Critically examine the provisions of POSHA and compare similar

provisions in USA and UK.

POSH Act
Following are the provisions of the POSH Act in India:

1. Safe Working Environment in the workplace- This act holds the employer
responsible for ensuring the safety of its employees from both employees and non-
employees in the workplace. Workplace also includes any vehicle provided by the
employer any third-party sites visited by the employees. The POSH Act in US and
UK mandates the employers to ensuring a safe workplace for its employers.

2. Establishment of an Internal Committee in every workplace with more than 10

employees- Every organisation having more than 10 employees need to form an
Internal committee to address the grievances of its employees pertaining to sexual
harassment.

3. Establishment of Local Committee in Every District- Every district needs to form a

local committee to address the hearing and redressing the complaints of women
pertaining to sexual harassment. This mainly caters to the women working in
organisations with less than 10 employees.
4. In-Depth Enquiry into all complaints of sexual harassment- The IC/LC needs to
conduct an enquire withing 90 days of registration of the complaint.

5. Workshop and Awareness Programs- It is mandatory for all the employers to hold
regular awareness workshops on the POSH act, the redressal mechanism of the
organisation and the consequences of engaging in such acts.
In the US, it is not mandatory for the employers to hold awareness and sensitisation
workshops on sexual harassment except in California, Illinois and New York State.

6. Provisions Against False Complaints- If the complaint is found to be false or

malicious then the act recommends the employer to take action against the person
who registered the complaint.

7. The EA 2010 makes employers liable for the conduct of employees – anything done by an
employee in the course of their employment is treated as having also been done by the
employer regardless of whether or not it was done with the employer’s knowledge or
approval. An employer’s only defence is if it can show it took all reasonable steps  to prevent
the employee from doing the act.