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BREA K THE SILEN CE

MARI E BANU RODR IGUE Z

MARIE BANU RODRIGUEZ

BREAK THE
SILENCE
Unveiling the Shadows of Sexual
Harassment at Workplace
Break the
Silence

Marie Banu Rodriguez

Unveiling the Shadows of


Sexual Harassment at Workplace
Disclaimer
This book is a copyright of Marie Banu
Rodriguez. No reader should act on the basis of
any statement contained herein without seeking
professional advice.
The author expressly disclaims all and any
liability to any person who has read this report,
or otherwise, in respect of anything, and of
consequences of anything done, or omitted to
be done by any such person in reliance upon
the contents of this report.

Price: INR 250/-

Cover Design: Mithru NY


Handbook for POSH Practitioners

DEDICATED TO

All those who have endured the weight of silence,


whose voices have been stifled by injustice and
oppression.

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Contents

Author’s Introduction 7

Foreword9

Acknowledgments 13

1. Introduction15

2. What is Sexual Harassment? 20

3. Historical Perspective  24

4. Overview of Indian Laws 28

5. Cultural Context 35

6. Gender Norms and Stereotypes 39

7. Role of Social Structures 42

8. Forms of Harassment 44

9. Intersectionality50

10. Detrimental Effects of Harassment  53

11. Legal Protections and Redress 57

12. Ripple Effects on Workplace Culture 59

13. Economic Cost of Workplace Harassment 63

14. Reporting Mechanisms 67

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15. Challenges Faced by Victims 72

16. Complaints Committee 75

17. Complaints Mechanism 86

18. Whistle-blower Protection 99

19. Prevention and Awareness 104

20. Establishing a Culture of Respect and


Inclusivity109

21. Training Programs for Employees and


Management115

22. PoSH in Corporate Policies 121

23. The Role of Leadership 126

24. Beyond Legislation: Future Directions 133

25. Effectiveness of Current Laws and Policies


137

26. Inspiring Change: A Call to Action  142

27. Illustrations of Sexual Harassment at


Workplace146

28. Case Studies  154

29. Knowledge Check  165

30. Appendix172

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Author’s Introduction
M arie Banu Rodriguez is
a distinguished leader in
the social sector, holding the
position of a full-time Director
at the Centre for Social Initiative
and Management (CSIM) in
Chennai. Additionally, Marie
serves as the Director of the
Social Audit Network in the
UK and is a recognized Social
Auditor. She recently authored a Guide on Social Impact
Assessment published by the Social Audit Network UK.
She actively serves as a member of both the Regional
Complaints Committee (RCC) and the Internal Complaints
Committee (ICC) for the Prevention of Sexual Harassment
at the Workplace (PoSH). Operating under clause (c) of Sub
Section (2) of Section 4 of the Sexual Harassment of Women
at Workplace (Prosecution, Prohibition, and Redressal) Act,
2013, and is committed to a gender-neutral approach.
As on 2024, Marie holds ICC membership at several
organizations, including Foxconn Technology, Sundaram
Composite Structures, Dvara Holdings, Dvara Kshetriya
Gramin Financial Services (KGF), Forbes Marshall,
Mahle Engine Components, and Lohman Adhesive Tapes.
Additionally, she actively contributes to the Staff Grievance
Redressal Cell at Loyola College and the Anti-sexual
Harassment Cell at SSS Shasun Jain College, both located
in Chennai.
Marie has served as an ICC member at institutions like the
Reserve Bank of India (RBI), Bosch Electric Drives Ltd, Borg

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Warner Morse TEC India Pvt. Ltd, and Stanley Engineered


Fastening India Pvt. Ltd. She has also contributed as an ICC
member at the Tata Institute of Social Sciences School of
Vocational Education and as an RCC member at the Reserve
Bank of India Staff College in Chennai.
Her notable contributions to society have earned her
prestigious recognitions, including the REX Karmaveer
Global Fellowship 2014-15 and the Karmaveer Chakra
Award, a global civilian honor presented by iCONGO in
partnership with the United Nations.

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Foreword
M
for
arie Banu Rodriguez is
the Director of Centre
Social Initiative and
Management (CSIM) in Chennai.
My association with her goes
back to 2000, when I was invited
to give guest lectures at CSIM.
Marie Banu edits and publishes
Conversations Today a monthly
tabloid launched that features
Social Entrepreneurs, NGOs, CSIM alumni, change makers,
and celebrities involved in social work. Whether it is her
humorous notes about her various adventures in the Face
Book or serious writing to enlighten the readers Marie Banu
is effective in communication. I am her big fan. Therefore, it
is my privilege to write this foreword.
This book ‘Break the Silence’ is the need of the hour. A
study about working women in India says that around 39.3%
females of age group 15-59 years in rural areas were in labour
force while around 26.5% females were in labour force
in urban areas during 2021-22. (https://thewire.in/women/
women-labour-force-india-growth) It is common sense that
these women are exposed to all ravages including of course
the harassments faced by them because they are women –
which is sexual harassment per se.
Till the Supreme Court of India looked at this issue of
women’s sexual harassment at work place in 1997 in the
Vishaka case, there was very little safeguards available for
women at work places. Marie Banu Rodriguez has very well
traced this historical perspective and gone further down
to enlighten the readers about the rights of victims, law
governing the subject, means to get redressal, application,

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short comings and remedies under the Sexual Harassment


of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013, called in short as POSH Act.
The language used in this book is very simple, straight and
effective. This is a book that could be used by academicians,
lay persons, employees, employers and others. The book first
defines and depicts What Amounts to Sexual Harassment and
gives the Historical Perspective on Workplace Harassment
in India. It lists a Comprehensive Overview of the Indian
Laws Addressing Workplace Harassments. The book
Alludes to the Cultural Context and points to the Role of
Social Structures in Perpetuating or Combating Harassment
while enumerating the Types of Harassment. To have
holistic view of the issue, Marie Banu goes Beyond Gender:
Addressing Intersectionality in Harassment Cases as well
as Psychological, Emotional and Physical Consequences
of Individuals. The Legal Protections and Redressals are
enumerated.
Marie Banu shows how the sexual harassment at workplace
affects not just the aggressor / victim but the entire economy.
This is a dimension many miss while handling sexual
harassment as only a personal issue of the affected woman
and the accused who faces prosecution. Thus, chapters
dedicated to the Ripple Effects on Workplace Culture and
Productivity, The Economic Cost of Ignoring Workplace
Harassment are very important.
To extend a helping hand and empower the victims are the
chapters on Reporting Mechanisms: Empowering Voices,
Ensuring Accountability; Challenges Faced by Victims in
reporting Harassment. Descriptions about the constitution
and functioning of the Internal Complaints Committees, Role
of Whistle-blower Protection in Encouraging Reporting;
Prevention and Awareness throws light on the redressal
mechanisms available. Addressing the Corporates to combat

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harassments are the chapters Incorporating Harassment


Prevention in Corporate Policies; The Role of Leadership.
Marie Banu has gone Beyond Legislation and has given
Future Directions, Evaluated the Effectiveness of Current
Laws and Policies. She has made room for Inspiring
Change: A Call to Action for Individuals, Organizations and
Society as a Social Activist that she is. The rhetoric of law
is incomplete without “examining real-world case studies”
hence the Chapter to Case Studies Illustrating Varied Forms
of Harassments. As an icing for the readers to quickly check
their knowledge the penultimate chapter is a question answer
section called Knowledge Check – Q & A. Lastly through
the Appendix she has furnished the Resource for Victims
and Advocates.
My hearty wishes to Marie Banu for her comprehensive
book to ‘Break the Silence’ of victims, shake the conscience
of accused, move the corporates, colleagues, advocates,
complaints committees etc. at all levels and work towards
a safe environment with equal opportunities, striking the
balance for women at their work places.
Mrs. Sudha Ramalingam
Senior Advocate &
Human Rights Activist

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Acknowledgements
W riting “Break the Silence: A Comprehensive
Exploration of the Prevention of Sexual Harassment
(PoSH)” has been a collaborative journey that wouldn’t
have been possible without the invaluable support and
encouragement from various quarters.
First and foremost, I extend my heartfelt gratitude to Mrs.
Sudha Ramalingam for penning the foreword. Your insightful
contribution has added a profound layer to the book, and
your support is deeply appreciated.
A special thanks to Mrs. Latha Suresh, Trustee, MSDS, whose
unwavering encouragement transformed this exploration
into a well-rounded and comprehensive resource.
I extend my sincere appreciation to the organizations
that graciously invited me to be a part of their Internal
Complaints Committee. Your trust in me and the opportunity
to contribute to the creation of safer workplaces have not
only been an honour but also a significant influence on the
content of this book. I want to acknowledge the individuals
and organisations who generously shared their experiences
and insights, contributing to a real-world understanding of
workplace harassment.
To my parents and sons, thank you for your unwavering
encouragement and understanding during the demanding
phases of writing. Your belief in the importance of this work
has been a constant motivation, and I am grateful for your
unwavering support.
To the readers of this book, I express my gratitude; may it
serve as a source of knowledge, inspiration, and a catalyst
for positive change in addressing workplace harassment.
Marie Banu Rodriguez
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Chapter 1

Introduction
W orkplace sexual harassment is a pervasive and deeply
rooted issue that transcends geographical boundaries,
impacting individuals across diverse professional landscapes.
In India, where the intersection of tradition and modernity
shapes the socio-cultural fabric, addressing this concern
becomes a critical imperative.
The roots of workplace sexual harassment in India can be
traced through the annals of time, embedded in patriarchal
structures and gender-based power dynamics. Historically,
women faced various forms of exploitation and discrimination
in professional settings, often silenced by societal norms that
perpetuated a culture of impunity. It wasn’t until landmark
events and societal shifts that the issue gained visibility and
prompted legal interventions.
Understanding workplace sexual harassment in India
requires navigating through the intricate tapestry of cultural
norms and societal expectations. While legal provisions
offer a foundation, the effectiveness of these measures
depends on their integration into the cultural fabric. Deep-
seated patriarchal norms, fear of reprisal, and societal stigma
contribute to the underreporting of incidents, creating an
environment where victims often choose silence over
confrontation.
Cultural transformation is integral to combating sexual
harassment. Initiatives that challenge gender norms, promote
diversity and inclusion, and foster respectful communication
are vital. Sensitising the workforce to recognise the subtle
manifestations of harassment and dismantling stereotypes

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are essential steps towards fostering a more inclusive and


equitable work environment.
In 1997, the Supreme Court’s landmark judgment (Vishakha)
recognised sexual harassment as a violation of fundamental
rights. This laid the foundation for subsequent legal
frameworks, including the Sexual Harassment of Women
at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 (PoSH Act), signaling a paradigm shift in the approach
towards workplace safety.
The PoSH Act stands as the cornerstone of legal measures
against workplace sexual harassment in India. Enacted to
provide a safe and secure working environment for women,
the Act mandates the constitution of Internal Complaints
Committees (ICCs) in organisations employing ten or more
individuals. This legislation signifies a concerted effort to
address the power imbalances within workplaces and foster
a culture of respect and dignity. The Act defines sexual
harassment broadly, encompassing verbal, non-verbal, or
physical conduct of a sexual nature. The legal framework
extends beyond the traditional office space, recognising
incidents at company-sponsored events and during travel as
part of the ‘extended workplace. Importantly, the Act is not
gender-neutral, offering protection exclusively to women,
although organisations may extend safeguards to men
through their policies.
Over the years, there has been a perceptible shift in attitudes
and awareness surrounding workplace sexual harassment.
Organisations are increasingly recognising the imperative of
cultivating safe and inclusive spaces. Robust anti-harassment
policies, awareness campaigns, and support mechanisms for
victims are becoming integral components of organisational
culture.

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Technological advancements are also playing a role in


shaping the landscape. Anonymous reporting platforms,
artificial intelligence for monitoring workplace interactions,
and digital training modules are emerging as tools to
empower individuals and facilitate early intervention.

Who is this book meant For?


It is essential to identify the primary audience that can derive
value, insights, and actionable strategies from the content
in order to craft a comprehensive exploration of workplace
sexual harassment in India.
Let’s discuss the diverse groups of individuals, organisations,
and stakeholders for whom this book is specifically curated,
and outline the relevance of each segment in the collective
effort to combat and prevent workplace sexual harassment.
A. Individuals
Employees: Employees at all levels, regardless of gender,
can benefit from understanding their rights, recognising
signs of harassment, and knowing how to effectively report
incidents. By fostering awareness and empowerment, this
book aims to equip individuals with the knowledge to
contribute to a safer work environment.
Victims and Potential Targets: For those who have
experienced or may face sexual harassment, the book provides
a guide on navigating the reporting process, understanding
legal protections, and seeking support. It emphasises the
importance of breaking the silence, fostering a culture where
victims are heard and believed, and encouraging individuals
to become advocates for their own well-being.
Bystanders: Colleagues who witness inappropriate
behaviour play a pivotal role in creating a harassment-free
workplace. This book offers insights into the concept of active
bystander intervention, providing tools and strategies for

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bystanders to recognise and address harassment effectively.


By fostering a culture of collective responsibility, bystanders
contribute to a safer and more supportive work environment.
B. Organisations
Employers and HR Professionals: Organisations are critical
players in the fight against workplace sexual harassment.
This book is tailored to employers and human resource
professionals, guiding them in establishing robust anti-
harassment policies, setting up effective Internal Complaints
Committees (ICC), and fostering a culture of respect and
inclusivity. It emphasises leadership accountability and
provides insights into creating a workplace where individuals
can thrive.
Legal and Compliance Teams: Legal and Compliance
Teams within organisations will find this book invaluable
in ensuring adherence to the PoSH Act and related legal
frameworks. This book provides detailed analyses of legal
provisions, compliance requirements, and case studies,
aiding legal teams in creating and maintaining a legally
sound foundation.
C. Stakeholders and Advocacy Groups
NGOs and Advocacy Organisations: NGOs and Advocacy
Organisations committed to women’s rights and workplace
equality can leverage this book to enhance their understanding
of the legal landscape, collaborate with organisations, and
advocate for systemic change. The book provides insights
into the role of advocacy in fostering a culture of respect and
equality.
Government Bodies: Government bodies overseeing
workplace regulations, women’s welfare, and labour affairs
can use this book as a reference to inform policy decisions,
understand challenges, and explore collaborative initiatives.

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It serves as a comprehensive guide to aligning legislative


frameworks with the evolving needs of the workforce.
D. Policymakers and Academia
Policymakers: This book offers policymakers insights into
the effectiveness of existing legal frameworks, challenges
faced by individuals and organisations, and potential areas
for policy refinement.
Policymakers can utilise this resource to inform legislative
changes and contribute to a more robust and responsive legal
landscape.
Academic institutions: Academic institutions can
incorporate this book into their curriculum to educate
students about workplace dynamics, legal frameworks,
and the societal impact of sexual harassment. It serves as a
practical guide for future professionals.
As we embark on this exploration, it is with the understanding
that eradicating workplace sexual harassment requires a
collective effort. By combining legal adherence with cultural
evolution, technological innovation, and societal advocacy,
let us aspire to contribute to a future where workplaces
are not only legally compliant but also culturally sensitive,
technologically advanced, and socially responsible.

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Chapter 2

What is Sexual Harassment?


