PREVENTION OF SEXUAL

HARASSMENT @ WORKPLACE
(PoSH)
July 17, 2022

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 Hello,

Welcome to the module on Understanding

Sexual Harassment at Workplace.

Sexual Harassment is illegal and the

organization has zero tolerance towards it.

In this module you will learn what sexual

harassment is, with special emphasis on
harassment at workplace.

So let’s get started!...

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Before we begin, lets see what we will learn from this module…

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By the end of this module, you would know:
Types of sexual harassment at workplace

Consequences of sexual harassment at workplace

How to create a zero tolerance environment at workplace against sexual harassment

What you can and should do against sexual harassment

Let’s begin…

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Our road map…

A brief background to the

POSH Act

Understanding Sexual
Harassment

Reporting & Addressing Sexual

Harassment grievances

Conclusion

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 Do you think sexual
harassment at workplace is
not that common?

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Data shows…

445 360 277 216

2017 2016 2015 2014

According to the data sourced from 52 of the BSE-100 companies, there is an alarming
increase in the number of reported sexual harassment cases on a year on year basis.
(Source: Annual reports, Business responsibility reports of companies, Mint research)

If you do…I Sexual harassment is about power

will give you
what you
want.

Supervisor using his authority to Overbearing colleagues harassing

gain sexual favours others

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Brief background to the act…

In Dec 2012, Government of India started focusing on updating the laws protecting
women’s safety in India

On 9th Dec 2013, sexual harassment at the work place was finally made a crime under the
Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal)
Act, 2013 )

POSH Act mandates all organisations to:

• Create a safe workplace environment for every female employee

• Sensitize and train the employees towards what constitutes sexual harassment
• Form a strong redressal mechanism and strict penalties for violators

Government of India also passed the criminal law (Amendment) Act 2013, making sexual
harassment a criminal offence w.e.f. 3rd Feb 13 by inserting section 354 A in IPC

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Brief background to the act…

The PoSH Act says…

“Sexual harassment” includes any one or more of the following “unwelcome acts or
behavior” (whether directly or by implication) namely -
(i) physical contact and advance; or
(ii) a demand or request for sexual favors; or
(iii) making sexually colored remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Sexual harassment is illegal, it is harmful to the victim and it can lead to harsh
consequences for the accused.

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Brief background to the act…

The PoSH Act says…

Following acts when in relation to behaviour of Sexual Harassment may amount to

sexual harassment –

(i) implied or explicit promise of preferential treatment in her employment; or

(ii) implied or explicit threat of detrimental treatment in her employment: or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
(v) Humiliating treatment likely to affect her health or safety.

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Brief background to the act…

What constitutes sexual harassment?

As per The Sexual Harrassment of Women at Workplace (Prevention, Prohibition &

Redressal) Act, 2013 sexual harassment includes any one or more of the following
acts or behaviour whether committed directly or by implications

Physical Unwelcome visual Demand or Making sexually Any other unwelcome

contact & conduct like; request for colored remark physical, verbal or non-
advances showing sexual favors verbal conduct of
pornography sexual nature

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Brief background to the act…

The PoSH Act covers -

Full Time Probationer Trainee Apprentice Contract

Employee Worker

One must display respectfully and courteous behaviour while on duty with everyone (both within
the organisation’s premise and outside)

The employee must not indulge in any kind of behaviour that could be perceived as unwelcome
by anyone, including third party, such as a vendor, client or public at large.

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Now that we have gone through the brief background of the POSH Act,
lets try and understand sexual harassment at workplace a bit better…

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 A brief background to the
POSH Act

Understanding Sexual
Harassment & the elements of
Sexual Harassment

Reporting & Addressing Sexual

Harassment grievances

Conclusion

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To understand sexual harassment at workplace, lets look at some
scenarios…

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Scenario 1: “Quid Pro Quo”
Ted is a manager. He has called Jessica to his office, who is a subordinate.

You owe me for your

promotion, you wouldn’t
have got where you are if it
wasn’t for me.

Ted’s statement and action suggests a perceived threat to Jessica’s employment status
if Ted’s demands are not met.

