are not part of her regular duties.
× Insults or humiliations, repeated attempts to exclude or isolate a person.
× Systematically interfering with normal work conditions, sabotaging places or
instruments of work.
× Humiliating a person in front of colleagues, engaging in smear campaigns.
× Arbitrarily taking disciplinary action against an employee.
× Controlling the person by withholding resources (time, budget, autonomy, and
training) necessary to succeed.
Not Harassment
 Following-up on work absences.
 Requiring performance to job standards.
 The normal exercise of management rights.
 Work-related stress e.g. meeting deadlines or quality standards.
 Conditions of works.
 Constructive feedback about the work mistake and not the person.
What to do?
Write down everything that happens and
is said. Include dates, times and locations
and include any witness statements. Keep
copies of all written and verbal
communications.
Report the harassment to your boss,
supervisor or human resources
department in writing.
Do not delay in bringing a complaint because
under law you may only have 180 days
Instructing Minors – Use Caution
× Do not punish any child physically, tease, humiliate or
use harsh words
× It is inappropriate to initiate a hug with a student.
× Ensure to touch the equipment to demonstrate
physical techniques.
× If you are alone with a student in a classroom, ensure
to keep all doors and windows open
× Never drive a student in/on your vehicle.
× Don't enquire about the family/personal life of any
student.
× Don’t accept any gifts / chocolates etc. from
students.
Social media contact– “Zero Tolerance”
 Set your profile to the highest security setting possible
 Mention to the classroom that you never add any students to
your account on social media.
 Consider changing your name to something else, many
teachers do this.
 If a student contacts you, do not respond. Discuss with school
management if you receive several requests.
 Do not follow students on any social media like Instagram,
snapchat etc.
 Do not exchange phone number with students
 Do not send any personal message to any students. Always
communicate through group messages.
These precautions will also help reduce the likelihood
of you ever being accused of misconduct by another
person.
POSH Investigation
STAGE 1
Filing of a complaint:
written complaint
six copies
supporting documents
names and addresses of the witnesses
STAGE 2
Respondent
Intermediate action
copy of such complaint within seven days
respondent is mandated to file a reply within ten days
POSH Investigation
STAGE 3
The complainant gets the choice to settle the matter.
conciliation before commencing any inquiry proceeding
do not suggest a compromise
no monetary settlement
STAGE 4
Inquiry Proceedings
IC has powers of a civil court
entitled to give an ex-parte decision, with written notice
15 days in advance
inquiry must be completed within 90 days
POSH Investigation
STAGE 5
Submission of Report
submit a report with its conclusions from the inquiry
should recommend necessary action
action must be taken within 60 days
names and addresses of the witnesses
Actions that can be taken against the perpetrator
Termination
Loss of Pay
Demotion
Confidentiality
• confidentiality is at the core of any POSH
Investigation.
• not be within the scope of the Right to
Information Act, 2005.
• must not be addressed to the press or social
media in any manner
Punishment for FALSE Compliant
or FALSE Evidence
If an Employee is found to have raised a malicious or false Complaint or given any
false evidence, such complainant or such person making evidence will be subject to
appropriate disciplinary action, which may include
 Termination of employment,
 Holding back Bonus, Increments and/or Promotions
 Taking legal action
Refrain from….
 Behavior that may offend or hurt people at your workplace;
 Behavior that cause harassment to any women employee at your
workplace;
 Behavior that may be interpreted by another as sexual harassment;
 Behavior that may support sexual harassment in any manner;
 Disbelieving a woman when she shares about harassment.
Remember that sexual harassment is ‘Unwelcome Behavior’.
 Involvement in trivializing the matter of sexual harassment;
 Filing or supporting any malicious or false complaint;
 Producing any false evidence of sexual harassment.
What can you do?
 Be Professional all the time;
 Set a positive example;
 Think before making personnel comments;
 Be supportive of people who wish to talk about being sexually
harassed;
 Direct them to the appropriate persons/authorities;
 Hold the harasser accountable for his actions. Don’t make excuses for
him;
 Demand that the harassment be stopped;
 Report sexual harassment to responsible person in the organization.