The PoSH Act aligns with the Supreme Court’s definition of
‘sexual harassment’ in the Vishakha Judgment. The definition
of ‘sexual harassment’ is comprehensive, covering various
forms of conduct, whether physical, verbal, or non-verbal, as
long as it is unwanted and unwelcome. It encompasses quid
pro quo harassment, creating a hostile working environment,
and other forms of offensive conduct.
Definition
“Sexual Harassment” includes anyone or more of the
following unwelcome acts or behaviour (whether directly or
by implication), namely:
i. Physical contact or advances;

ii. A demand or request for sexual favours;

iii. Making sexually coloured remarks;

iv. Showing pornography;

v. Any other unwelcome physical, verbal or non-verbal


conduct of a sexual nature
The Act specifies circumstances that are connected with
act of sexual harassment. These include implied or explicit
promises or threats regarding employment, interference with
work creating an intimidating or offensive work environment,
and humiliating treatment affecting the employee’s health or
safety. Determining what constitutes ‘sexual harassment’
depends on the specific facts and context. The Act recognises
the subjective nature of the experience and acknowledges
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that conduct perceived as harmless by some may be offensive


to others.
Applicability and Scope of PoSH Act
The Prevention of Sexual Harassment (PoSH) Act, enacted
in 2013, addresses issues related to sexual harassment in the
workplace. Understanding the applicability and scope of the
PoSH Act is fundamental to fostering a safe and respectful
work environment.
Applicable Jurisdiction
The PoSH Act extends its jurisdiction to the entire
geographical expanse of India. This means that its provisions
are applicable to workplaces across the country, irrespective
of the industry, sector, or geographical location. The Act aims
to create a uniform standard for addressing and preventing
sexual harassment, ensuring protection for employees in
various work settings.
Aggrieved Woman
According to Section 2(a) of the Act, an aggrieved woman,
in the context of a workplace, refers to a woman of any age,
whether employed or not, who alleges that she has been
subjected to any act of sexual harassment.
This protection extends to women engaged directly or
through an agent, including a contractor, whether or not the
principal employer is aware of their involvement.
Notably, this definition is expansive, encompassing women
who may not be employees but are subjected to harassment
in a professional setting, such as customers or clients,
co-workers, contract workers, probationers, trainees,
apprentices, or under any other designation. It also includes
women working in dwelling places or houses.

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Workplace
For a woman to seek protection under the PoSH Act, the
incident of sexual harassment should have occurred at the
workplace. Section 3 of the Act explicitly states that a woman
shall not be subjected to sexual harassment at her workplace.
This underscores the importance of distinguishing between
professional and non-professional spaces when evaluating
incidents of harassment under the Act.
A workplace is defined as “any place visited by the employee
arising out of or during the course of employment, including
transportation provided by the employer for undertaking
such a journey.” As per this definition, a workplace covers
both the organised and unorganised sectors. It also includes
all workplaces whether owned by Indian or foreign company
having a place of work in India.
As per the Act, workplace includes:
i. Government organisations, including Government
company, corporations and cooperative societies

ii. Private sector organisations, venture, society, trust,


NGO or service providers etc. providing services
which are commercial, vocational, educational, sports,
professional, entertainment, industrial, health related or
financial activities, including production, supply, sale,
distribution or services

iii. Hospitals/Nursing Homes

iv. Sports Institutes/Facilities

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v. Places visited by the employee (including while on


travel) including transportation provided by employer

vi. A dwelling place or house


The Act defines the Unorganised Sector as:
i. Any enterprise owned by an individual or self-employed
workers engaged in the production or sale of goods or
providing services of any kind

ii. Any enterprise which employs less than 10 workers.

Gender-Specific Protection
The PoSH Act is not gender-neutral; it specifically extends
protection to women. While women are afforded safeguards
under the Act, men are not covered as victims. However,
organisations have the discretion to extend protection to men
through their internal policies, reflecting a commitment to
inclusivity and creating an environment free from harassment
for all.
The PoSH Act’s applicability and scope cover a wide
spectrum of workplaces and scenarios. By understanding
the jurisdiction, the definition of an aggrieved woman,
the workplace context, gender-specific protection, and
the diverse range of covered entities, organisations can
implement the Act effectively.
This ensures a holistic and standardised approach to address
and prevent sexual harassment, fostering workplaces that
prioritise dignity, respect, and equality for all individuals.

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Chapter 3

Historical Perspective
A s you delve into the historical evolution of workplace
harassment awareness in India, you will find this
section contextualising the issue within the broader socio-
legal framework. The narrative will take you through pivotal
moments, such as the emergence of the Vishakha Guidelines
in response to the Bhanwari Devi case.
This landmark legal battle highlighted the necessity for
institutional mechanisms to address workplace harassment.
The critical juncture in India’s commitment to combating
harassment comes with the subsequent enactment of the
PoSH Act in 2013.
To truly appreciate the progress made and the challenges
that persist in the contemporary landscape, it is essential
for you to understand this historical context. Through
these elaborations, this chapter aims to provide you with a
comprehensive foundation for the exploration of workplace
harassment in India.
The goal is to engage you emotionally and intellectually,
fostering empathy and awareness as you embark on a journey
through the complexities of this pervasive issue.

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Legislative Timeline of PoSH Act and Posh Rules

2007 Draft Protection of Women against


Sexual Harassment at Workplace
Bill, 2007 (“Bill”) approved by the
Union Cabinet.
2010 The Bill was introduced in the Lok
Sabha.

2012 The Bill was amended and re-


introduced in the Lok Sabha.

September 03, 2012 The Sexual Harassment of


Women at Workplace (Prevention,
Prohibition and Redressal) Bill,
2012 was passed by the Lok Sabha
February 26, 2013 The Sexual Harassment of
Women at Workplace (Prevention,
Prohibition and Redressal) Bill,
2012 was passed by the Rajya
Sabha.
April 23, 2013 The PoSH Act received the
President’s assent and was
published in the Gazette of India
as Act No. 14 of 2013.
December 09, 2013 The Indian Ministry of Women
and Child Development notified
December 09, 2013 as the effective
date of the PoSH Act and the PoSH
Rules.

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The Prevalence and Impact on Individuals


and Organisations
Real-life anecdotes and personal narratives amplify the
emotional toll that harassment takes on victims. Workplace
harassment creates a toxic environment, adversely affecting
productivity, employee morale, and the overall health of
organisations.
Let us move beyond theoretical concepts and discuss tangible
evidence of the prevalence of workplace harassment in
India. Drawing on relevant statistics and research findings,
the frequency with which individuals, particularly women,
encounter harassment in professional settings is alarming.
The impact of sexual harassment at the workplace is far-
reaching and is an injury to the equal right of women.
Not only does it impact her, it has a direct bearing on the
workplace productivity as well as the development of the
society.
Impact of inappropriate behaviour

Personal
* Depression

* Anxiety and panic attacks

* Insomnia and sleeplessness

* Feelings of shame, guilt, and self-blame

* Fatigue and loss of motivation

* Personal time management difficulties

* Eating disorders (weight loss or gain)

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* Feelings of betrayal and violation

* Anger or violence towards the respondent

* Sense of powerlessness

* Loss of confidence and self-esteem

* Overall loss of trust in people

* Withdrawal and isolation


Professional
* Decreased job performance

* Increased absenteeism resulting in loss of pay

* Missed promotional opportunities

* Retaliation from the respondent or their colleagues/


friends

* Subjected to workplace gossip and scrutiny

* Objectification

* Defamation

* Forced relocation

* Weakened support network

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Chapter 4

Overview of Indian Laws


W orkplace harassment in India is met with a robust
legal framework aimed at prevention, prohibition, and
redressal. Understanding this legal landscape is crucial for
individuals, employers, and advocates seeking justice and
promoting a safe working environment.
This section provides a thorough exploration of the legal
instruments designed to combat workplace harassment. It
encompasses not only the Sexual Harassment of Women
at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 but also relevant sections of the Indian Penal Code, the
Equal Remuneration Act, and other pertinent legislation.
By examining these laws in tandem, you will gain insight
into the holistic legal approach taken to address various
dimensions of workplace harassment.

The Case of Bhanwari Devi


Bhanwari Devi’s case was instrumental in sparking
conversations and actions that eventually led to the formulation
of the Vishakha Guidelines and laid the foundation for the
Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, commonly known as the
PoSH Act .
Bhanwari Devi, a social worker, lived in the rural village of
Bhateri in Rajasthan. In the early 1990s, she was employed as
a Saathin (friend) under the Women’s Development Program,
a government initiative aimed at empowering women in
rural areas. She dedicated herself to counselling women
on hygiene, family planning, and girl child education. She

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actively discouraged female foeticide, infanticide, dowry,


and child marriage.
Incident
In 1992, she discovered an impending marriage involving a
nine-month-old baby during the Akha Teej Festival, a time
considered auspicious for marriages, and was determined to
intervene.
Having experienced a child marriage herself at the age of
six, Bhanwari was resolute in her opposition. The angered
family thought it was beneath them to be told by a lower caste
woman to end a practice they fiercely thought otherwise.
When her efforts to counsel the family were met with
resistance, she reported the matter to the police, only to
be abused and thrown out by the family. Undeterred, she
persisted, even when a policeman, misled by the family,
dismissed the situation as a family function.
On September 22, 1992 while she and her husband were
working in their field, five men attacked her husband. She
went to her husband’s rescue, when two men raped here,
while the other three men kept her pinned down to the ground
in the presence of her husband.
Legal Battle
Despite the challenges, Bhanwari and her husband refused to
remain silent. They reported the incident to the police, facing
insensitivity from doctors, police officers, and the judiciary.
Bhanwari went public with her rape, challenging conservative
norms in Rajasthan. However, during the trial, judges were
changed multiple times, and in November 1995, the accused
were acquitted on various grounds, including caste-based
prejudices and societal norms besides citing lack of evidence
and community pressure.

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Facing injustice, Bhanwari received support from NGOs and


women’s groups, leading to public outrage and protests. The
state government eventually challenged the verdict in the
Rajasthan High Court, though progress was slow.
Impact
Bhanwari Devi’s case brought to the forefront the prevalence
of sexual harassment and the inadequacies of the legal system
in addressing such crimes. The failure to secure justice in her
case prompted a nationwide outcry and ignited a renewed
determination among activists and organisations to address
the issue of sexual harassment more effectively.
Bhanwari’s case also shed light on the vulnerability
of women in the workplace. Her employers, the state
government authorities, denied responsibility for her assault,
leading to a broader question: who should be responsible for
the safety and welfare of women working for an employer?
This question prompted activists and women’s groups to
file a public interest petition in the Supreme Court, leading
to the formulation of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and Redressal) Act,
2013.

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Emergence of the Vishakha Guidelines


The Vishakha Guidelines, named after the landmark Vishakha
vs. State of Rajasthan case in 1997, was a pioneering effort
by the Supreme Court of India. The guidelines provided a
foundation for organisations to adopt preventive measures
and establish mechanisms for addressing complaints. Her
case remains a powerful testament to the importance of
grassroots activism and the need for comprehensive legal
mechanisms to combat workplace harassment.
The Vishakha Guidelines: Key Provisions and Principles:
i. Definition of Sexual Harassment: The guidelines
provided a comprehensive definition of sexual
harassment, encompassing unwelcome sexually
determined behaviour, such as physical contact, requests
for sexual favours, sexually coloured remarks, showing
pornography, or any other unwelcome physical, verbal,
or non-verbal conduct of a sexual nature.

ii. Employer’s Responsibility: Employers were deemed


responsible for preventing and addressing sexual
harassment at the workplace. It became imperative for
organisations to take proactive measures to create a safe
and secure working environment for all employees.

iii. Internal Complaints Committee (ICC): The


guidelines recommended the establishment of Internal
Complaints Committees (ICC) in organisations. These
committees were tasked with receiving and addressing
complaints of sexual harassment, conducting inquiries,
and ensuring the redressal of grievances in a fair and
expedient manner.

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iv. Redressal Mechanisms: The guidelines emphasised


the need for fair and just redressal mechanisms, ensuring
that victims of sexual harassment could seek recourse
without fear of victimisation or retaliation. The ICC
was entrusted with the responsibility of conducting
impartial investigations and recommending appropriate
actions.

v. Preventive Measures: Recognising the importance of


prevention, the guidelines called for the implementation
of preventive measures such as awareness programs,
workshops, and sensitisation sessions to foster a culture
of respect and equality in the workplace.

vi. Confidentiality: Confidentiality was stressed to protect


the privacy of the complainant, the accused, and
witnesses involved in the proceedings. This provision
aimed to encourage victims to come forward without
the fear of public exposure or retribution.

vii. Regular Monitoring and Reporting: The guidelines


recommended regular monitoring of compliance
with their provisions and the submission of reports to
appropriate authorities. This was intended to ensure that
organisations adhered to the principles outlined in the
guidelines.

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The Need for a Dedicated Legislation


While the Vishakha Guidelines represented a crucial
step forward, they were not legally binding and lacked a
comprehensive legislative framework. Recognising the need
for robust and enforceable measures, there was a growing call
for dedicated legislation to address workplace harassment
comprehensively. The guidelines, though influential,
revealed gaps that required legislative intervention for a
more systematic and enforceable approach.
Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013
Responding to the evolving societal demands and recognising
the gaps identified through the Vishakha Guidelines, the
Indian Parliament enacted the PoSH Act in 2013.
This legislation marked a paradigm shift, providing a
statutory basis for preventing and addressing workplace
harassment. It mandated the establishment of Internal
Complaints Committees (ICC) in workplaces, outlining
procedures for filing complaints, conducting inquiries,
and ensuring prompt redressal. The PoSH Act extended
protection beyond employees to include interns, volunteers,
and other categories.
The PoSH Act introduced several key provisions, including
defining sexual harassment comprehensively, specifying
the constitution and functioning of ICC, and emphasising
the employer’s responsibility to create a safe working
environment. The Act was innovative in its approach,
recognising the dynamic nature of workplaces and addressing
the diverse forms harassment can take.

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Relevant Sections of the Indian Penal Code (IPC)


In addition to the specific provisions of the PoSH Act, certain
sections of the Indian Penal Code address different aspects
of workplace harassment.
Section 354 deals with criminal assault or criminal force
with intent to outrage a woman’s modesty, while Section
509 pertains to words, gestures, or acts intended to insult the
modesty of a woman. These Sections provide an additional
layer of legal protection against criminal offenses related to
harassment.
i. Equal Remuneration Act, 1976: Ensuring equal
treatment in the workplace, the Equal Remuneration Act
prohibits discrimination in remuneration on the basis of
gender. While not explicitly addressing harassment, this
act contributes to fostering a workplace environment
free from gender-based discrimination, which is
foundational to preventing harassment.

ii. Labour Laws: Various labour laws in India contribute


to the broader framework for workplace protection.
Acts such as the Factories Act, 1948, and the Industrial
Employment (Standing Orders) Act, 1946, include
provisions related to the safety and well-being of
workers, indirectly contributing to the prevention of
harassment.
Understanding this comprehensive legal framework is
crucial for all stakeholders in the workplace. Employers,
employees, and legal professionals alike must be well-versed
in these laws to effectively combat harassment, protect the
rights of individuals, and contribute to cultivating a safe and
inclusive work environment.