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Understanding sexual harassment

What is “Quid Pro Quo”?

Quid Pro Quo literally means ‘this for that’.

It could mean implied or explicit promise of preferential/detrimental treatment in

employment or threat about present or future employment status.

Threatening an associate if she does not consent to such sexual advances or favours
also amounts to sexual harassment.

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Understanding sexual harassment

Examples of “Quid Pro Quo”

A manager informs an associate that she would lose her job or not get favorable
ratings in the appraisal if she does not give into his sexual advances.

A manager promises an associate a particular project or a role in exchange of

sexual favours.

A supervisor began troubling his subordinate after she turned down his
inappropriate request / demand.

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Scenario 2: “Hostile Work Environment”
Sumedha is having lunch in the cafeteria. Her senior colleagues crack jokes
with sexual content while having their lunch at the cafeteria.

That’s so bad

This behavior made Sumedha leave the table, midway through her meal. The
jokes made her uncomfortable. She thought they were vulgar.

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Scenario 3: “Hostile Work Environment”
Kyle and Sarah sit next to each other. One day Kyle showed some videos of
sexual nature from his mobile phone to Sarah.

Sarah found this very distasteful and uncomforting.

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Understanding sexual harassment

What is “Hostile Work Environment”?

A hostile work environment sexual harassment occurs when either through verbal or physical
conduct an intimidating or offensive work environment gets created that is perceived to
interfere with the work performance of the victim, or any one or more employees.

Hostile work environment also includes humiliating treatment likely to affect the health or
safety of the individual or the group.

Kyle’s act was

disturbing for Sarah
and made her work-
environment hostile.

For Sumedha, the vulgar

or sex-based content in
the jokes made her
work-environment
hostile.

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Scenario 4: “Unwelcome”
Jack continues to be smitten by Debby, despite her refusing his advances.

Jack’s romantic advances are “unwelcome” to Debby. Therefore this can be a form of
sexual harassment.

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Elements of sexual harassment

Any conduct or behaviour is unwelcome if the recipient does not consent to it and regards it
as offensive. The recipient or victim not complaining, does not necessarily mean or imply that
the conduct is welcome.

Some comments and/or advances are blatant and crude and are inherently offensive: these
will almost always be deemed as unwelcome.

Workplace Sexual Harassment is behaviour that is -

1. UNWELCOME
2. SEXUAL in nature
3. A SUBJECTIVE experience
4. IMPACT not intent is what matters
5. Often occurs in a matrix of POWER

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Elements of sexual harassment

To enable prevention of sexual harassment at the workplace, it is critical to recognize and

differentiate between welcome and unwelcome sexual behavior

How “Unwelcome” and “Welcome” behavior is experienced by the individual or group -

UNWELCOME WELCOME

Feels Bad Feels Good

One-sided Reciprocal
Feels powerless In-control
Power-based Equality
Unwanted Wanted
Illegal Legal
Invading Open
Demeaning Appreciative
Causes anger/sadness Happy
Causes negative self-esteem Positive self-esteem

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Scenario 5: “IMPACT matters”
One morning Stella walked into the office and her colleague Mark complimented her.

%^&&*%#$$
Uh…Thanks?

Hi gorgeous! You look

very decked up today,
new lipstick color is
hot…

While Mark may share a good equation with certain female employees who would look
at this as just a compliment, others may feel uncomfortable by such remarks.

Can this be sexual harassment?

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Elements of sexual harassment

What does “Impact matters” mean?

Regardless of one’s intent, the behaviour will be judged in terms of its impact on the victim.