Say ‘No’ to Sexual Harassment

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posh_24th May 2023 - Prakruti.pptx

  • 1. Prevention of Sexual Harassment at Workplace (PoSH)
  • 2. No employee shall be subjected to sexual harassment at workplace Section 3(1) of the Act Prevent Sexual Harassment
  • 3. Sexual Harassment at Workplace? 52% Employees experience Sexual Harassment at Workplace 32% of employees weren’t aware that jokes could be considered sexual harassment. 70% of employees believe that their complaints are not taken seriously 72% of victims were harassed by someone senior 46% of victims fear retaliation
  • 4. Laws Governing Sexual Harassment  The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules made thereunder.  Indian Penal Code (Section 209, 354, 376 and 509), 1860; and  Industrial Employment (Standing Orders) Act, 1946
  • 5. Why is POSH Important • Tarun J Tejpal chief editor of Tehelka Magazine. In November 2013 , was accused him of sexual assault in a hotel in Goa. Tejpal was arrested by Goa police and has been kept in jail ever since his arrest • Phaneesh Murti had to resign from Infosys in 2002, after his secretary Rekha accused him of sexual harassment result was Infosys settled for 3 million dollars out of court. • Mr Ashok Kumar Ganguly the former judge of Supreme Court has to step down as Head of the West Bengal Human Rights Commission in 2014 April after a student accused him of sexually harassing her in a hotel room
  • 6. What is at stake? × Loss of money × Loss of Business × Loss of Brand Value × Loss of employee Morale × Loss of Trust
  • 7. What is Sexual Harassment? ANY UNWELCOME ACT or behavior SEXUAL in nature A SUBJECTIVE experience IMPACT not the Intent that matters
  • 8. SCOPE → Work Place – Physical → Work Place - Virtual → Employee → Vendors → Customers → Co-working spaces
  • 9. Sexual Harassment × Making sexually suggestive remarks or innuendos. × Serious or repeated offensive remarks, such as teasing related to a person’s body or appearance. × Offensive comments or jokes. × Inappropriate questions, suggestions or remarks about a person’s sex life. × Displaying offensive pictures, posters, mms, sms, whatsapp, or e-mails. × Intimidation, threats, blackmail around sexual favours. × Threats, intimidation or retaliation against an employee who speaks up about unwelcome behaviour with sexual overtones. × Unwelcome social invitations, with sexual overtones commonly understood as flirting.
  • 10. × Unwelcome sexual advances which may or may not be accompanied by promises or threats, explicit or implicit. × Physical contact such as touching or pinching. × Caressing, kissing or fondling someone against her will (could be considered assault). × Invasion of personal space (getting too close for no reason, brushing against or cornering someone). × Persistently asking someone out, despite being turned down. × Stalking an individual physically or online × Abuse of authority or power to threaten a person’s job or undermine her performance against sexual favours. × Falsely accusing and undermining a person behind closed doors for sexual favours. × Controlling a person’s reputation by rumour-mongering about her private life. Sexual Harassment
  • 11. Types of Sexual Harassment Quid Pro Quo • A promotion • Benefits or a favorable work shift • A raise or payouts • Easier or fewer job assignments • Prevent job loss • Job acceptance Hostile Work Env. • Comments and jokes with a sexual nature • Sharing inappropriate content with sexual innuendo • Unwelcome sexual advances or physical conduct such as groping • Inappropriate touching • Sexual assault or sexual violence
  • 12. Harassment but Not Sexual × Criticizing, insulting, blaming, reprimanding or condemning an employee in public. × Exclusion from group activities or assignments without a valid reason. × Statements damaging a person’s reputation or career. × Removing areas of responsibility, unjustifiably. × Inappropriately giving too little or too much work. × Constantly overruling authority without just cause. × Unjustifiably monitoring everything that is done. × Blaming an individual constantly for errors without just cause. × Repeatedly singling out an employee by assigning her with demeaning and belittling jobs that are not part of her regular duties. × Insults or humiliations, repeated attempts to exclude or isolate a person. × Systematically interfering with normal work conditions, sabotaging places or instruments of work. × Humiliating a person in front of colleagues, engaging in smear campaigns. × Arbitrarily taking disciplinary action against an employee. × Controlling the person by withholding resources (time, budget, autonomy, and training) necessary to succeed.