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Chapter 5

Cultural Context
U nderstanding workplace harassment in India necessitates
an exploration of the intricate interplay between cultural
norms, societal expectations, and workplace dynamics.
This chapter delves into the cultural context that influences
response to harassment within the Indian workplace.
Gender Norms and Stereotypes in the Indian Workplace:
India’s workplace dynamics are deeply influenced by
traditional gender norms and stereotypes. The societal
expectation that places women in nurturing roles and men in
authoritative positions can contribute to power imbalances.
Role of Social Structures in Perpetuating or Combating
Harassment: Caste, class, and social hierarchies intricately
affect workplace dynamics in India. Examining the role of
caste or class in hiring practices, promotions, and everyday
interactions sheds light on potential sources of harassment.
It also explores instances where these structures can be
leveraged to combat harassment by fostering solidarity and
collective action.
Intersectionality in Workplace Harassment: Workplace
harassment is not experienced uniformly. Factors such
as gender, caste, religion, and socio-economic status
intersect, thereby creating unique challenges for individuals.
Understanding intersectionality is crucial for developing
policies and support systems that address the diverse
experiences of different groups.
Balancing Modernity and Tradition: While progressive
ideals advocate for gender equality and respectful workplace
environments, deeply ingrained traditional values resist

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change. This tension manifests in workplace interactions,


policies, and organisational structures, influencing the
prevalence and response to harassment.
Impact on Workplace Culture: Cultural norms
significantly shape workplace culture. Attitudes towards
harassment are reflected in the broader organisational ethos
and culture that either tolerates or condemns harassment
is manifested in policies, communication channels, and
employee interactions. Understanding this impact is crucial
for creating interventions that address cultural influences on
workplace behaviour.
Strategies for Cultural Transformation: Initiatives such
as diversity and inclusion programs aim to challenge and
reshape cultural norms. Awareness campaigns can highlight
the detrimental effects of harassment and foster empathy.

The Influence of Culture on Workplace


Dynamics
Culture, with its myriad facets, significantly shapes
the dynamics within the workplace. The ways people
communicate, interact, and perceive authority are deeply
embedded in cultural norms.
i. Communication Styles: Cultural nuances profoundly
influence how communication unfolds in the workplace.
High-context cultures, where communication is implicit
and relies on shared understanding, may lead to subtle
forms of harassment being overlooked. In contrast, low-
context cultures, which favour explicit communication,
may find certain behaviours more directly addressed.
Understanding these communication styles is crucial
for recognising, preventing, and addressing workplace
harassment effectively.

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ii. Hierarchy and Power Structures: Cultural


frameworks often dictate hierarchical structures within
organisations. Respect for authority, a common cultural
value, may deter individuals from reporting harassment
when the perpetrator holds a position of power. The
power differentials based on cultural norms can either
perpetuate or challenge harassment.

iii. Collectivism vs. Individualism: Cultural dimensions


such as collectivism and individualism shape how
employees perceive their roles within the organisation.
In collectivist cultures, where group harmony is
prioritised, individuals may hesitate to report harassment
to avoid disrupting the team. Individualistic cultures, on
the other hand, may foster a more assertive approach to
reporting. Analysing these cultural dimensions provides
insights into group dynamics and their implications for
addressing workplace harassment.

iv. Attitudes Toward Gender Roles: Cultural norms


often prescribe specific roles and behaviours based on
gender. Traditional gender roles can contribute to the
perpetuation of harassment, especially when certain
behaviours are normalised or dismissed. Understanding
how cultural attitudes toward gender roles influence
workplace interactions is crucial for creating
interventions that challenge stereotypes and promote
gender equality.

v. Collective Silence and Social Stigma: In some


cultures, there is a collective tendency to avoid
addressing uncomfortable topics to maintain harmony.

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This silence can contribute to the perpetuation of


harassment. Additionally, cultural stigmas around
discussing sensitive issues may deter victims from
reporting. Examining the cultural factors that contribute
to collective silence and social stigma is essential for
designing strategies that encourage open communication
and reporting.

vi. Impact of Cultural Diversity: Workplaces today often


embrace cultural diversity, bringing together individuals
from various cultural backgrounds. While diversity
can enrich organisational dynamics, it also introduces
the potential for cultural misunderstandings. Cultural
diversity may contribute to or mitigate workplace
harassment, emphasising the importance of cultural
competence and inclusivity in fostering a respectful
environment.

vii. Cultural Competence in Leadership: Leadership


styles are deeply influenced by cultural norms. Leaders
who are culturally competent can create inclusive
environments that discourage harassment. The role
of leadership in promoting cultural competence
and understanding diverse perspectives can foster a
workplace culture that values diversity and rejects
harassment.
Analysing the influence of culture on workplace dynamics,
organisations can develop targeted strategies to address and
prevent harassment. This understanding not only promotes
a more inclusive workplace but also contributes to the
creation of policies and interventions that resonate with
the cultural context, ensuring their effectiveness in diverse
organisational settings.

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Chapter 6

Gender Norms and


Stereotypes
G ender norms and stereotypes play a pivotal role
in shaping the dynamics of the Indian workplace.
Deeply rooted in cultural traditions, these norms influence
organisational structures, professional expectations, and
interpersonal relationships. Let us explore the impact of
gender norms and stereotypes on the Indian workplace.
Traditional Roles and Professional Expectations: In the
Indian context, traditional gender roles often assign distinct
responsibilities to men and women. Men are frequently
expected to assume leadership positions, while women may
be confined to roles perceived as nurturing or supportive.
This ingrained division can influence hiring decisions,
promotions, and expectations regarding professional
capabilities.
Analysing these traditional roles is crucial for understanding
how they contribute to power imbalances and limited career
opportunities for women.
Power Imbalances and Harassment: Gender stereotypes
contribute to power imbalances in the workplace, creating an
environment where harassment can thrive. The perception of
men as inherently authoritative and women as subordinate
may lead to instances of abuse of power.
These power dynamics, rooted in gender norms, can
perpetuate harassment and inhibit victims from reporting
due to fears of retaliation.
Impact on Career Progression: The influence of gender
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norms extends to career progression, affecting the


advancement of women in the workplace. Stereotypes that
associate women primarily with domestic responsibilities
can result in biased evaluations and limited opportunities
for professional growth.
Understanding the impact of gender norms on career
trajectories is crucial for organisations striving to create
equitable and inclusive paths for all employees.
Expectations Regarding Behaviour and Appearance:
Stereotypes also dictate expectations regarding behaviour
and appearance, placing undue pressure on individuals to
conform to predefined notions of femininity or masculinity.
Women may face scrutiny for being perceived as too
assertive or too passive, while men may encounter resistance
if they deviate from traditional masculine norms. These
expectations contribute to a restrictive and judgemental
workplace culture.
Challenges for Women in Leadership: The stereotype
that associates leadership qualities with masculine traits
can pose significant challenges for women aspiring to
leadership roles. The barriers women face in breaking
through the proverbial glass ceiling, examining how gender
norms contribute to a lack of representation at the leadership
level and the pervasive challenges women encounter when
navigating leadership positions needs to be understood.
Strategies for Challenging Stereotypes: To combat
the influence of gender norms and stereotypes, proactive
strategies are essential. Initiatives that challenge traditional
roles, such as mentorship programs, leadership development
for women, and awareness campaigns, can contribute to
reshaping perceptions.
Actionable strategies for fostering a workplace culture that
challenges stereotypes, promotes diversity, and provides

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equal opportunities for career advancement is required.


Promoting Gender Sensitivity: Cultivating gender
sensitivity is crucial for fostering a workplace that
rejects stereotypes and embraces diversity. This involves
comprehensive training programs, open dialogues, and the
establishment of policies that promote equal opportunities.
By promoting awareness and understanding of the impact
of gender norms, organisations can create environments
that celebrate differences and value the contributions of all
employees.
Understanding and challenging gender norms and
stereotypes is a fundamental step towards fostering a more
inclusive and equitable workplace in India. Organisations
can pave the way for a future where individuals are valued
for their abilities, irrespective of gender by recognising the
impact of cultural expectations and implementing targeted
interventions.

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Chapter 7

Role of Social Structures


S ocial structures, encompassing elements like caste, class,
and social hierarchies, wield significant influence on
workplace dynamics. These structures can either perpetuate
or combat harassment within the organisational framework,
shedding light on power dynamics, reporting mechanisms,
and collective action.
Power Dynamics and Harassment: Social structures
contribute to power imbalances within the workplace,
shaping how individuals interact and exert influence. Caste,
class, and social hierarchies can create situations where
those in privileged positions misuse their power, leading to
instances of harassment. These power dynamics rooted in
social structures contribute to the perpetuation of harassment.
Reporting Mechanisms: The hierarchical nature of
social structures can influence reporting mechanisms for
harassment. Victims may hesitate to report incidents if
the perpetrator belongs to a socially privileged group or
holds a position of authority. Understanding how social
structures impact reporting and the accessibility of redressal
mechanisms is crucial for designing systems that ensure
confidentiality and protection for victims.
Disparities in Opportunities: Social hierarchies can
translate into disparities in opportunities within the
workplace. Individuals from marginalised social groups
may face discrimination in hiring, promotions, or access to
resources. These disparities can create an environment where
harassment becomes a tool to reinforce social hierarchies,
hindering the professional growth of certain groups.

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Social Connections and Influence: Social structures often


extend beyond the workplace, with personal and community
connections playing a role in professional interactions. This
inter-connectedness can influence workplace dynamics,
impacting decisions related to recruitment, promotions, and
project assignments.
Collective Action and Solidarity: On the positive side,
social structures can be leveraged for collective action and
solidarity against harassment. Communities and groups that
share common social identities may unite to support victims
and challenge the status quo. Understanding the potential for
collective action within social structures is vital for fostering
a workplace culture that actively combats harassment.
Intersectionality: Intersectionality in Social Structures
adds layers to the experiences of individuals. An individual’s
experience of harassment may be influenced by the
convergence of multiple identities, such as caste, class, and
gender. Recognising and addressing these intersections is
crucial for developing comprehensive strategies that account
for the diverse challenges faced by different groups.
Organisational Policies and Social Sensitivity:
Organisations can play a crucial role in either perpetuating
or challenging social structures. The importance of
implementing policies that actively address discrimination,
promote diversity and inclusion would ensure that social
structures do not impede the fair treatment of all employees.
Cultivating social sensitivity within the organisational
culture is essential for creating an environment that values
individuals irrespective of their social backgrounds.
Understanding the role of social structures in workplace
harassment is imperative for organisations seeking to foster
inclusive and equitable environments.

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Chapter 8

Forms of Harassment
H arassment in the workplace manifests in various forms,
creating an intimidating and hostile environment
for victims. This chapter explores the nuanced landscape
of harassment, shedding light on its different types,
manifestations, and the impact on individuals and
organisations.
Generally workplace sexual harassment refers to two
common forms of inappropriate behaviour:
A. Quid Pro Quo (literally ‘this for that’)
• Implied or explicit promise of preferential/detrimental
treatment in employment
• Implied or express threat about her present or future
employment status
B. Hostile Work Environment
• Creating a hostile, intimidating or an offensive work
environment
• Humiliating treatment likely to affect her health or safety
Before delving into the specific types, it is crucial to establish
a comprehensive definition of workplace harassment.
Workplace harassment encompasses any unwelcome
conduct, communication, or behaviour that creates an
intimidating, hostile, or offensive working environment. It
can manifest in various forms, targeting individuals based
on factors such as gender, race, religion, or other protected
characteristics.
Sexual harrassment is a pervasive form of workplace

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misconduct that involves unwelcome advances, requests


for sexual favours, or other verbal or physical conduct of a
sexual nature. It comprises of both quid pro quo harassment,
where employment decisions are tied to the acceptance or
rejection of such advances, and hostile work environment
harassment, where pervasive sexual conduct creates an
intimidating atmosphere.
Discriminatory Harassment targets individuals based on
protected characteristics such as race, ethnicity, religion, age,
or disability. The various ways discriminatory harassment
can manifest includes racial slurs, religious discrimination,
age-based taunts, and other forms of biased conduct.
Understanding the intersectionality of discrimination is
crucial for recognising and addressing these nuanced forms
of harassment.
Bullying and Intimidation create a hostile environment
through repeated mistreatment, verbal abuse, or threats.
Workplace bullying can take various forms, from verbal
aggression and humiliation to exclusion and sabotage.
Understanding the psychological impact of bullying is
essential for organisations seeking to foster a healthy and
respectful workplace culture.
In the digital age, harassment extends beyond physical
interactions to the online realm. Cyber harassment includes
behaviours such as online bullying, cyber-stalking, or the
dissemination of offensive content. The unique challenges
posed by cyber harassment outlines the need for organisations
to establish policies that address online misconduct.
Retaliation occurs when an individual faces adverse
consequences for reporting or opposing harassment. The
subtle ways retaliation can manifest, includes negative
performance evaluations, demotions, or exclusion from
professional opportunities. Recognising and addressing

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retaliation is crucial for fostering a culture where individuals


feel safe reporting harassment without fear of reprisal.
Microaggressions are subtle, often unintentional,
discriminatory remarks or actions that marginalise individuals
based on their characteristics. They can contribute to a
hostile work environment and highlights the importance of
education and awareness to address these seemingly minor
but impactful behaviours.
Psychological and Emotional Harassment involves tactics
designed to undermine an individual’s mental well-being.
The subtle tactics used in psychological harassment,
including gas-lighting, constant criticism, and isolation.
Recognising the signs of psychological harassment is crucial
for organisations to prioritise the mental health and well-
being of their employees.
Individuals may experience multiple forms of harassment
simultaneously due to their intersecting identities.
Recognising the complexity of these experiences is crucial
for developing inclusive policies and support systems that
address the unique challenges faced by individuals at the
intersection of various identities.
From emotional distress and decreased job satisfaction
to legal consequences and damage to the organisation’s
reputation, the ramifications of harassment are extensive.
Understanding these consequences underscores the urgency
for organisations to proactively address and prevent
harassment in all its forms.

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Behaviour that constitute sexual harassment at


the workplace:
1. Making sexually suggestive remarks or innuendos.
2. Serious or repeated offensive remarks, such as teasing
related to a person’s body or appearance.
3. Offensive comments or jokes.
4. Inappropriate questions, suggestions or remarks about a
person’s sex life.
5. Displaying sexist or other offensive pictures, posters,
MMS, SMS, WhatsApp, or e-mails. Intimidation, threats,
blackmail around sexual favours.
6. Threats, intimidation or retaliation against an employee
who speaks up about unwelcome behaviour with sexual
overtones.
7. Unwelcome social invitations, with sexual overtones
commonly understood as flirting.
8. Unwelcome sexual advances which may or may not be
accompanied by promises or threats, explicit or implicit.
9. Physical contact such as touching or pinching.
10. Caressing, kissing or fondling someone against her will.
11. Invasion of personal space.
12. Persistently asking someone out, despite being turned
down.
13. Stalking an individual.
14. Abuse of authority or power to threaten a person’s job or
undermine her performance against sexual favours.

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15. Falsely accusing and undermining a person behind


closed doors for sexual favours.
16. Controlling a person’s reputation by rumour-mongering
about her private life.
Behaviour that may indicate underlying workplace
sexual harassment and merit inquiry:
1. Criticising, insulting, blaming, reprimanding or
condemning an employee in public.
2. Exclusion from group activities or assignments without
a valid reason.
3. Statements damaging a person’s reputation or career.
4. Removing areas of responsibility, unjustifiably.
5. Inappropriately giving too little or too much work.
6. Constantly overruling authority without just cause.
7. Unjustifiably monitoring everything that is done.
8. Blaming an individual constantly for errors without just
cause.
9. Insults or humiliations, repeated attempts to exclude or
isolate a person.
10. Systematically interfering with normal work conditions,
sabotaging places or instruments of work.

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11. Arbitrarily taking disciplinary action against an


employee.
12. Controlling the person by withholding resources
necessary to succeed.

Workplace behaviours that may not constitute


sexual harassment
1. Following-up on work absences.
2. Requiring performance to job standards.
3. The normal exercise of management rights.
4. Work-related stress e.g. meeting deadlines or quality
standards.
5. Conditions of works.
6. Constructive feedback about the work mistake and not
the person.

