Workplace harassment and sexual harassment at the workplace are both unacceptable. But, the behavior that falls under workplace harassment is not punishable under the POSH act of the Indian government. Workplace harassment under the sexual harassment law includes spreading rumors, excluding or isolating someone, intimidating a person, deliberately harming a person’s work, giving the wrong information, yelling, and using abusive language, constantly criticizing, underserved punishment, not granting leave and promotions.
What if you face workplace harassment? What to do so?
If you face such bullying or observe your colleague being bullied, present the proof and complaint of the same to your respective HRBP and necessary action will be taken. The act prevents and provides protection against, sexual harassment. Sexual harassment violates the fundamental rights of women to equivalence under article 14 and article 15 of the constitution of India and her right to life and live with dignity under Article 21 of the constitution and right to practice any profession, which includes a right to a safe environment from sexual harassment. As we know sexual harassment was made a criminal offense in 2013 after the landmark Vishakha judgment, 1997. It existed an outcome of a rape case pertaining to a social worker in Rajasthan and enacted the regulations for employers marketing with grievances of sexual assault and stipulated the construction of committed to eliminating complaints from victims. Employers with more than ten parole should follow the following responsibilities-
- Provide a safe working environment.
- Display the penal consequences of sexual harassment.
- The display order of the constitution of the Internal Committee.
- Secure attendance of respondents and witnesses.
- Make available all information to internal committees.
- Orientation for members of the internal committee.
- Workshop and awareness program.
- Initiate action under IPC against perpetrators.
- Facilitate the Internal committee to conduct an inquiry.
- Monitor timely submission of reports.
Though sexual harassment involves physical advances, many employees don’t realize that sexual harassment and abuse don’t bring into the world which doesn’t involve physical touching. You could be the victim of sexual harassment or abuse in the workplace following a look, gesture, or words from a coworker or supervisor.
A hostile workplace environment can be created in various forms such as verbal, visual, physical, psychological, quid pro quo. Verbal includes making sexual sounds or noises, issuing sexual remarks and compliments, using obscene and offensive language, telling inappropriate sexual jokes, inquiring about a person’s sex life, badgering someone into going on a date, spreading the sexual rumor. Visual includes, posting pictures of pornography, obscene graffiti, sending sexual jokes or messages on WhatsApp or Facebook, or any other social media platform. Physical includes, unwelcome touching or grabbing, direct and cyberstalking sexual abuse, sexual assault, or rape. Psychologically means few statements like, let me drop you home it is quite late for you to travel alone, you look tired! I can help you relax apart from this sending WhatsApp or FB messages which are sexually colored. Quid pro quo (“this for that”) refers to workplace situations in which an employer or job applicant’s submission to or rejection of sexual advances or method of a sexual nature is used as the rationale for assistance judgments involving that individual. Quid pro quo includes requesting sexual favors as a condition for hiring and promotion, threatening to terminate, transfer, demote if sexual favors are not given, giving an employee promotion because of real or expected sexual favors, giving an employer a favorable assignment in a tourist location, expecting sexual favors.
How can you, as an individual contribute towards PoSH at work?
If you are being targeted, let the person know that such behavior will not be tolerated. If a person puts together a lewd comment or gesture, ask him not to. If you are an observer of the incident that happened in the presence, you must report it to the manager or HR immediately, else you are a party to the crime, and appropriate action will be taken against you as well.
What part of no don’t you understand?
Appropriate use of the internet and email employees should not forward the offensive emails from another source to each other; by doubt so they make themselves responsible for the material. Email communications are not private. Employees should be aware that evidence of emails sent and websites accessed remains on a computer system even after they have been deleted by individual users. Employees should be careful with words, what they think is a joke might be offensive for the other person so it is better to be careful with words.
What are the responsibilities HR or management handle?
Ensure those proper standards of conduct are maintained at all times, that harassment is actively discouraged, and that employees are aware of the company’s policy. HRs Dan also organise PoSH awareness training for employees. HRS should ensure that of their staff and their behavior do not create circumstances that may lead to discrimination or harassment. Promptly refer any complaints to the Internal complaints committee and ensure the case confidentially. As soon as the complaint is received, appropriate actions have to be taken to resolve the complaint given. The proper investigation had to be started immediately and all proofs had to be preserved.
What are the obligations staff have?
Comply with the organizations’ sexual harassment policy and get PoSH training certification. Give assistance to anyone who is being harassed and let them understand where they can get help and information (they should not, however, approach the harasser themselves). Maintain complete confidentiality if they provide information during the investigation of a complaint. They should avoid spreading gossip and rumors about the incident or details that they are aware of. Anybody who is aware of any harassment taking place in the organization and does not highlight harassment is equally responsible for the act.
Conclusion- It’s not the intent that matters but the impact of behavior that counts. The harasser can be anyone you work with or are in contact with as part of your employment. The aggrieved person can be anyone affected by the offensive conduct in the workplace. The act extends to the third party contractual same or opposite gender.
mudsmanagement 