Prevention of Sexual Harassment

[Audio] Prevention Of Sexual Harassment in the workplace.

Indian Law on Sexual Harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 commonly referred as “POSH Act” is an Indian law with the objective of making workplaces safer for women by preventing, prohibiting and redressing acts of sexual harassment against them in workplace.

[image]. WORKPLACE. SEXUAL HARASSMENT. Workplace Sexual Harassment is behavior 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 such as touching or pinching. Abusive Sounds Making sexually colored remarks Using sexually abusive language or signs in the presence of woman employee Showing pornography or the likes Stalking vulgar/indecent jokes, phone calls, text massages, e-mails Physical confinement or touches against the will and likely to intrude upon one’s privacy Demand or request for sexual favors Invasion of personal space(getting too close, brushing against or cornering someone)..

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.

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.

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.

IMPACTS OF INAPPROPRIATE BEHAVIOR. PROFESSIONAL IMPACTS PERSONAL IMPACTS Decreased work performance Depression, anxiety and panic attacks, traumatic stress Increased absenteeism, Loss of pay Sleepless, shame, guilt and self-blame Subjected to gossip and scrutiny at workplace Headache, fatigue and loss of motivation, personal difficulties with time. Being ostracized Loss of confidence and self esteem Career consequences Overall lost of trust in people Defamation Feeling angry towards the respondent.

Sexual Harassment in the Workplace can be categorized into 2 groups:.

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..

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..

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Internal Committee. ICC. Presiding Officer – Devi Nanditha B..

Procedure for Complaint Filing. Any aggrieved woman may make a complaint in writing with any member of ICC preferable within a period of 3 months of the date of incident of sexual harassment or in case of series of incidents, with in a period of 3 months from the date of last incident. The Complainant shall file minimum six copies of the complaint..

Filing a Complaint Process. [image] A diagram of a complaint process Description automatically generated.

WHAT SHOULD THE COMPLAINT CONTAIN?. Complaint Content Description of Incidents Date Timings Respondent’s Name Parties working Relationship.

Consequences of Sexual Harassment. 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..

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.

DO NOT IGNORE IT. Don’t pretend it didn’t happen. Inform the harasser that the behavior 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..

[image]. 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..

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 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..

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