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Chapter 9

Intersectionality
H arassment cases are complex and multifaceted, often
involving intersecting identities beyond just gender. This
section delves into the concept of intersectionality, exploring
how factors such as race, ethnicity, age, disability, and other
identity markers intersect to create unique challenges in
addressing and preventing workplace harassment.
Intersectionality recognises that individuals hold multiple
social identities, and these identities intersect to create
unique and often compounded forms of discrimination. It
goes beyond a singular focus on gender, acknowledging that
an individual’s experiences are shaped by the convergence
of various factors, including race, ethnicity, age, disability,
sexual orientation, and more.
Complexity in Harassment Cases: Workplace harassment
becomes more intricate when viewed through an
intersectional lens. Individuals may face harassment not
only based on their gender but also due to the intersection
of other identities. For example, a woman belonging to a
particular community may experience harassment differently
from another woman, highlighting the need to consider the
complexity of these cases.
Power Dynamics: Power dynamics in harassment cases are
influenced by intersectionality. Individuals with intersecting
marginalised identities may face compounded challenges
in the workplace. Recognising how power operates at the
intersection of various identities is crucial for understanding
the dynamics that contribute to harassment and for developing
targeted interventions.

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Unique Challenges of Marginalised Groups: Marginalised


groups may encounter unique challenges in harassment
cases. For instance, an older employee of a marginalised
ethnicity may face ageism, racism, and potentially sexism.
Understanding the distinct challenges faced by individuals
with intersecting identities is essential for organisations to
tailor their policies and support systems accordingly.
Impact on Mental Health: Intersectional harassment can
have a severe impact on mental health. Individuals dealing
with multiple forms of discrimination may experience
heightened stress, anxiety, or depression.
Legal Considerations: Legal frameworks addressing
workplace harassment should consider intersectionality.
Laws and policies need to recognise that individuals may
face discrimination based on a combination of factors.
Creating Inclusive Policies: Organisations must develop
inclusive policies that explicitly address intersectionality.
This involves recognising the unique challenges faced by
employees with intersecting identities and ensuring that anti-
harassment policies are comprehensive and inter-sectionally
sensitive.
Training and Awareness Programs: Training and awareness
programs play a pivotal role in addressing intersectionality
in harassment cases. This involves educating employees and
leaders about the impact of intersecting identities, fostering
empathy, and creating a culture of inclusivity.
Support Systems and Reporting Mechanisms: Support
systems and reporting mechanisms should be tailored to
address the diverse needs of individuals with intersecting
identities. Organisations should create confidential and
accessible reporting channels and establish support systems
that acknowledge the unique experiences of those dealing

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with intersectional harassment.


Building a Culture of Inclusivity: Ultimately, fostering
a culture of inclusivity is paramount in addressing
intersectionality in harassment cases. Organisations should
actively work towards creating environments where all
employees feel valued and respected, irrespective of their
intersecting identities. This involves leadership commitment,
cultural initiatives, and ongoing efforts to dismantle systemic
barriers.
Organisations can develop more nuanced and effective
strategies to create workplaces that are truly inclusive and
respectful of the diverse identities and experiences of their
employees by examining and addressing intersectionality in
harassment cases.

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Chapter 10

Detrimental Effects of
Harassment
W orkplace harassment exacts a profound toll on
individuals, affecting not only their psychological
and emotional well-being but also manifesting in physical
consequences.
This chapter explores the intricate ways in which individuals
experience the detrimental effects of harassment in the
workplace.
Psychological Impact

a. Stress and Anxiety: Persistent harassment induces


chronic stress and anxiety, as victims grapple with the fear
of encountering their harasser and the uncertainty of their
professional future.

b. Post-Traumatic Stress Disorder (PTSD): Severe cases


of harassment may lead to symptoms reminiscent of PTSD,
including intrusive thoughts, flashbacks, and heightened
arousal.

c. Depression: Victims often contend with feelings of


hopelessness and despair, contributing to the onset of
depression.

d. Cognitive Impairment: The constant mental strain


of harassment can impair cognitive functions, affecting
concentration, memory, and decision-making.

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Emotional Consequences

a. Shame and Guilt: Victims of harassment may internalise


blame, experiencing shame and guilt for being targeted,
exacerbating emotional distress.

b. Isolation: The emotional toll of harassment can lead to


social withdrawal and isolation as victims struggle to trust
others in the workplace.

c. Loss of Confidence: Harassment erodes an individual’s


self-confidence, making it challenging to assert themselves
and pursue professional opportunities.
Physical Manifestations

a. Sleep Disturbances: The emotional strain of harassment


often results in sleep disturbances, including insomnia or
disrupted sleep patterns.

b. Gastrointestinal Issues: Chronic stress from harassment


can contribute to digestive problems, such as stomach aches
and irritable bowel syndrome.

c. Cardiovascular Health: Prolonged exposure to


harassment may elevate the risk of cardiovascular issues due
to increased stress levels.

d. Weakened Immune System: Harassment-induced stress


weakens the immune system, making individuals more
susceptible to illnesses.
Impact on Personal Relationships

a. Strained Relationships: The emotional toll of harassment


extends beyond the workplace, straining relationships with

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family and friends.

b. Difficulty Trusting Others: Victims may find it


challenging to trust others, hindering their ability to form
new connections or maintain existing ones.

c. Impact on Family Life: Harassment’s repercussions


often extend to the home, affecting family dynamics and
overall well-being.
Coping Mechanisms and Maladaptive Behaviours

a. Unhealthy Coping Strategies: Victims may advocates


for employees and prioritises their well-being is crucial for
cultural resilience. Employee advocacy involves empowering
individuals to speak up, ensuring their voices are heard, and
fostering a sense of belonging.

b. Support systems: Robust support systems, including


counselling services and employee assistance programs,
contribute to restoring a healthy workplace culture. Support
systems are instrumental in helping employees cope with the
effects of harassment and facilitating their recovery.
Preventive Measures and Proactive Intervention

a. Preventive measures: Preventive measures, such as


education and training programs, cultivate awareness and
empower employees to recognise and address harassment.
Training initiatives should emphasise the importance of
respect, inclusion, and reporting mechanisms.

b. Proactive intervention: Organisations must intervene


proactively when signs of harassment emerge, reinforcing

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a commitment to a safe and respectful workplace. Proactive


intervention involves addressing issues promptly, conducting
thorough investigations, and implementing corrective
measures.
Measuring Workplace Productivity

a. Developing metrics: Developing metrics to assess


cultural health, including employee surveys and turnover
rates, aids in monitoring the effectiveness of cultural
transformation. Measuring cultural health provides insights
into the progress of initiatives and helps identify areas for
improvement.

b. Tracking: Tracking productivity indicators, such as


project timelines and absenteeism rates, helps gauge the
impact of harassment on overall organisational performance.
Monitoring productivity indicators allows organisations to
quantify the tangible effects of workplace culture on business
outcomes.
The ripple effects of workplace harassment are complex
and far-reaching. Organisations must recognise the
interconnectedness of workplace culture and productivity,
and address harassment not only as a legal compliance
issue but as a fundamental aspect of fostering a healthy and
thriving workplace.

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Chapter 11

Legal Protections and


Redress
W orkplace harassment inflicts psychological, emotional,
and physical harm on victims, necessitating a
comprehensive approach to address its multifaceted
consequences.
This chapter explores the legal avenues for redress, the
importance of reporting, and the crucial role of resilient
workplace cultures in mitigating and preventing harassment.
Legal Avenues for Redress
Understanding one’s rights and the available legal avenues
is paramount for empowering victims to seek redress for the
harm they have endured. Knowledge of the legal framework
equips individuals with the tools to navigate the complexities
of filing complaints, pursuing investigations, and seeking
justice. By shedding light on these legal pathways,
victims could be empowered to assert their rights and hold
perpetrators accountable.
Importance of Reporting
Encouraging a culture of reporting is fundamental in creating
an environment where victims feel supported in voicing their
concerns and seeking assistance. Reporting mechanisms
serve as a vital lifeline, providing individuals with a platform
to share their experiences without fear of reprisal. Reporting
not only serves as a means of seeking redress but also as a
catalyst for organisational change. By fostering a culture that
prioritises reporting, workplaces can actively contribute to
eradicating harassment.
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Building Resilient Workplace Cultures


A workplace culture rooted in respect, inclusivity, and
empathy acts as a powerful deterrent against harassment.
It is important to create environments where individuals
feel valued, heard, and treated with dignity. By promoting
respect as a core value, organisations lay the foundation for
a workplace that rejects harassment in all its forms.
Leadership Commitment
Leadership commitment is instrumental in building resilient
workplace cultures. Leaders can actively contribute to
creating psychologically safe environments where employees
feel secure in reporting incidents of harassment.
By setting the tone from the top, leaders play a pivotal role
in shaping organisational values and fostering a culture that
prioritises the well-being of every team member.
Organisations and individuals are integral components in
this collective effort to create environments that not only
respond effectively to incidents but also actively work
towards preventing harassment.
Addressing the consequences of workplace harassment
requires a holistic approach that integrates legal protections,
reporting mechanisms, and the cultivation of resilient
workplace cultures.

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Chapter 12

Ripple Effects on Workplace


Culture
W orkplace harassment, with its insidious nature, sends
shock waves through the organisational fabric,
influencing workplace culture and productivity. This chapter
explores the ripple effects that harassment has on the overall
dynamics of the workplace, affecting not only individuals
directly involved but the entire organisational ecosystem.

a. Erosion of Work Culture: Harassment erodes trust


among employees and between employees and management,
creating a pervasive atmosphere of suspicion and
apprehension. Trust is the bedrock of a healthy workplace
culture, and its erosion can result in decreased collaboration,
communication breakdowns, and an overall decline in
organisational effectiveness.
A culture tainted by harassment struggles to foster
inclusivity, hindering the organisation’s ability to attract
and retain diverse talent. The perception of a hostile work
environment makes it difficult for employees of different
backgrounds to feel valued and included, impacting
creativity and innovation. If unaddressed, harassment
can become normalised, perpetuating a culture where
inappropriate behaviour is tolerated. The normalisation of
misconduct sends a damaging message to employees that the
organisation is indifferent to their well-being, fostering an
unhealthy work culture.

b. Employee Morale and Engagement: A workplace


marred by harassment experiences a decline in overall
employee morale as individuals grapple with the emotional
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toll of mistreatment. Diminished morale contributes to a


negative workplace atmosphere, affecting teamwork and
individual well-being. Harassment dampens enthusiasm
and commitment, leading to reduced employee engagement
and a negative impact on productivity. Engaged employees
are more likely to contribute creatively to their roles, and a
decline in engagement can hinder organisational progress.

c. Communication Breakdown: Harassment creates


communication barriers, as employees may fear reprisals or
lack confidence in the effectiveness of reporting mechanisms.
Impaired communication channels hinder the flow of
information, exacerbating workplace tension and inhibiting
collaboration. Communication breakdowns contribute to
dysfunctional team dynamics, hindering collaboration and
the free flow of ideas. A workplace culture plagued by
harassment may witness increased conflicts, undermining
the effectiveness of teams and projects.

d. Impact on Productivity: Sexual Harassment contributes


to increased absenteeism as victims may avoid the
workplace, and presenteeism as employees attend work
but are not fully engaged due to stress. Both absenteeism
and presenteeism result in reduced overall productivity.
A culture of harassment can impede project progress, as
employees may be preoccupied with the emotional strain of
mistreatment. Delays in project timelines can have cascading
effects on organisational goals and success. High turnover
resulting from harassment incurs recruitment and training
costs, affecting overall productivity. Frequent turnover
disrupts team dynamics and places an additional burden on
remaining staff to fill the gaps.

e. Leadership-Employee Relationships: Failure to


address harassment erodes leadership credibility, leading
to a breakdown in the trust employees place in their
leaders. Leadership credibility is crucial for fostering a
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positive work environment and inspiring confidence in


organisational direction. A culture that tolerates harassment
fosters a climate of distrust, making it challenging for
employees to align with organisational goals. Distrust can
result in disengagement, resistance to change, and a lack of
commitment to organisational objectives.

f. Legal and Reputational Risks: Organisations that neglect


to address harassment face legal liabilities, including financial
penalties and damage to the organisation’s reputation. Legal
consequences can tarnish the organisation’s standing in
the industry and lead to long-term financial repercussions.
Instances of harassment can tarnish an organisation’s
reputation, affecting relationships with clients, customers,
and partners. Reputational damage may result in a loss of
business opportunities and hinder the organisation’s growth.

g. Cultural Shifts and Transformation: Addressing


harassment requires a cultural shift towards inclusivity,
respect, and zero tolerance for misconduct. Organisations
must actively promote values that align with a healthy
workplace culture, fostering an environment where
employees feel safe and valued. Organisations may need to
embark on transformation initiatives to overhaul their culture
and rebuild a positive work environment. Transformation
involves revisiting policies, redefining organisational
values, and implementing initiatives that promote a culture
of respect and inclusion.

h. Employee Advocacy and Support: Creating a workplace


culture that actively advocates for employees and prioritises
their well-being is crucial for cultural resilience. Employee
advocacy involves empowering individuals to speak up,
ensuring their voices are heard, and fostering a sense of
belonging. Robust support systems, including counselling
services and employee assistance programs, contribute to
restoring a healthy workplace culture. Support systems are
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instrumental in helping employees cope with the effects of


harassment and facilitating their recovery.

i. Preventive Measures:Preventive measures, such as


education and training programs, cultivate awareness and
empower employees to recognise and address harassment.
Training initiatives should emphasise the importance of
respect, inclusion, and reporting mechanisms. Organisations
must intervene proactively when signs of harassment
emerge, reinforcing a commitment to a safe and respectful
workplace. Proactive intervention involves addressing
issues promptly, conducting thorough investigations, and
implementing corrective measures.

j. Measuring Productivity: Developing metrics to assess


productivity, including employee surveys and turnover rates,
aids in monitoring the effectiveness of workplace culture.
Measuring cultural health provides insights into the progress
of initiatives and helps identify areas for improvement.
Tracking productivity indicators, such as project timelines
and absenteeism rates, helps gauge the impact of harassment
on overall organisational performance. Monitoring
productivity indicators allows organisations to quantify the
tangible effects of workplace culture on business outcomes.
The ripple effects of workplace harassment are complex
and far-reaching. Organisations must recognise the
interconnectedness of workplace culture and productivity,
addressing harassment not only as a legal compliance
issue but as a fundamental aspect of fostering a healthy and
thriving workplace.

