Is your Organization Zero-Tolerant to Sexual Harassment?

Many of us might have pondered over these questions at some stage of our entrepreneurial journey —

1. Does a Start-up with less than 10 employees need to follow the guidelines for the Prevention of Sexual Harassment Act 2013?
2. Does an All-woman company have to still have an ICC team on board??
3. How can my company ensure a Zero-Tolerant environment for my employees free from Sexual / Workplace Harassment?

My answers as an HR cum POSH Consultant are simple –

1. Yes, every organization HAS To comply with the guidelines of the POSH Act 2013 and frankly Start-ups should set the tone for the employees right at the beginning.
2. Yes, all Women companies HAVE to constitute an ICC team since as employers we work with different outside vendors and agencies that might have male counterparts or partners making it mandatory for all Women employees including employers to constitute an ICC team internally.
3. While a lot lies in the hands of the Employers, as a company founder it’s your responsibility to ensure the safety of your employees in all work-related tasks whether they work from the office or work from remotely.

Some of the duties are enlisted below: (excerpts from Section 19 of the POSH Act 2013)

Every EMPLOYER shall—

(a) provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace;

(b) display at any conspicuous place in the workplace, the penal consequences of sexual harassment; and the order constituting, the Internal Committee under sub-section (1) of section 4;

(c) organize workshops and awareness programs at regular intervals for sensitizing the employees to the provisions of the Act and orientation programs for the members of the Internal committee in the manner as may be prescribed;

(d) provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;

(e) assist in securing the attendance of respondents and witnesses before the Internal Committee or the Local Committee, as the case may be;

(f) make available such information to the Internal Committee or the Local Committee, as the case be, as it may require having regard to the complaint made under sub-section (1) of section 9;

(g) provide assistance to the woman if she so chooses to file a complaint in relation to the offense under the Indian Penal Code (45 of 1860) or any other law for the time being in force;

(h) cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;

(i) treat sexual harassment as misconduct under the service rules and initiate action for such misconduct

(j) monitor the timely submission of reports by the Internal Committee.

Many men and women feel uncomfortable talking on this Topic and in particular men may just shrug off the discussion in the air during a lunchtime conversation.

What’s the solution then — Take them in!

Role of men in forming a Strong Effective Anti-Sexual Harassment Work Environment -

In today’s genre, we talk about equality and giving equal opportunity to all genders in performing different tasks. Women have reached up to the moon, flown airplanes, and made it to top places in Sports activities like Women’s Cricket and Pro-Kabaddi are shining examples of active and thriving participation of women.

I would like to raise a question as a Woman — If a Woman can step into a man’s shoes and excel in those fields which were perceived of being masculine, why can’t men step into a woman’s shoes to become members at the ICC…no no I’m not talking about the International Cricket’s Club friends! It’s the Internal Complaints Committee at their organization to address the menace of Sexual Harassment and assist in its Prevention, Prohibition, and Redressal.

If in a class the naughtiest boy is made the class monitor, then the teacher is able to maintain her class discipline, similarly….

In general, if we have men advocating prevention and prohibition of sexual harassment at the workplace, there would be a safer environment for all women and men would become more vigilant and mindful in dealing with the fairer sex.??

When we can vouch for a 1 on 1 ratio in every department in our progressive set-ups, we can also have an ICC (Internal Complaints Committee) with a constitution of active male members in the core team bringing about Workplace equality.

Remote Working and Sexual Harassment -

"My boss insists on video calls, even during odd hours."

"My male colleague persistently calls me in the name of connecting for work, even at night."?

While countless employees got constrained at their homes during the pandemic, they anticipated not facing any workplace harassment challenges sitting at home. However, on the contrary, sexual harassment cases while working from home increased two-fold.?

Women were posed by the challenges of working from home and taking video calls at odd hours, receiving messages from male colleagues at the wee hours of the late evening interfering with family time, and bringing virtual discomfort which is incomprehensible and enigmatic.

Inappropriate emails, sexually explicit images sent via messenger or text message, inappropriate jokes, or unwanted sexual advances that are made during virtual meetings are some examples of Sexual Harassment while working remotely.

