#WorkplaceWoes2

When incidents of sexual harassment occur during the hiring process, such as being asked obscene questions in an interview, it can be deeply distressing and may deter individuals from pursuing opportunities in that environment or similar ones. The Prevention of Sexual Harassment (POSH) Act is designed to address and prevent such behavior, extending its protection not only to existing employees but also to job applicants. This legislation underscores the principle that every individual has the right to a respectful and safe interaction in professional settings, including interviews.

Under the POSH Act, sexual harassment is broadly defined to include any unwelcome behavior of a sexual nature, whether it is verbal, non-verbal, or physical. The law mandates that organizations implement policies and procedures to prevent and address complaints of sexual harassment, ensuring a mechanism for redressal is accessible even to those who are not yet part of the organization.

And, in case anyone reading this note is wondering what questions could fall under inappropriate category, I am also sharing a few indicative questions here for easy reference-

"What gender were you born as?"

"Have you undergone any surgeries to change your gender?"

"Do you plan to get married or have children soon?"

"How would marriage/children affect your career?"

"As a woman, how do you plan to balance work and family?"

"What is your sexual orientation?"

"Are you gay? Your resume mentioned LGBT organizations."

"This job is usually done by men, do you think you can handle it?"

"We typically have women in this role because they are more nurturing. How do you fit in?"

"Do you always dress this way for work?"

"Would you be comfortable wearing more feminine/masculine attire?"

For individuals who find themselves in such unfortunate circumstances, the POSH Act provides a framework to seek justice and hold the perpetrators accountable.

Here are a few options:

1. Locate the Company's Internal Committee details. This information must be available in every premise of any entity, and must be accessible to its employees as well as visitors such as an interview candidate. Look for the posters in the waiting area, washroom, cafeteria as such. If you are not able to find any, please know that the Company is already in violation of the POSH Act (which is a good information for you to know). Probe further and ask the people at the reception, or even the HR for the same details. If they do not have any information, or refuse to share the details of the Internal Committee, document that.
2. If you are able to get their details, send the Committee an email detailing your experience and if it is a well trained Committee, you should hear back from them within 72 hours.
3. If you are unable to get their details, send an email to the HR/any other higher up authority detailing your experience and asking for resolve.

From here, several steps can branch out, the Company may respectfully take up this matter and extend all necessary support or completely refuse to play any role. And there is recourse for that as well. We will answer these questions in other note. Today, it was ensuring that all of you reading this note here understand that the provision for safeguarding a respectful workplace experience exists for visitors, and non-employee groups as well under the POSH Act.

Have any specific question? Send me a dm or leave one in comment. Will definitely address them in the upcoming editions.