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Chapter 13

Economic Cost of
Workplace Harassment
W orkplace harassment exacts a heavy toll not only on
individuals’ well-being but also on the economic
health of organisations. Ignoring or inadequately addressing
harassment can lead to a myriad of economic costs, affecting
productivity, employee turnover, and the overall financial
stability of the organisation. This chapter explores the far-
reaching economic consequences of turning a blind eye to
workplace harassment.
Turnover Costs
High turnover resulting from harassment incurs substantial
recruitment expenses, including advertising, interviewing,
and training costs for new hires. These costs strain
organisational budgets and divert resources that could be
invested elsewhere. The departure of experienced employees
due to harassment results in the loss of valuable institutional
knowledge, hindering organisational efficiency. Loss of
institutional knowledge may lead to a decline in the quality
of products or services and disrupt workflow.
Training and Re-training Costs
Organisations that fail to address harassment may find
themselves compelled to invest in repeated anti-harassment
training programs to rectify cultural issues. Continuous
training efforts are necessary to instil a culture of respect
and prevent recurrence of harassment incidents.
High turnover and a culture of harassment may necessitate
constant reskilling efforts, further draining organisational
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resources. The need for reskilling impacts employee morale


and organisational adaptability, affecting the overall capacity
for innovation.
Legal Expenses and Lawsuits
Ignoring harassment can lead to legal consequences,
resulting in significant legal fees and expenses associated
with defending against lawsuits. Legal fees divert financial
resources and may lead to budgetary constraints in other
essential areas. Organisations may incur financial settlements
or judgments if legal action is taken by victims of harassment.
Financial settlements can be substantial, impacting the
organisation’s financial stability and resources available for
growth and development.
Reputational Damage
Instances of harassment tarnish an organisation’s reputation,
leading to a potential erosion of trust among clients,
customers, and business partners. The loss of trust may
result in decreased business opportunities and partnerships.
Reputational damage can impact market positioning,
affecting the organisation’s ability to attract new clients or
retain existing ones. Negative market positioning may lead
to a decline in market share and decreased competitiveness.
Decreased Employee Engagement
A culture that ignores harassment results in lower employee
engagement and commitment, leading to reduced innovation
and overall organisational performance. Lower commitment
affects employee motivation, creativity, and willingness to
contribute to organisational success.
Ignoring harassment undermines teamwork, as employees
may become disillusioned and hesitant to collaborate
effectively. Negative team dynamics hinder the achievement

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of collective goals and may lead to project delays and


inefficiencies.Organisations compelled to address entrenched
harassment issues may need to invest in extensive work
cultural transformation initiatives. This culture involves
redefining organisational values, implementing new policies,
and rebuilding trust among employees.
Loss of Market Share and Business Opportunities
Reputational damage may result in the deterioration of client
relationships, leading to a loss of market share and missed
business opportunities. The decline in client relationships
directly impacts revenue and long-term business
sustainability. A workplace with a history of harassment
struggles to attract and retain top talent, hindering the
organisation’s competitiveness. The inability to attract top
talent limits the organisation’s capacity for innovation and
adaptation to industry changes.
Insurance Premium Increase
Organisations that experience harassment-related legal
issues may face increases in insurance premiums, further
exacerbating financial strain. Higher insurance premiums
impact budget allocations, redirecting funds from operational
needs to cover increased insurance costs. The financial
burden of elevated insurance costs affects budget allocations,
diverting resources away from critical operational needs.
Budget constraints may impede investment in growth
initiatives, technology upgrades, and employee development.
Long-Term Financial Stability
The economic consequences of ignoring harassment
influence market perception, impacting the organisation’s
long-term financial stability. Negative market perception
can lead to a decline in investor confidence, affecting the
organisation’s ability to secure funding and investments.

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Repeated instances of harassment may erode investor


confidence, affecting the organisation’s ability to secure
funding and investments. Decreased investor confidence
can hinder the organisation’s growth and expansion plans,
limiting its long-term financial viability.
Organisations must recognise the interconnectedness of
economic health and workplace culture, taking proactive
measures to address harassment and create a safe, respectful,
and inclusive workplace.

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Chapter 14

Reporting Mechanisms
T his chapter explores the critical role that reporting
mechanisms play in empowering individuals to voice
their concerns, fostering a culture of accountability, and
creating a safer, more inclusive work environment.
Encouraging Transparency: Reporting mechanisms
promote transparency by providing employees with a
confidential platform to report instances of harassment
without fear of retaliation. Transparency builds trust within
the organisation, assuring employees that their concerns will
be taken seriously and addressed appropriately.
Early Intervention: Timely reporting enables organisations
to intervene early, preventing the escalation of harassment
and addressing issues before they become systemic. Early
intervention is crucial for maintaining a healthy work
environment and minimising the impact of harassment on
individuals and the organisation as a whole.
Effective Reporting Mechanisms
Confidentiality: Ensuring the confidentiality of the reporting
process is crucial for building trust among employees
and encouraging open communication. Confidentiality
empowers individuals to come forward without fear of
reprisal, fostering a culture where reporting is seen as a safe
and responsible action.
Accessibility: Reporting mechanisms should be easily
accessible, allowing employees to submit complaints through
various channels, including online platforms, hotlines, and
in-person options. Accessibility ensures that individuals

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can choose the method that best suits their comfort and
convenience.
Clear Communication: Clearly communicating the
reporting process, including who receives reports, the
steps involved, and the protections in place for reporters,
is essential for its effectiveness. Clear communication
establishes expectations, reduces uncertainty, and reinforces
the organisation’s commitment to addressing harassment.
Whistle-blower Protection
Legal Safeguards: Implementing strong Whistle-blower
protection measures safeguards individuals who report
harassment from retaliation, reinforcing a culture of
accountability. Legal safeguards provide assurance to
Whistle-blowers that they will be protected from adverse
consequences for speaking out.
Educating Employees: Educating employees about their
rights and the protections afforded to Whistle-blowers
fosters a sense of security and encourages reporting.
Employee education creates awareness about the importance
of reporting and the organisation’s commitment to a
harassment-free workplace.
Ensuring Confidentiality
Anonymous Reporting Options: Offering anonymous
reporting options allows individuals to share their experiences
without revealing their identity, providing an additional
layer of protection. Anonymous reporting encourages those
who may be hesitant to come forward, ensuring a more
comprehensive understanding of the extent of harassment.
Secure Information Handling: Organisations must
establish secure protocols for handling reported information,
ensuring that only authorised personnel have access. Secure

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information handling instils confidence in employees that


their reports will be treated with the utmost confidentiality
and sensitivity.
Training and Awareness
Education Initiatives: Conducting regular training sessions
on reporting mechanisms, the importance of reporting, and
the organisation’s commitment to addressing harassment
enhances awareness among employees. Education initiatives
create a culture where employees are well-informed about
the reporting process and its significance.
Promoting a Culture of Reporting: Cultivating a culture
that encourages reporting as a positive and responsible act
contributes to increased utilisation of reporting mechanisms.
Promoting a culture of reporting reduces stigma and
empowers employees to play an active role in maintaining a
safe work environment.
Multiple Reporting Avenues
Diverse Channels: Providing multiple reporting avenues
accommodates diverse preferences and comfort levels,
including online reporting platforms, dedicated hotlines,
and in-person reporting options. Diverse channels ensure
that individuals can choose the method that aligns with their
personal preferences and comfort levels.
Third-Party Reporting: Offering third-party reporting
options ensures objectivity and may appeal to individuals
who are hesitant to report within the organisation. Third-
party reporting adds an extra layer of independence to the
process, building confidence in the fairness of investigations.
Prompt Investigation Protocols
Establishing Protocols: Organisations should have clear

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and prompt investigation protocols in place, ensuring


that reported incidents are thoroughly and impartially
investigated. Prompt investigation protocols demonstrate
the organisation’s commitment to taking swift action against
harassment.
Communication During Investigations: Maintaining
open communication with the individuals involved during
the investigation process fosters trust and transparency.
Clear communication keeps reporters informed about the
progress of investigations, reducing anxiety and reinforcing
confidence in the reporting process.
Feedback and Follow-up
Providing Feedback: Offering feedback to reporters about
the status and outcome of their report reinforces trust in
the reporting process and demonstrates the organisation’s
commitment to accountability. Feedback provides closure to
reporters and emphasises the impact of their contribution to
a safer workplace.
Follow-up Procedures: Establishing follow-up procedures
ensures that reported incidents are monitored, and any
necessary further action is taken to prevent recurrence.
Follow-up procedures contribute to the organisation’s
ongoing commitment to addressing systemic issues and
improving overall workplace culture.
Measuring Reporting Mechanism Effectiveness
Utilisation Metrics: Regularly assessing the utilisation of
reporting mechanisms through metrics such as the number of
reports, types of incidents reported, and resolution outcomes
helps gauge effectiveness. Utilisation metrics provide
valuable insights into the prevalence of harassment and the
organisation’s responsiveness to reports.

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Employee Feedback Surveys: Gathering feedback from


employees about their perception of reporting mechanisms
provides valuable insights for improvement. Employee
feedback surveys capture the subjective experiences of
individuals using reporting mechanisms, helping identify
areas for enhancement.
Continuous Improvement and Adaptation
Feedback Loops: Establishing feedback loops with
employees allows organisations to continuously adapt and
improve reporting mechanisms based on evolving needs
and emerging challenges. Feedback loops facilitate ongoing
refinement, ensuring that reporting mechanisms remain
effective and responsive to changing circumstances.
Staying Informed About Best Practices: and incorporating
innovations in reporting mechanisms ensures that the
organisation remains at the forefront of creating a safe
workplace. Continuous learning and adaptation to best
practices contribute to the continuous evolution of reporting
mechanisms.
Global and Cross-Cultural Considerations
Cultural Sensitivity: Recognising and addressing cultural
nuances in reporting is crucial for creating mechanisms
that are accessible and effective across diverse workforce
demographics. Cultural sensitivity ensures that reporting
mechanisms resonate with individuals from various cultural
backgrounds.
Global Standardisation: Organisations with a global
presence should aim for standardised reporting mechanisms
while acknowledging and respecting cultural differences.
Global standardisation promotes consistency in addressing
harassment while recognising the unique cultural contexts in
different regions.

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Chapter 15

Challenges Faced by Victims


T he journey of reporting workplace harassment is often
fraught with challenges for victims. This chapter
delves into the complex hurdles that individuals face when
considering reporting incidents of harassment, examining
both systemic and individual obstacles that can deter victims
from coming forward.
i. Fear of Retaliation: Victims often fear retaliation,
including potential damage to their professional
reputation, missed opportunities for career advancement,
or even job loss. Concerns about being ostracised by
colleagues or facing a hostile work environment can
dissuade victims from reporting harassment.

ii. Lack of Trust in Reporting Mechanisms: Victims


who have witnessed or experienced a lack of action or
inadequate resolution from past reports may be sceptical
about the efficacy of reporting mechanisms. Doubts
about the confidentiality of the reporting process can
contribute to a reluctance to come forward.

iii. Cultural Stigma and Shame: Cultural norms and


workplace attitudes may perpetuate a stigma around
reporting harassment, creating an environment where
victims may feel ashamed or hesitant to disclose their
experiences. Concerns about being blamed for the
harassment or facing disbelief can discourage victims
from reporting.

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iv. Power Dynamics and Hierarchies: Victims may


hesitate to report harassment if the perpetrator holds
a position of power within the organisation, fearing
adverse consequences or an inability to challenge
authority. A lack of trust in organisational leadership
can exacerbate concerns about reporting, particularly if
there is a perceived lack of impartiality.

v. Complexity of Reporting Processes: Cumbersome


reporting processes, excessive paperwork, or unclear
procedures can create additional stress for victims,
making them less likely to initiate a report. The prospect
of reliving traumatic experiences during the reporting
process may deter victims who fear re-victimisation.

vi. Limited Legal Knowledge: Lack of awareness about


legal rights and protections may hinder victims from
reporting, especially if they are unsure about the legal
implications or safeguards available to them. Victims
may be deterred by misinformation or misconceptions
about the legal consequences of reporting harassment.

vii. Peer Pressure and Social Dynamics: Social dynamics


within a workplace may pressure victims to conform
to prevailing norms, discouraging them from reporting
harassment for fear of being viewed as disruptive.
Victims may fear isolation from peer groups or
colleagues who are unaware of the harassment, leading
to a reluctance to report.

viii. Emotional and Psychological Impact: The


emotional toll of harassment can be overwhelming,
making it challenging for victims to muster the strength

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to report. Societal stigma around mental health may


further deter individuals from seeking help or reporting
harassment-related distress.

ix. Limited External Support: In environments where


external advocacy groups or legal support are limited,
victims may feel isolated and without resources to
assist them in the reporting process. Concerns about
retaliation extending beyond the workplace may inhibit
victims from seeking external support.

x. Intersectional Challenges: Individuals with


intersecting identities may face unique challenges, with
multiple layers of discrimination making it even more
difficult to report harassment. Cultural and language
differences may create additional challenges for
reporting, particularly if support services do not account
for diverse backgrounds.

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Chapter 16

Complaints Committee
T he Act provides for two kinds of complaints mechanisms:
Internal Complaints Committee (ICC) and Local
Complaints Committee (LCC). All Complaints Committees
must have 50 per cent representation of women. ICC or LCC
members will hold their position not exceeding three years
from the date of their nomination or appointment.

Internal Complaints Committee


The Internal Complaints Committee (ICC) plays a pivotal
role in addressing workplace harassment, serving as a
designated body within organisations to receive and redress
complaints. Every employer is obliged to constitute an ICC
through a written order. The ICC will be composed of the
following members:

No Member Eligibility
1. Chairperson Women working at senior
level as employee; if not
available then nominated
from other office/units/
department/ workplace of the
same employer

2. 2 Members From amongst employees


(minimum) committed to the cause
of women/ having legal
knowledge/experience in
social work

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3. Member From amongst NGO/


associations committed to the
cause of women or a person
familiar with the issue of
Sexual Harassment

Where the office or administrative units of a workplace are


located in different places, division or sub-division, an ICC
has to be set up at every administrative unit and office.
Key considerations in evaluating the effectiveness of ICC:
1. Clear Mandate and Objectives
Defined Scope: An effective ICC should have a clearly
defined mandate, outlining its role, responsibilities, and the
scope of issues it addresses. Clarity in scope ensures that the
ICC can address a wide range of harassment issues and sets
clear expectations for both employees and the committee
itself.
Alignment with Legal Framework: The objectives of
the ICC should align with the legal framework governing
workplace harassment, ensuring compliance with applicable
laws. Alignment with legal requirements is crucial for
providing a robust and legally defensible process for
addressing harassment complaints.
2. Composition and Diversity
Diverse Representation: The ICC should comprise
diverse members representing various levels, genders, and
departments within the organisation, fostering impartiality
and inclusivity. Diverse representation enhances the
committee’s ability to understand different perspectives and
ensures a fair and unbiased approach.
Training and Sensitisation: Regular training sessions for

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ICC members on legal requirements, procedural fairness,


and sensitivity are essential to enhance their effectiveness.
Training ensures that committee members are well-equipped
to handle complaints with the required expertise, empathy,
and understanding.
3. Accessibility and Awareness
Transparent Communication: The ICC’s existence,
role, and reporting mechanisms should be transparently
communicated to all employees, promoting awareness and
accessibility. Transparent communication builds trust and
encourages employees to utilise the reporting mechanisms.
Ease of Reporting: The process for reporting harassment
should be easily accessible, accommodating various reporting
channels, including online platforms, in-person options,
and anonymous reporting. Ease of reporting encourages
employees to come forward, ensuring a comprehensive
approach to addressing harassment.
4. Confidentiality and Protection
Confidentiality Assurance: Ensuring the confidentiality
of the complaint and investigation process is paramount to
encourage victims to come forward without fear of reprisal.
Confidentiality safeguards the privacy of individuals
involved and encourages a safe reporting environment.
Whistle-blower Protection: The ICC should implement
measures to protect Whistle-blowers from retaliation,
reinforcing a culture that supports individuals reporting
harassment. Whistle-blower protection measures ensure the
safety of those who speak up against harassment.
5. Timely and Impartial Investigations
Timely Response: A prompt and efficient response to
complaints is crucial, minimising delays and ensuring that

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investigations are conducted in a timely manner. Timely


responses demonstrate the organisation’s commitment to
addressing harassment promptly.
Impartiality: The ICC must maintain impartiality throughout
the investigative process, treating all parties fairly and
avoiding any conflicts of interest. Impartial investigations
build confidence in the integrity of the committee’s decisions.
6. Documentation and Record-Keeping
Thorough Documentation: A Comprehensive
documentation of complaints, investigations, and resolutions
is essential for accountability, compliance, and continuous
improvement. Thorough documentation provides a clear
record of the committee’s actions and decisions.
Secure Record-Keeping: Ensuring the secure storage of
records while adhering to data protection laws is crucial
to maintain confidentiality and protect the privacy of
individuals involved. Secure record-keeping safeguards
sensitive information and aligns with legal requirements.
7. Support Systems for Parties Involved
Victim Support: The ICC should provide support
mechanisms for victims, including counselling services and
information about legal rights, throughout the reporting and
investigation process. Victim support ensures the well-being
of individuals who have experienced harassment.
Fair Treatment for Respondents: Ensuring fair treatment
for individuals against whom complaints are lodged is
essential to uphold principles of natural justice. Fair treatment
contributes to a balanced and unbiased investigative process.
8. Communication of Outcomes
Feedback to Parties: Clear communication of investigation

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outcomes to both the complainant and respondent is


necessary, reinforcing transparency and accountability.
Feedback provides closure to parties involved and helps
them understand the decisions made by the ICC.
Corrective Actions: The ICC should be empowered to
recommend and oversee corrective actions, ensuring that
appropriate measures are taken to address harassment
and prevent recurrence. Corrective actions contribute to a
comprehensive approach to resolving harassment issues.
9. Monitoring and Evaluation
Regular Audits: Conducting regular audits and evaluations
of the ICC’s performance, processes, and outcomes helps
identify areas for improvement and ensures ongoing
effectiveness. Regular audits contribute to the continuous
enhancement of the committee’s capabilities.
Feedback Mechanisms: Establishing feedback mechanisms
for employees who engage with the ICC ensures continuous
refinement of the committee’s processes based on user
experiences. Feedback mechanisms provide valuable
insights for improving the overall effectiveness of ICC.
10. Legal Compliance
Adherence to Legal Requirements: The ICC must ensure
strict adherence to legal requirements related to workplace
harassment, staying updated on any changes in legislation.
Legal compliance ensures the credibility and validity of the
ICC’s actions.
Alignment with Policies: ICC processes and decisions should
align with the organisation’s internal policies, fostering
consistency and legal compliance. Alignment with internal
policies ensures a unified approach to addressing harassment
issues.