  • 13. Not Harassment  Following-up on work absences.  Requiring performance to job standards.  The normal exercise of management rights.  Work-related stress e.g. meeting deadlines or quality standards.  Conditions of works.  Constructive feedback about the work mistake and not the person.
  • 14. What to do? Write down everything that happens and is said. Include dates, times and locations and include any witness statements. Keep copies of all written and verbal communications. Report the harassment to your boss, supervisor or human resources department in writing. Do not delay in bringing a complaint because under law you may only have 180 days
  • 15. Instructing Minors – Use Caution × Do not punish any child physically, tease, humiliate or use harsh words × It is inappropriate to initiate a hug with a student. × Ensure to touch the equipment to demonstrate physical techniques. × If you are alone with a student in a classroom, ensure to keep all doors and windows open × Never drive a student in/on your vehicle. × Don't enquire about the family/personal life of any student. × Don’t accept any gifts / chocolates etc. from students.
  • 16. Social media contact– “Zero Tolerance”  Set your profile to the highest security setting possible  Mention to the classroom that you never add any students to your account on social media.  Consider changing your name to something else, many teachers do this.  If a student contacts you, do not respond. Discuss with school management if you receive several requests.  Do not follow students on any social media like Instagram, snapchat etc.  Do not exchange phone number with students  Do not send any personal message to any students. Always communicate through group messages. These precautions will also help reduce the likelihood of you ever being accused of misconduct by another person.
  • 17. POSH Investigation STAGE 1 Filing of a complaint: written complaint six copies supporting documents names and addresses of the witnesses STAGE 2 Respondent Intermediate action copy of such complaint within seven days respondent is mandated to file a reply within ten days
  • 18. POSH Investigation STAGE 3 The complainant gets the choice to settle the matter. conciliation before commencing any inquiry proceeding do not suggest a compromise no monetary settlement STAGE 4 Inquiry Proceedings IC has powers of a civil court entitled to give an ex-parte decision, with written notice 15 days in advance inquiry must be completed within 90 days
  • 19. POSH Investigation STAGE 5 Submission of Report submit a report with its conclusions from the inquiry should recommend necessary action action must be taken within 60 days names and addresses of the witnesses Actions that can be taken against the perpetrator Termination Loss of Pay Demotion
  • 20. Confidentiality • confidentiality is at the core of any POSH Investigation. • not be within the scope of the Right to Information Act, 2005. • must not be addressed to the press or social media in any manner
  • 21. Punishment for FALSE Compliant or FALSE Evidence If an Employee is found to have raised a malicious or false Complaint or given any false evidence, such complainant or such person making evidence will be subject to appropriate disciplinary action, which may include  Termination of employment,  Holding back Bonus, Increments and/or Promotions  Taking legal action
  • 22. Refrain from….  Behavior that may offend or hurt people at your workplace;  Behavior that cause harassment to any women employee at your workplace;  Behavior that may be interpreted by another as sexual harassment;  Behavior that may support sexual harassment in any manner;  Disbelieving a woman when she shares about harassment. Remember that sexual harassment is ‘Unwelcome Behavior’.  Involvement in trivializing the matter of sexual harassment;  Filing or supporting any malicious or false complaint;  Producing any false evidence of sexual harassment.
  • 23. What can you do?  Be Professional all the time;  Set a positive example;  Think before making personnel comments;  Be supportive of people who wish to talk about being sexually harassed;  Direct them to the appropriate persons/authorities;  Hold the harasser accountable for his actions. Don’t make excuses for him;  Demand that the harassment be stopped;  Report sexual harassment to responsible person in the organization.
  • 24. Say ‘No’ to Sexual Harassment