Women are easy targets for such flop sided mentality due to,

• Increased levels of stress due to the pandemic since 2020?
• The lack of immediate access to managers when incidents occur makes it more difficult for those who have been harassed to reach out naturally or?
• Isolated communications mean there are fewer witnesses to deter unacceptable behavior, report, or lend support when harassment occurs
• Employers haven’t necessarily established clear standards and processes for remote interactions as they may have for in-office conduct
• Fewer constraints than live conversations in sending memes, messages, and chats.

Another key factor could be that when men don't meet their professional objectives and notice that their female coworkers are performing better than they are, they begin to feel threatened about their own existence. As frustration creeps in, harassment by making sexual gestures to put "ladies" in their place also occurs.

For most males, women are only moms, sisters, daughters, and wives; for them, recognizing them as coworkers or female bosses is quite difficult.

Employers Can Help Curb Sexual Harassment –?

Even When You Work From Home

As an Employer, we need to guide the employee/s undergoing the menace to be alert and attentive. When an employee complains about sexual harassment the first step is to start making a collection of documents and evidence to report the matter formally to make an inquiry report. While a single incident is most likely not sexual harassment, if they complain of a number of incidents then till the last date of such an incident a complete set of evidence and documentation should be maintained.

The best part of being virtual or remote is that we can have everything documented like :

-printing out any emails,?

- messages sent via messaging apps,?

- getting screenshots of images, and if possible,?

- screenshots or recordings of anything said or done during virtual meetings.

You can help your employee to get statements from any witnesses, which could include coworkers who were present during the meeting and heard what was said or saw inappropriate gestures being made.

Documenting everything and maintaining evidence to support your claim is a necessity. Without evidence that you suffered sexual harassment while working remotely, your claim will not prevail, and you will not be able to recoup compensation for the damages you suffered by being sexually harassed.?

Reporting A Sexual Harassment Complaint

It’s important to take all your written and documented evidence to the Human Resource Department or to your dedicated ICC team and set the tone for an inquiry process.?

**Remember - Every complaint needs to be filed within 90 days of the last date of the incident.

No matter what, keep a firm determination to punish the perpetrator so that they get a lesson that is remembered in the future.

You can even resort to making a police complaint under (Indian Penal Code 45 of 1860)

Section 294 - Obscene Acts or Songs - whoever to the annoyance of others does any obscene act in any public place, or 2. sings, recites or utters any obscene song, ballad, or words in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.?

Section 509 - uttering any word or making any gesture intended to insult the modesty of a woman Punishment: imprisonment for three years and fine.?

Section 354 - Any man who commits to assault or use of criminal force on a woman with intent to outrage her modesty or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment or fine, or both.

THE LAW SAYS...?

A) Sexual harassment - 1. physical contact and advances involving unwelcome and explicit sexual overtures 2. demand or request for sexual favors 3. showing pornography against the will of a woman 4. making sexually colored remarks Punishment: imprisonment which may extend to three years or with fine or both.

B) Using assault or criminal force to a woman with intent to disrobe her. Punishment: imprisonment for not less than three years which may extend up to seven years and fine.

C) Voyeurism (Any man watching or capturing the image of a woman engaging in a private act. Punishment: (On first conviction) Imprisonment for not less than one year which may extend to three years and fine. (repeated offenders) Imprisonment not less than three years, this may extend to seven years and fine.?

D) Stalking (Any man following a woman and attempting to contact, or foster personal interaction despite a clear indication of disinterest by her or monitors the use by a woman of the internet, email or any other form of electronic communication) Punishment: Imprisonment which may extend up to three years. (repeated offenders) imprisonment may extend to five years and a fine.?

What is the Outcome of your Complaint?

The internal/local complaints committee may recommend after its inquiry that the employer within 60 days (Section 13, POSH Act 2013) take action against the respondent for sexual harassment as misconduct as per the service rules or government prescriptions; or deduct adequate sums from the respondent’s salary/wages; The aggrieved woman can also appeal from this inquiry in the court/tribunal as designated by the government. This appeal should be made within 90 days of the recommendations.?

To summarize our discussion, would like to reiterate that one’s dignity and respect are in thy own hands. If you feel uncomfortable with an act that affects you mentally, physically, and emotionally, you ought to raise a voice and let the perpetrator know that “No means a NO” not Next One!??

Hope you found this insightful and informative ….signing off!