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11. Continuous Improvement Culture


Learning from Cases: Utilising insights gained from each
case, the ICC should actively contribute to the organisation’s
ongoing efforts to prevent harassment, fostering a culture of
continuous improvement. Learning from cases ensures that
the ICC evolves and adapts based on real-world experiences.
Adaptation to Emerging Challenges: The ICC should be
agile and responsive to emerging challenges and evolving
dynamics related to workplace harassment. Adaptation to
emerging challenges ensures that the ICC remains effective
in addressing new forms of harassment or changing
organisational structures.
12. Employee Satisfaction and Feedback
Employee Surveys: Regularly surveying employees about
their satisfaction with the ICC’s processes, responsiveness,
and perceived effectiveness provides valuable input for
enhancement. Employee surveys capture the overall
sentiment and satisfaction levels, helping the ICC make
informed improvements.
Open Channels for Feedback: Maintaining open channels
for anonymous or confidential feedback ensures that
employees feel comfortable expressing their views on the
ICC’s effectiveness. Open channels for feedback promote
transparency and inclusivity in the evaluation process.
The effectiveness of Internal Complaints Committees is
critical in shaping a workplace that actively combats
harassment. Organisations can ensure that their ICC
contribute meaningfully to creating a safe and respectful
work environment by focusing on clarity of purpose, diversity,
accessibility, confidentiality, and continuous improvement.

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Step-by-Step Guide to Manage Sexual


Harassment Complaints
Addressing sexual harassment in the workplace is a critical
concern across various industries. It carries significant
repercussions for individuals, including the complainant,
the respondent (against whom the complaint is filed), other
employees, and the overall company. In India, the PoSH Act
is specifically designed to create safe workplaces for women
and safeguard their dignity.
The ICC is tasked with investigating complaints of sexual
harassment in the workplace. The PoSH Act specifies the
qualifications, term, grounds for removal, and other details
pertaining to ICC members. Additionally, there is a growing
trend of organisations adopting gender-neutral PoSH
policies, allowing individuals of any gender to file sexual
harassment complaints.
To guide the Internal Complaints Committee in systematically
and efficiently handling PoSH complaints, follow this step-
by-step process:
Step 1: Jurisdiction Check
i. Confirm the inclusion of identities (complainant and
respondent) in the written complaint.

ii. Verify if the allegations align with the PoSH Act’s


definition of ‘sexual harassment’.

iii. Ensure the complaint is filed within 90 days of the


incident, with a discretionary extension option.

iv. Confirm the respondent’s status as an employee of the


organisation.

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v. Verify that the alleged incident occurred in the


workplace.
Step 2: Introductory Call with the Complainant
i. After confirming jurisdiction, initiate an introductory
call with the complainant.

ii. Understand the allegations, explain the legal procedure,


and inform about available redressal options.
Step 3: Introductory Call with the Respondent
i. Conduct an introductory call with the respondent to
inform them of the complaint, explain the procedure,
and outline their rights.
Step 4: Forward the Complaint Copy to the
Respondent
i. Provide the respondent with a copy of the complaint
within seven working days.

ii. Ensure fairness and unbiased proceedings, giving


the respondent an opportunity to respond within ten
working days.
Step 5: Follow up with the Complainant on
Redressal Option
i. Confirm the complainant’s choice between conciliation
and inquiry.

ii. If conciliation is chosen, convey terms to the respondent


for acceptance, denial, or negotiation.
Step 6: Examination of Complainant, Respondent, and
Witnesses
i. If inquiry is chosen, individually meet the parties and
witnesses for detailed discussions.
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ii. Use open-ended questions to assess the credibility of


the allegations.
Step 7: Cross-Examination
i. Allow the complainant and respondent to cross-question
each other in a supervised setting.

ii. Disallow personal or derogatory questions and permit


cross-examination of witnesses if necessary.
Step 8: Calling
i. Tracking productivity Optionally call parties or
witnesses for further clarification before concluding the
process.

ii. Permit leading questions if needed.


Step 9: Inquiry Report
i. Within 90 days, prepare an inquiry report with
recommendations based on the substantiation or
dismissal of the allegations.

ii. Forward the report to the employer within ten days,


allowing the employer 60 days to implement the
recommendations.
These steps provide a comprehensive framework for the
Internal Complaints Committee to follow while addressing
sexual harassment complaints under the PoSH Act.

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Local Complaints Committee (LCC)


The District Officer will constitute an LCC in every district
so as to enable women in the unorganised sector or small
establishments to work in an environment free of sexual
harassment.
The LCC will receive complaints:
i. From women working in an organisation having less
than 10 workers;

ii. When the complaint is against the employer himself;

iii. From domestic workers.

iv. At least one must be a woman

v. At least one must have a background of law or legal


knowledge
Composition of LCC

No. Member Eligibility


1. Chairperson Nominated from amongst the
eminent women in the field of
social work and committed to the
cause of women

2. Member Nominated from amongst the


women working in the block, taluka
or tehsil or ward or municipality in
the district

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3. 2 Members Nominated from amongst such


NGO/associations/persons
committed to the cause of women
or familiar with the issues relating
to sexual harassment, provided
that:

4. Ex Officio The concerned officer dealing with


member social welfare or women and child
development in the district

* 50% shall always be women

External Members on the Internal


Complaints Committee
The Act refers to external members, which generally
means persons who have expertise with the issue of sexual
harassment. Given the largely intangible nature of workplace
sexual harassment, there are a range of complexities involved
in responding effectively to workplace sexual harassment
complaints.
For this reason, external third party/ members on the
Complaints Committee (from civil society or legal
background) should possess the following attributes:
i. Demonstrated knowledge, skill and capacity in dealing
with workplace sexual harassment issues/complaints

ii. Sound grasp and practice of the legal aspects.

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Chapter 17

Complaints Mechanism
A nybody can become a victim of sexual harassment. As
per the PoSH Act, any aggrieved woman has the right
to file a complaint of sexual harassment with the employer.
It is important to note that the aggrieved woman need not be
an employee of an organisation to file a sexual harassment
complaint.
Complainant: PoSH Act defines the Complainant as the
person who filed a written complainant of sexual harassment
before the ICC/LCC. Either the aggrieved woman or any
other person who files a complaint on her behalf can be the
complainant.
Respondent: The person against whom a complaint is filed
is called the respondent. The respondent can be an employee
of an organisation or a third-party.
Registering Complaint
The complainant should submit a written complaint to the
ICC/LCC within three months (90 days) from the incident,
or in case of a series of incidents, within three months from
the last incident. The ICC/LCC can use its discretion to
extend this timeline to another three months if the reason for
delay of filing the complaint is valid.
Apart from registering a complaint with the Internal
Complaints Committee or the Local Complaints Committee,
PoSH Act allows the aggrieved woman to file a police
complaint also. Section 19 (g) of the PoSH Act states: “the
employer must “provide assistance to the woman if she so
chooses to file a complaint in relation to the offence under

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the Indian Penal Code (45 of 1860) or any other law for the
time being in force.”
Redressal
Conciliation: After submitting the complaint, complainant
can request the LCC/ICC to settle the matter through
conciliation. The ICC/LCC will communicate the
complainant’s desire for conciliation to the respondent. If
the respondent agrees for conciliation, the ICC/LCC can
initiate for conciliation.
The features of conciliation are:
i. The ICC must document the settlement and share the
copy of the report with the employer, complainant and
the respondent.

ii. Monetary settlement should not be the basis for


conciliation.

iii. Once a complaint is settled via conciliation, no inquiry


will be initiated on the same.
If the respondent is an employee of other organisation, the
ICC will forward the complaint to the ICC of the respondent’s
organisation and in case of a third-party, ICC will help the
complainant in filing a police complaint.
Inquiry
The ICC/LCC will initiate inquiry into the complaint if:
i. The complainant did not request for conciliation.

ii. The aggrieved woman informs the ICC/LCC that


the respondent did not comply to any of the terms or
conditions arrived at during conciliation or

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iii. The respondent does not agree for conciliation.


Process
i. The complainant will submit six copies of written
complaint with supporting documents and names and
addresses of the witness.

ii. ICC/LCC will send one copy of the complaint to the


respondent within 7 working days.

iii. The respondent will submit his/her response to the ICC/


LCC with supporting documents and list of witnesses
within 10 working days.

iv. The ICC/LCC will begin the inquiry and finish it


within 90 days. Every hearing of the inquiry will have
a minimum of three ICC/LCC members including the
Presiding Officer of ICC or Chairperson of LCC. The
Committee will also ensure to follow the principles of
natural justice during inquiry.

v. If the complainant or the respondent does not appear for


three consecutive hearings without a valid reason, the
ICC/LCC can terminate the inquiry and pass an order
ex-parte (without hearing to both the sides completely).

vi. Before terminating the complaint in such a manner, the


ICC/LCC will give a notice of 15 days to the parties.
It is to be noted that neither of the parties can bring their
lawyers to represent them in the inquiry conducted by the
LCC/ICC.

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Timelines
For the purpose of conducting inquiry, ICC/LCC is vested
with the powers of the Civil Court. Section 11 (3) of the
PoSH Act states: “For the purpose of making an inquiry
under sub-section (1), the Internal Complaints Committee or
the Local Complaints Committee, as the case may be, shall
have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908) when trying a suit
in respect of the following matters, namely:
i. Summoning and enforcing the attendance of any person
and examining him on oath;

ii. Requiring the discovery and production of documents;


and

iii. Any other matter which may be prescribed.


Report
Section 13 (1) of the PoSH Act states “On the completion
of an inquiry under this Act, the Internal Complaints
Committee or the Local Complaints Committee, as the case
may be, shall provide a report of its findings to the employer,
or as the case may be, the District Officer within a period of
ten days from the date of completion of the inquiry and such
report be made available to the concerned parties.”

Guidelines for Inquiry Report


1. Title Page
• Names, designations, and reporting managers of the
involved parties.
• Tenure of parties in the organisation.
• Names and designations of Internal Complaints

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Committee (ICC) members.


• Dates, case numbers, and reference numbers.
2. Inquiry Details
Nature of the allegation.
• Specifics of the complaint (time, place, related
documents, etc.).
• Applicability of PoSH Act.
• How the ICC received the complaint.
• Details of contacts made by the complainant before and
after filing the complaint.
• Respondent’s reply.
• Information on witnesses and their statements.
• Collected evidence, including documents, emails, chats,
and timestamps.
• Details of circumstantial evidence.
3. Inquiry Meetings
• Meeting number, date, and time.
• Attendees.
• Details of examination and cross-examination.
• Discussion details for ICC meetings.
• General observations (e.g., any rude or intimidating
behaviour).
• Meeting summaries.

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4. Conciliation
• Details of the conciliation process if requested by the
complainant.
• Declaration of no monetary settlement as part of
conciliation.
5. Findings & Conclusion
• In-depth explanation of findings adhering to natural
justice principles.
• Reasons for upholding or dismissing allegations by the
complainant.
6. Recommendations to the Employer
• Disciplinary actions recommended against the
respondent.
• Rehabilitation details for the aggrieved.
• Mention if the allegation against the respondent is not
proved.
7. Declaration by the ICC
• Copy distribution to the complainant, respondent, and
employer.
• Declaration of confidentiality, except when required by
law.
• Adherence to the provisions of the PoSH Act.
• Documentation of reasons for recommendations.
• Confirmation of no personal interest by ICC members.

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8. Signature of the ICC Members


• Signatures of the Presiding Officer, ICC Members, and
External Member.
The committee can recommend punishments stipulated in
the organisation’s service rules. If no service rules exist,
based on the severity of the offense, the ICC can recommend
actions such as a written apology, warning, reprimand/
censure, withholding of promotion or pay rise, deduction
of compensation from the respondent’s salary, termination,
community service, or counseling.
Interim Relief for the Aggrieved
If the aggrieved experiences any difficulty or discomfort
when the case is under inquiry, she can inform this to the
ICC/LCC. The ICC/LCC will recommend the employer to
provide any of the following interim relief:
i. Transfer the aggrieved woman or the respondent to any
other location;

ii. Grant leave to the aggrieved woman up to a period of


three months (this leave is in addition to the leave she is
already entitled to)

iii. Restrain the respondent from reporting on the work


performances of the aggrieved woman or writing her
confidential report, and assign the same to another
officer.

iv. In case of an educational institution, restrain the


respondent from supervising any academic activity of
the aggrieved woman.

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Handling False Complaints


Section 14(1) of the PoSH Act delves into the concept of
false complaints and outlines the corresponding penalties.
The provision reads as follows:
14. Punishment for false or malicious complaint and false
evidence.
(1) Where the Internal Complaints Committee or the Local
Complaints Committee, as the case may be, arrives at a
conclusion that the allegation against the respondent is
malicious or the aggrieved woman or any other person
making the complaint has made the complaint knowing it to
be false or the aggrieved woman or any other person making
the complaint has produced any forged or misleading
document, it may recommend to the employer or the District
Officer, as the case may be, to take action against the woman
or the person who has made the complaint under sub-section
(1) or sub-section (2) of section 9, … in such manner as may
be prescribed.
Determining the Validity of a Complaint
The Internal Complaints Committee must maintain an
unbiased stance and treat each complaint with equal
seriousness, avoiding prejudice. Even if the ICC has
suspicions about a complaint’s credibility, it should initiate
an inquiry impartially. Only when the ICC discovers
evidence proving malicious intent behind the complaint can
it recommend penalties against the complainant.
Additional Guidance from Section 14(1) of the
PoSH Act:
“Provided further that the malicious intent on the part of
the complainant shall be established after an inquiry in

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accordance with the procedure prescribed before any action


is recommended.”
Importantly, the inability to substantiate a complaint or
provide adequate proof does not automatically brand it as
false, as stated in Section 14(1) of the PoSH Act:
“Provided that a mere inability to substantiate a complaint
or provide adequate proof need not attract action against
the complainant under this section.”
Penalties for False Complaints
If it is proven that an individual has filed a false complaint,
the penalties should align with the organisation’s service
rules. In the absence of specific rules, the severity of the
complaint can dictate penalties, including a written apology,
warning, reprimand, withholding of promotion or pay rise,
termination, counselling, or community service.
Preventing False Complaints in an Organisation
• To deter false complaints, the ICC can consider the
following measures:
• Include severe penalties and fines for false complaints in
the organisation’s PoSH Policy.
• Incorporate consequences of filing false complaints in
regular PoSH training sessions, clarifying the distinction
between unsubstantiated complaints and false allegations.
• Use case studies in discussions to illustrate how Indian
courts handle false complaints, emphasising potential
legal consequences.
• During complaint acceptance, walk the complainant
through the inquiry procedure, explaining how false
complaints will be addressed.

