How to write an effective POSH Complaint?

*POSH: Prevention of Sexual Harassment

“I was harassed by them,” as true as this may sound, it may never be enough for the Internal Committee (POSH Committee) of your organization to take up this POSH complaint.

At this point in time, I would like to acknowledge that it takes an enormous amount of courage to even make a POSH complaint, and it can often be a lonely or alienating journey.

Treat this mini-blog as the first point of support for you when you decide to make a POSH complaint. A ready-made template has also been provided at the end of this blog for your use.

Here are the basics that you need to include in the POSH complaint:

WHO:

• Who is the complaint against?
• Who are the witnesses?

?WHAT:

• What are the instances of sexual harassment?
• What evidence do you have available?
• What impact has this had on you?

WHEN:

• When did the last instance of harassment take place?
• If multiple instances, please mention each and when they occurred.

WHY:

• Why do you believe this is harassment?
• Does this fall under Quid Pro Quo* or Hostile Work Environment**

WHERE:

• Where did the last instance of harassment take place?

HOW:

• How did the harassment occur?
• How would you like to proceed? (Formal/Informal)

Here are some important points to know about a POSH complaint:

1. POSH complaints can be made against any gender.
2. As per the Act, the complaint should be filed within 90 days of the last incident.
3. You also have other forums available if you don't want to complain to your employer. For more details, read: Where can I make a POSH complaint beyond the internal committee?
4. A copy of the complaint will be shared with the respondent (the person against whom the complaint has been made) as mandated by the Act.

Sharing some important definitions which will help with the 'WHY' section stated above:

* Quid Pro Quo: “Quid pro quo” literally means “this for that” in Latin. Quid pro quo sexual harassment occurs when employment, pay, benefits, title, position, or other opportunities for advancement or training are conditioned on the submission to unwelcome sexual advances. Whether the harassment is explicit or implicit, it is illegal.

**Hostile Work Environment: Creating an intimidating, offensive, or hostile work environment that makes it difficult for the employee to operate. The sexual intent in such instances may be implicit or explicit.?

To understand some important definitions, I also recommend reading the Handbook on Sexual Harassment created by the Ministry of Women and Child Development. You can download it from our free resources section: Free POSH Resource ?

Please don't miss the sample POSH complaint format at the end of this blog!

Sending you strength to make your POSH complaint!

POSHitive was started as a mini-blog by Safe Spaces Inc to simplify POSH compliance into bite-sized pieces easily understood by all. For support on POSH Compliance related services, POSH Trainings, or Diversity, Equity, Inclusion, and Belonging trainings, visit Safe Spaces Inc website or write to us at [email protected] .

Please note that this blog is meant to help you with practical aspects of POSH Compliance and should not replace formal or legal advice. This blog was originally published at POSHitive blog by Safe Spaces Inc.

POSH Complaint format sample:?

[Your Name] ???[Date]

[Your Position/Department]

[Your Contact Information]

[Name of Internal Committee Member / The Internal Committee]

[Company/Organization Name]

Subject: Sexual Harassment Complaint

Dear [Internal Committee/ Name of the Internal Committee Member],

I am writing to formally lodge a complaint of sexual harassment within [Company/Organization Name]. The details of the incident are outlined below:

1. Who: The incident involves [Name(s) of Alleged Perpetrator(s)], with witnesses [Names of Witnesses, if applicable].

2. What: The nature of the harassment includes [Description of the Harassment Incident].

3. When: The incident occurred on [Date(s) of the Incident(s)].

4. Where: The incident took place at [Location(s) of the Incident(s)] within the premises of [Company/Organization Name] or during work related engagements

5. Why: The behavior was unwelcome, created a hostile work environment/ or there was a Quid Pro Quo (This for that) expectation, and violated the company's policy on sexual harassment.

6. How: The harassment was manifested through [Description of the Method(s) Used].

7. Impact on the Employee: [Describe the impact the harassment has had on you, emotionally, psychologically, or otherwise].

8. Available Evidence: [List and attach any available evidence such as emails, messages, witnesses' statements, etc., that support the complaint].

I request that the Internal Committee conducts a thorough investigation into this matter and takes appropriate action to address and prevent any further occurrences. Additionally, I kindly request any interim measures applicable to ensure my safety and well-being during the investigation period. I am available to provide further information and to participate in any discussions or hearings related to this complaint.?

Thank you for your prompt attention to this matter

Sincerely,

[Your Name] [Your designation]