Hence, what constitutes sexual harassment depends on what the aggrieved woman thinks
of it. This statement could be considered sexual harassment, even if the man making the
comment does so without the intention of making a female colleague uncomfortable

Lets look at a few examples to understand what could constitute

elements of sexual harassment…

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Elements of sexual harassment
• Making sexually suggestive remarks or innuendos.
• Serious or repeated offensive remarks, such as teasing related to a person’s body or
appearance. Offensive comments or jokes.
• Inappropriate questions, suggestions or remarks about a person’s sex life.
• Displaying sexist or other offensive pictures, posters, MMS, SMS, whatsapp, or e-mails.
• Intimidation, threats, blackmail around sexual favours.
• Threats, intimidation or retaliation against an employee who speaks up about unwelcome
behaviour with sexual overtones.
• Unwelcome social invitations, with sexual overtones commonly understood as flirting.
• Unwelcome sexual advances which may or may not be accompanied by promises or threats,
explicit or implicit.
• Physical contact such as touching or pinching.
• Caressing, kissing or fondling someone against personal will (could be considered assault).
• Invasion of personal space (getting too close for no reason, brushing against or cornering
someone).
• Persistently asking someone out, despite being turned down. Stalking an individual.
• Abuse of authority or power to threaten a person’s job or undermine her performance against
sexual favours.
• Falsely accusing and undermining a person behind closed doors for sexual favours.
• Controlling someone’s reputation by rumour-mongering about their private life.

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Now let’s see how to report and address sexual harassment at workplace …

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 A brief background to the
POSH Act

Understanding Sexual
Harassment

Addressing , Reporting &

Redressing Sexual Harassment
grievances

Conclusion

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Addressing Sexual Harassment

Steps to Prevent Sexual Harassment

Deal with Harasser Upfront

Do not pretend it did not happen

Immediately inform the alleged harasser that the behavior is unwelcome

Demand that the harassment be stopped

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Addressing Sexual Harassment

Steps to Prevent Sexual Harassment

A victim is encouraged to immediately inform the alleged harasser, either

verbally or in writing, that the behavior is unwelcome.

In most instances, the person is unaware that the conduct is offensive and
when so advised can easily and willingly correct the conduct so that it does
not recur.

It is advisable to do this step at the first instance before referring to the

authorities concerned.

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Addressing Sexual Harassment

Documenting the Incident

Documenting would include keeping records of each incident, including location, date, time,
place, what was said, what happened and any witness who may have seen or heard it.

The victim can save any offensive letter, fax, photograph, card, email or notes you have received
from the accused.

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Reporting Sexual Harassment

Option 1. Informal Resolution

When an incident of sexual harassment occurs, the victim of such conduct can
communicate their disapproval and objections immediately to the harasser, before
referring the incidence to the concerned authorities.

If the behaviour still continues the victim can document the offending behaviour.

The victim can bring their concern to the attention of the Internal Committee for
redressal of their grievances.

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Reporting Sexual Harassment

Option 2. Formal Resolution

The victim, not comfortable with the informal resolution option or having
exhausted such options, may make a formal written complaint of the alleged
incident. Alternately, the victim can send complaint through email.

The victim can bring their concern to the Internal Committee. The Internal
Committee will proceed to determine whether the allegations made in the
complaint fall under the purview of sexual harassment.

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Redressing Sexual Harassment

Redressal

Follow the redressal process prescribed in the organisation

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Redressing Sexual Harassment

The Internal Committee shall conduct its investigations in a timely manner and shall submit a
written report containing the findings and recommending the corrective actions to be taken.

Corrective actions may include formal apology, counselling, written warning to the perpetrator,
suspension or termination of services of the person found guilty of the offense.

To protect the interest of the victim, the organisation shall maintain a code of confidentiality, to
the extent practicable and appropriate, throughout the investigatory process.

All records of complaints, including contents of meetings, results of investigations and other
relevant material will be kept confidential by the Company except where disclosure is required
under disciplinary or other remedial processes.

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 A brief background to the
POSH Act

Understanding Sexual
Harassment

Reporting & Addressing Sexual

Harassment grievances

Conclusion

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Conclusion

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act 2013 is a very positive step for the protection of women from such type of crimes at
the workplace.

Preventing sexual harassment at workplace involves employees and stakeholders at all

level to understand what constitutes sexual harassment.

Having zero tolerance against sexual harassment at workplace helps, as it encourages the
victim to prevent, prohibit and redress such incidents.

With an anti-sexual harassment (ASH) policy and an internal committee in place enables
the organisation to create a safe working environment.

#ITSNOTOK

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Conclusion

Let’s constantly work towards a sexual harassment free work zone...

By discouraging… and encouraging…

 ✓

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Thank You

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