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By conveying a strong message against harm in any form


and upholding a zero-tolerance approach, organisations
can mitigate the risks of both sexual harassment and false
complaints.
Enforcing Confidentiality under the PoSH Act
The PoSH Act unequivocally mandates the preservation of
confidentiality regarding sexual harassment complaints and
the ensuing proceedings. Section 16 of the Act explicitly
addresses the prohibition of publishing or disclosing the
contents of complaints and inquiry details. The provision
reads as follows:
16. Prohibition of publication or making known contents
of complaint and inquiry proceedings.
Notwithstanding anything contained in the Right to
Information Act, 2005 (22 of 2005), the contents of the
complaint made under section 9, the identity and addresses
of the aggrieved woman, respondent and witnesses, any
information relating to conciliation and inquiry proceedings,
recommendations of the Internal Complaints Committee or
the Local Complaints Committee, as the case may be, and the
action taken by the employer or the District Officer under the
provisions of this Act shall not be published, communicated
or made known to the public, press, and media in any manner:
Provided that information may be disseminated regarding
the justice secured to any victim of sexual harassment under
this Act without disclosing the name, address, identity, or
any other particulars calculated to lead to the identification
of the aggrieved woman and witnesses.
Emphasis on Confidentiality
It is crucial to recognise that the PoSH Act emphasises
confidentiality rather than absolute anonymity. Due to
the principles of natural justice followed by the Internal

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Complaints Committee, all documents involved in the


inquiry must be shared with both the complainant and the
respondent.
Complete anonymity is impractical, especially in cases
where the nature of sexual harassment is individual and the
narration may inadvertently reveal the identity of the parties
and witnesses, even if names are concealed.
Information to be Kept Confidential
The following information must be kept confidential and not
disclosed to the public, press, or media:
1. Identity of the complainant, respondent, or witnesses.
2. Inquiry proceedings.
3. Conciliation details.
4. Recommendations of the Internal Complaints Committee.
5. Actions taken by the employer.
6. Penalty for Breach of Confidentiality:
Any breach of the confidentiality provision may incur
penalties in accordance with the service rules. In the absence
of specific rules, the employer holds the authority to impose
a fine of up to five thousand rupees for such breaches.

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ICC’s Responsibilities and Strategies


Create Awareness Proactively: Emphasise the importance
of confidentiality during regular PoSH training sessions.
Communicate severe consequences to individuals and
organisations if information is leaked.Include a Confidentiality
Clause in the PoSH Policy: Introduce a clause emphasising
confidentiality and outlining penalties for breaches. Ensure
all employees are aware of these clauses.
Sign Non-Disclosure Agreements: Obtain non-disclosure
agreements from individuals in the organisation who
may have knowledge of the incident. Restrict the flow of
information on a need-to-know basis.
Appeal Process under Section 18 of the PoSH Act
Grounds for Appeal: Any person aggrieved by the
conclusions or recommendations of the Internal Complaints
Committee or non-implementation of such recommendations
can file an appeal.
Appellate Authority: The Appellate Authority for sexual
harassment cases under the PoSH Act aligns with the
appellate authority designated under the Industrial Standing
Order Act, 1946.
Appellate Committee Formation: The organisation can
establish an Appellate Committee to review ICC findings,
excluding ICC members involved in the initial inquiry. The
Appellate Committee is bound by the organisation’s Service
Rules, not solely by the Act.
Timeline for Appeal: The appeal must be filed within 90
days from the date of the ICC’s recommendations, as per
Section 18(2) of the PoSH Act.

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Annual Reporting
As per Prevention of Sexual Harassment Act, 2013, there are
2 reports to be submitted by the employer.
It is the duty of the ICC to submit an annual report, which
includes the number of cases filed/disposed of every calendar
year to the employer and district office before the end of
January each year.
The employer has a statutory obligation to ensure this report
is included in the annual report of the organisation filed to
the Registrar of companies. (Pl refer Appendix for reporting
template)
Handbook for POSH Practitioners

Chapter 18

Whistle-blower Protection
W histle-blower protection is a cornerstone in fostering
a culture of reporting within organisations, especially
when it comes to sensitive issues like workplace harassment.
It involves legal safeguards and organisational policies
designed to shield individuals from retaliation when they
report misconduct, including workplace harassment. Legal
safeguards provide a framework that ensures individuals
can exercise their right to report without fear of adverse
consequences.
Whistle-blower protection extends beyond legal compliance
to create a cultural environment that values transparency,
accountability, and the courage to speak up. Culturally,
organisations embracing Whistle-blower protection send a
clear message that ethical behaviour is not only expected but
celebrated.
Building Trust Through Protection
Whistle-blower protection builds trust in reporting
mechanisms by assuring individuals that they can come
forward without fear of reprisal. Trust in reporting
mechanisms encourages employees to share concerns,
fostering a culture of openness and accountability.
Organisations that prioritise and effectively implement
Whistle-blower protection measures enhance their
credibility and commitment to addressing workplace issues.
Organisational credibility is strengthened when employees
perceive that their concerns are taken seriously and addressed
responsibly.

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Legal Framework and Compliance


Whistle-blower protection policies should align with relevant
laws and regulations governing the reporting of workplace
harassment. Alignment with laws ensures that organisational
policies are not only ethical but also legally sound.
Clear consequences for retaliation against Whistle-blowers,
both legally and within the organisation, serve as a deterrent
and underscore the commitment to protection. Legal
consequences act as a safeguard against potential reprisals,
reinforcing the seriousness of protecting Whistle-blowers.
Confidentiality and Anonymity
Offering confidential reporting channels ensures that
Whistle-blowers can disclose information without the fear
of their identity being revealed. Confidentiality encourages
individuals to report without the fear of retaliation, promoting
a secure reporting environment.
Providing anonymous reporting options adds an extra layer
of protection, encouraging individuals who might be hesitant
to disclose their identity. Anonymous reporting ensures
that individuals can contribute information without fear of
personal consequences.
Education and Awareness
Educational programs on Whistle-blower protection, legal
rights, and the importance of reporting contribute to a
culture where employees are aware of their rights and feel
empowered to report misconduct. Training programs foster
a culture of awareness and responsibility.
Embedding messages that emphasise the value of whistle-
blowing as a responsible and commendable act reinforces
its importance within the organisational culture. Cultural

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messaging helps shape the perception that reporting unethical


behaviour is aligned with organisational values.
Protection Beyond Reporting
Whistle-blower protection should extend beyond the
reporting phase to cover individuals who participate in
investigations or provide testimony related to workplace
harassment. Extended protections ensure that individuals
involved in the reporting process are shielded from potential
repercussions.
Ensuring legal safeguards for witnesses encourages truthful
and open participation in investigations. Legal safeguards
for witnesses contribute to the overall effectiveness of the
investigative process.
Collaboration with Internal Complaints
Committees
Whistle-blower protection policies should seamlessly
integrate with the processes of Internal Complaints
Committees (ICC), creating a comprehensive framework
for addressing harassment. Integration with ICC ensures a
coordinated and effective response to harassment cases.
Collaboration between Whistle-blower protection
mechanisms and ICC enhances the overall effectiveness of
the organisation in addressing harassment cases. Coordinated
efforts ensure that reporting and investigation processes
align seamlessly.
Anti-Retaliation Measures
Adopting a zero-tolerance policy for retaliation reinforces
the commitment to a safe reporting environment. A zero-
tolerance policy sends a strong message that any form of
retaliation will not be tolerated within the organisation.

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Timely and thorough investigations of retaliation claims


demonstrate an organisation’s commitment to upholding
Whistle-blower protection. Prompt investigations underscore
the seriousness with which the organisation addresses any
alleged retaliation.
Support and Counselling Services
Whistle-blowers should have access to support services,
including counselling, to navigate the emotional and
psychological challenges associated with reporting
harassment. Access to support services demonstrates an
organisational commitment to the well-being of those who
come forward.
Establishing a supportive ecosystem helps Whistle-blowers
cope with the potential stresors associated with reporting
sensitive issues. A supportive ecosystem fosters resilience
and contributes to the overall mental and emotional well-
being of Whistle-blowers.
Recognition and Acknowledgment
Recognising and acknowledging the contributions of Whistle-
blowers contributes to a positive culture where individuals
feel valued for their role in upholding organisational
integrity. Acknowledgment reinforces the importance of
whistle-blowing as a positive and impactful act.
Whistle-blowers should be integrated into the broader
organisational culture, ensuring that they are not isolated
or stigmatised. Inclusion in organisational culture helps
create an environment where individuals feel supported and
respected.
Continuous Evaluation and Improvement
Periodic audits of Whistle-blower protection mechanisms
and their effectiveness contribute to ongoing improvements.

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Regular audits help identify areas for enhancement, ensuring


that protection measures remain robust and effective.
Establishing feedback mechanisms for Whistle-blowers
ensures that their experiences inform the continuous
enhancement of protection measures. Feedback mechanisms
provide valuable insights for refining policies and processes.
Public Commitment to Whistle-blower Protection
Organisations should publicly communicate their
commitment to Whistle-blower protection, demonstrating
accountability and transparency to external stakeholders.
Public statements and policies reinforce the organisation’s
commitment to ethical conduct.
External stakeholders, such as clients and investors, are more
likely to trust organisations that actively endorse and practice
robust Whistle-blower protection. Cultivating external trust
is essential for maintaining positive relationships with
stakeholders.
Whistle-blower protection is a linchpin in encouraging
reporting, particularly in the context of workplace
harassment.

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Chapter 19

Prevention and Awareness


P revention and awareness are paramount in creating a
workplace culture that rejects harassment and fosters an
environment where every individual feels safe, respected,
and empowered. This chapter explores comprehensive
strategies for prevention and the role of awareness initiatives
in cultivating a culture that prioritises prevention over
reaction.
Educational Initiatives
Implementing regular training programs on workplace
harassment, its forms, and the organisation’s policies
reinforces awareness and educates employees about what
constitutes unacceptable behaviour. Training sessions should
be interactive, engaging, and tailored to different employee
roles and levels within the organisation.
Educational initiatives should cover the legal rights and
protections available to individuals facing harassment,
empowering them to make informed decisions. This includes
understanding the avenues for reporting, legal consequences
for perpetrators, and the role of internal and external entities
in addressing harassment.
Cultural Shift Towards Prevention
Establishing a zero-tolerance policy for harassment
communicates a clear message that such behaviour will not
be tolerated, creating a foundation for prevention. The policy
should be widely communicated and consistently enforced,
with consequences for those who violate it.

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Leadership should actively demonstrate their commitment


to a harassment-free workplace, influencing a cultural shift
towards prevention rather than reaction. Visible support from
leaders, coupled with their adherence to anti-harassment
policies, sets the tone for the entire organisation.
Promoting Reporting as a Positive Act
Actively normalising the act of reporting harassment as a
positive and responsible behaviour helps overcome the
stigma associated with reporting. This can be achieved
through communication campaigns, testimonials from
individuals who reported, and emphasising the positive
impact of reporting on the organisation.
Publicly recognising and appreciating individuals who report
harassment contributes to a culture where reporting is viewed
as a valuable contribution to organisational well-being.
Recognition can be through internal newsletters, meetings,
or awards, fostering a sense of pride and responsibility.
Communication Strategies
Communicating the organisation’s anti-harassment policies
and reporting procedures clearly ensures that employees are
aware of the processes in place. This information should be
easily accessible, regularly updated, and available through
multiple channels.
Consistent communication about the organisation’s
commitment to preventing harassment, through various
channels including emails, posters, and workshops, reinforces
the message. Consistency in messaging helps build trust and
reinforces the organisation’s values.

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Inclusive Leadership and Diversity


Leadership should actively promote inclusive practices
that value diversity, creating an environment where all
employees feel respected and included. Inclusive leadership
sets the stage for a workplace culture that rejects harassment
and promotes equality.
Ensuring diverse representation in leadership positions sends
a powerful message about the organisation’s commitment to
equality and respect. Diverse leadership reflects an inclusive
culture and fosters a sense of belonging among employees.
Regular Audits and Assessments
Conducting regular assessments to identify harassment risks
within the organisation helps proactively address potential
issues before they escalate. Assessments should involve
surveys, interviews, and data analysis to comprehensively
evaluate the effectiveness of prevention measures.
Auditing the effectiveness of prevention programs ensures
that they remain relevant and impactful, evolving with
changing organisational dynamics. The audit should assess
program outcomes, employee feedback, and alignment with
best practices.
Offering EAPs and support services creates a supportive
ecosystem that assists individuals in dealing with the
emotional and psychological impact of harassment. EAPs
should provide confidential counselling and resources for
employees facing harassment.
Establishing peer support networks allows employees to
connect with colleagues who can provide guidance and
empathy during challenging times. Peer support networks
contribute to a sense of community and solidarity.

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Engaging External Experts


Bringing in external experts for workshops and seminars
on harassment prevention introduces fresh perspectives
and expertise, enhancing the effectiveness of prevention
initiatives. External experts can provide insights and best
practices beyond the organisation’s internal knowledge.
Partnering with external advocacy groups demonstrates a
commitment to addressing harassment and contributes to a
broader community effort against workplace misconduct.
Collaboration with advocacy groups extends the impact of
prevention initiatives beyond the boundaries.
Regular Feedback and Surveys
Conducting regular surveys to gauge employee perceptions
of the workplace culture, prevention efforts, and reporting
mechanisms provides valuable feedback for continuous
improvement. Surveys should be anonymous to encourage
honest responses.
Providing anonymous channels for employees to express
concerns or suggestions encourages honest feedback,
fostering a culture of continuous improvement. Anonymous
feedback mechanisms can uncover issues that employees
might be hesitant to raise openly.
Legal Compliance and Best Practices
Organisations should stay informed about changes in laws
related to workplace harassment, ensuring that policies and
prevention programs remain compliant. Regular legal updates
help the organisation adapt to evolving legal standards.
Regularly benchmarking prevention initiatives against
industry best practices helps organisations stay ahead
in creating effective strategies. Benchmarking provides

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insights into emerging trends and innovative approaches in


harassment prevention.
Integration with Performance Management
Integrating prevention efforts into performance metrics
reinforces the importance of maintaining a harassment-
free workplace as a core aspect of organisational success.
This inclusion demonstrates that prevention is a shared
responsibility that impacts overall organisational
performance.
Acknowledging and recognising individuals and teams that
contribute positively to prevention initiatives reinforces
a culture of collective responsibility. Recognition can
be through performance evaluations, awards, or public
acknowledgment of contributions.
Community Engagement and Social
Responsibility
Engaging in community outreach programs that address
harassment not only contributes to broader societal change
but also reflects the organisation’s commitment to social
responsibility. Community engagement aligns organisational
values with broader societal goals.
Collaborating with non-governmental organisations (NGOs)
focused on workplace ethics and equality demonstrates
a commitment to external advocacy and broader impact.
Partnerships with NGOs extend the organisation’s influence
and contribute to a collective effort against harassment.

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Chapter 20

Establishing a Culture of
Respect and Inclusivity
F ostering a workplace culture characterised by respect
and inclusivity is not merely a goal; it is an ongoing
commitment that permeates every facet of an organisation.
Such a culture not only acts as a preventative measure against
harassment but also creates an environment where each
individual feels valued, supported, and able to contribute
their best. Here’s an elaborate exploration of the steps and
principles involved in establishing a culture of respect and
inclusivity:
Leadership Commitment
Leadership sets the tone for organisational culture. When
leaders actively embody respect and inclusivity, employees
are more likely to follow suit. Leading by example involves
demonstrating inclusive behaviours, promoting open
communication, and showcasing the value of diversity.
Publicly declaring the organisation’s commitment to
fostering a culture of respect and inclusivity through official
statements and policies reinforces its importance. These
declarations serve as a public commitment that aligns
organisational values with broader societal expectations.
Clear Anti-Harassment Policies
Having easily accessible and well-communicated anti-
harassment policies provides a foundation for respectful
behaviour. Policies should be clear, concise, and available
through various channels, including employee handbooks,
intranet, and training materials.
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Regularly conducting training sessions on the organisation’s


policies reinforces awareness and understanding among
employees. Training programs should cover the nuances of
respectful behaviour, the consequences of harassment, and
the importance of a diverse and inclusive workplace.
Diversity and Inclusion Initiatives
Actively promoting diverse hiring practices ensures that the
organisation is representative of various backgrounds and
perspectives. Implementing blind recruitment strategies,
setting diversity goals, and offering equal opportunities
contribute to building an inclusive workforce.
Implementing inclusive programs that celebrate cultural
diversity, religious observances, and awareness months
fosters a sense of belonging. Inclusive programs may include
events, workshops, and activities that showcase and honour
the diverse identities within the organisation.
Open Communication Channels
Creating a culture where open dialogue is encouraged allows
employees to express their thoughts, concerns, and ideas
freely. Leaders should actively solicit feedback, engage in
town hall meetings, and establish platforms for employees
to voice their opinions.
Offering anonymous reporting options ensures that
employees can voice concerns without fear of reprisal,
enhancing transparency. Providing multiple channels,
including anonymous reporting, allows individuals to come
forward without fear of retaliation.
Training on Unconscious Bias
Providing training on unconscious bias helps employees
recognise and mitigate biases that may inadvertently affect
their interactions with colleagues. Training should focus

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on raising awareness and providing practical strategies to


minimise biases.
Educating employees on the impact of bias and fostering fair
decision-making processes contributes to a more inclusive
environment. Encouraging objective and unbiased decision-
making enhances the overall fairness of organisational
practices.
Inclusive Leadership Practices
Inclusive leaders empower their teams by fostering an
environment where diverse opinions are valued and everyone
has the opportunity to contribute. Inclusive leadership
involves creating a collaborative and supportive atmosphere.
Leaders who actively acknowledge and appreciate the unique
contributions of each team member reinforce the importance
of diversity. Recognising and celebrating individual
accomplishments contribute to a culture of inclusivity.
Recognition and Rewards for Inclusivity
Including metrics related to inclusivity and respect in
performance evaluations communicates the significance of
these values. Linking performance assessments to inclusive
behaviours reinforces the organisational commitment to
fostering respect.
Regularly acknowledging and rewarding teams or
individuals who demonstrate inclusive practices reinforces
the organisation’s commitment to such behaviour.
Recognition can be through awards, incentives, or public
acknowledgment.
Employee Resource Groups
Creating Employee Resource Groups (ERGs) focused
on different aspects of diversity provides a platform for

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employees to connect, share experiences, and contribute to


an inclusive culture. ERGs promote a sense of community
and facilitate peer support.
Leadership endorsement and support for ERGs demonstrate a
commitment to fostering inclusivity at all levels. Leaders can
actively participate in ERG activities, provide resources, and
ensure that ERGs have a voice in organisational decisions.
Regular Feedback Mechanisms: Employee
Surveys
Regularly soliciting feedback through surveys allows
organisations to gauge employee perceptions of the
workplace culture and identify areas for improvement.
Surveys should cover topics related to inclusivity, respect,
and overall job satisfaction.
Actively integrating feedback into organisational initiatives
demonstrates responsiveness to the evolving needs and
expectations of employees. Regularly communicating
how feedback has been incorporated fosters a culture of
continuous improvement.
Community Engagement
Engaging in community outreach programs that address
societal issues related to inclusivity and respect extends
the organisation’s commitment beyond the workplace.
Participating in community initiatives builds a positive
external image.
Collaborating with non-profit organisations focused on
diversity and inclusivity demonstrates a commitment to
broader social responsibility. Partnerships with NGOs allow
organisations to contribute to societal change and support
external initiatives.

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Conflict Resolution Processes


Establishing fair and transparent conflict resolution processes
ensures that disputes are handled impartially, contributing to
a culture of respect. Employees should feel confident that
conflicts will be resolved in an unbiased manner.
Providing mediation and counselling services supports
employees in resolving conflicts and promotes a culture of
understanding. These services contribute to a supportive
ecosystem that values open communication and resolution.
Regular Cultural Assessments
Conducting regular cultural audits helps organisations
assess the effectiveness of their initiatives and identify areas
for improvement. Audits may involve surveys, interviews,
and data analysis to evaluate the organisation’s progress in
fostering respect and inclusivity.
Benchmarking against industry best practices ensures
that the organisation remains at the forefront of creating a
culture of respect and inclusivity. Staying informed about
evolving trends allows the organisation to adapt its strategies
accordingly.
Public Advocacy and Visibility
Making public statements on the organisation’s commitment
to diversity, inclusion, and respect contributes to external
perceptions and attracts individuals who share similar
values. Public advocacy reinforces the organisation’s role as
a responsible corporate citizen.
Participating in industry events and forums focused on
inclusivity showcases the organisation’s dedication to being
a leader in fostering respectful workplace cultures. Visibility
in industry events enhances the organisation’s influence and
reputation.

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Continuous Learning Opportunities


Organising workshops and seminars on inclusivity provides
continuous learning opportunities for employees at all levels.
These sessions should cover evolving topics, emerging
trends, and practical strategies for creating an inclusive
workplace.
Including modules on respect and inclusivity in employee
onboarding programs ensures that new hires are immediately
introduced to the organisation’s values. Onboarding
programs should emphasise the importance of respect from
the beginning.
Measuring Impact and Celebrating Progress
Developing metrics to measure the impact of inclusivity
initiatives helps track progress and identify areas that need
further attention. Impact metrics may include employee
satisfaction scores, diversity metrics, and feedback from
ERGs.
Recognising and celebrating milestones in creating a culture
of respect and inclusivity reinforces the organisation’s
commitment and motivates continued efforts. Celebrations
can include events, awards, and public acknowledgment of
achievements.
Establishing a culture of respect and inclusivity is a dynamic
and ongoing process that requires commitment, continuous
effort, and a multifaceted approach.

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Chapter 21

Training Programs for


Employees and Management
E ffective training programs are the backbone of any
strategy aimed at preventing workplace harassment and
fostering a culture of respect and inclusivity. This chapter
explores the essential elements of comprehensive training
initiatives for both employees and management, emphasising
the role of education in creating awareness, promoting
understanding, and equipping individuals with the tools to
contribute to a positive and respectful work environment.
i. Foundations of Workplace Respect
• The training program should start by clearly defining
what constitutes respectful behaviour in the workplace,
encompassing interactions, communication, and
collaboration. This involves establishing clear
expectations and standards for how employees should
treat one another, fostering a positive and inclusive
work environment.
• Emphasise the impact of respectful behaviour
on individual well-being, team dynamics, and
organisational success. Connect respectful conduct
to improved morale, increased productivity, and a
positive workplace culture, highlighting the tangible
benefits for both individuals and the organisation.
ii. Legal Framework and Policies
• Provide an in-depth understanding of the legal
framework surrounding workplace harassment,
including relevant laws and regulations. Explain
the consequences of non-compliance and the legal
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obligations of both employees and the organisation in


preventing and addressing harassment.
• Detail the organisation’s anti-harassment policies,
reporting procedures, and the consequences for
violations. Ensure that employees and management
are familiar with the specific policies in place within
the organisation, emphasising the commitment to
maintaining a safe and respectful workplace.
iii. Harassment Prevention
• Equip employees and management with the ability to
identify various forms of harassment, including subtle
and overt behaviours. Provide practical examples and
case studies to enhance awareness and understanding
of what constitutes harassment in the workplace.
• Train individuals to intervene and report when
witnessing inappropriate behaviour, fostering a
collective responsibility for prevention. Encourage
a proactive approach to creating a safe environment
where everyone feels empowered to speak up and
contribute to a culture of respect.
iv. Cultural Sensitivity and Inclusivity
• Foster cultural sensitivity by providing training on
diversity and inclusion, helping individuals understand
and appreciate differences. Highlight the value of
diverse perspectives and contributions in creating a
rich and innovative workplace culture.
• Address unconscious biases that may influence
workplace interactions, promoting a more inclusive
and equitable environment. Offer strategies for
recognising and mitigating unconscious biases to
ensure fair treatment and opportunities for all.

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v. Communication Skills
• Enhance communication skills, emphasising active
listening, clear expression, and the importance of
open and respectful dialogue. Provide practical tips
for fostering effective communication and building
positive relationships within the workplace.
• Provide guidance on giving and receiving constructive
feedback, creating a culture where communication
contributes to positive outcomes. Emphasise the
role of feedback in continuous improvement and the
development of a supportive work environment.
vi. Managerial Responsibilities
• Train managers on their crucial role in preventing
workplace harassment and fostering a culture of respect.
Provide insights into how leadership behaviours
impact the organisational climate and set the tone for
acceptable workplace conduct.
• Equip managers with the skills to handle harassment
complaints, ensuring a prompt and fair resolution
process. Training should focus on maintaining
confidentiality, conducting thorough investigations,
and promoting a supportive environment for those
involved.
vii. Power Dynamics and Leadership Behaviour
• Explore the influence of power dynamics on workplace
interactions and guide management in maintaining
equitable relationships. Highlight the importance
of leadership in addressing power imbalances and
creating an inclusive environment for all employees.
• Emphasise the importance of leadership behaviour
in shaping organisational culture and fostering a
respectful work environment. Encourage leaders to

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model the behaviours they wish to see in their teams


and throughout the organisation.
viii. Creating Inclusive Teams
• Provide strategies for creating inclusive teams that
value and leverage the unique contributions of each
member. Emphasise the importance of collaboration
and teamwork in achieving organisational goals.
• Encourage team-building activities that strengthen
relationships and build trust among team members.
Foster a sense of belonging and mutual respect,
creating a positive and cohesive team dynamic.
ix. Real-World Case Studies
• Utilise real-world case studies to illustrate the
complexities of workplace harassment, providing
practical examples for discussion and analysis. Case
studies offer a context for understanding the nuances
of harassment and exploring appropriate responses.
• Develop scenarios that simulate common workplace
situations, allowing participants to practice appropriate
responses. Scenario-based training enhances decision-
making skills and prepares individuals to navigate
real-life situations effectively.
x. Reporting Mechanisms
• Ensure that employees are aware of and comfortable
with the organisation’s reporting mechanisms. Clearly
explain the steps involved in reporting harassment,
emphasising the importance of timely and accurate
reporting.
• Emphasise the confidentiality of the reporting process
to encourage individuals to come forward without fear

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of reprisal. Highlight the organisation’s commitment


to protecting the privacy of those involved in the
reporting process.
xi. Interactive Workshops
• Conduct interactive workshops with role-playing
exercises to simulate challenging workplace scenarios,
allowing participants to practice effective responses.
Role-playing enhances interpersonal skills and builds
confidence in addressing harassment.
• Facilitate group discussions to encourage the sharing
of perspectives and experiences, promoting a
collaborative learning environment. Group discussions
provide a platform for participants to learn from one
another and gain diverse insights.
xii. Continuous Learning Modules
• Implement continuous learning modules to
provide regular refreshers on respect, inclusivity,
and harassment prevention. Regular updates help
reinforce key concepts and ensure that employees
and management stay informed about evolving best
practices.
• Keep participants informed about any changes in
relevant laws and organisational policies. Addressing
legal updates ensures that training remains current and
aligned with the latest legal requirements.
xiii. Measuring Effectiveness
• Incorporate assessments to gauge participants’
understanding and solicit feedback on the training
program’s effectiveness. Assessments may include
quizzes, surveys, or practical evaluations to measure
the impact of the training.

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• Use feedback and assessment results to iteratively


improve and tailor future training sessions to meet the
evolving needs of the workforce.
xiv.Integration into Onboarding
• Incorporate elements of respect, inclusivity, and
harassment prevention into new employee onboarding
programs. Early exposure to these principles sets the
tone for organisational expectations and values from
the beginning of an employee’s tenure.
• Ensure that new hires are introduced to the
organisation’s values and expectations from the outset.
Cultural induction sessions create a sense of belonging
and help new employees understand the importance of
respectful behaviour in the workplace.
xv. Leadership Development Programs
• Integrate respect, inclusivity, and harassment prevention
into leadership development programs, emphasising
the role of leaders in setting the organisational tone.
Leadership training should focus on nurturing inclusive
leadership behaviours.
• Hold leadership accountable for promoting and
modelling respectful behaviour through ongoing
assessments. Leadership accountability reinforces the
critical role of leaders in shaping the organisational
culture and preventing harassment.

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Chapter 22

PoSH in Corporate Policies


I n the quest to establish a workplace free from harassment,
organisations must go beyond mere aspirations and
translate their commitment into concrete policies. This
chapter explores the critical importance of incorporating
PoSH into corporate policies, outlining the key elements,
strategies, and considerations for creating robust frameworks
that not only comply with legal requirements but actively
contribute to fostering a culture of respect and inclusivity.
a. Defining the Scope
Clearly delineate the scope of harassment prevention policies,
encompassing all forms of harassment, including but not
limited to sexual, verbal, physical, and visual harassment.
Ensure that the definition is comprehensive, leaving no room
for ambiguity, and reflects the organisation’s commitment to
creating a safe and respectful environment.
Harassment prevention policies should align seamlessly
with the organisation’s core values. Articulate how these
policies reflect and reinforce the broader cultural principles,
emphasising the integration of respect, dignity, and fairness
in all aspects of the workplace. Clearly communicate the
organisation’s ethos of promoting a positive and inclusive
workplace culture.
b. Legal Compliance and Beyond
Provide a comprehensive overview of the legal landscape
surrounding workplace harassment, ensuring that the policies
comply with local, national, and international laws. Address
specific legal requirements related to reporting procedures,

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investigations, and consequences for policy violations.


Offer clarity on the legal foundations that underpin the
organisation’s commitment to PoSH.
While legal compliance is the baseline, encourage
organisations to surpass minimal requirements. Craft
policies that set higher standards for behaviour, emphasising
the organisation’s commitment to creating a workplace that
exceeds legal expectations and promotes a positive culture.
Illustrate how the organisation goes above and beyond legal
mandates to prioritise a safe and respectful environment.
c. Zero-Tolerance Approach
Clearly state the organisation’s zero-tolerance stance
toward harassment. Articulate that any form of harassment,
regardless of the position or tenure of the individuals
involved, will not be tolerated and will be met with swift and
appropriate action. Convey the organisation’s unequivocal
commitment to eradicating harassment.
Specify the consequences for individuals found guilty of
harassment. This may include disciplinary actions, up to
and including termination of employment, as well as legal
consequences if applicable. The policy should leave no
room for ambiguity regarding the severity of repercussions.
Clearly communicate the serious and non-negotiable nature
of the consequences.
d. Reporting Mechanisms
Outline accessible and confidential reporting mechanisms
for employees who experience or witness harassment.
Ensure that the reporting process is straightforward, free
from retaliation, and clearly communicated to all members
of the organisation. Foster an environment where individuals
feel empowered and safe to report incidents.

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Recognise that a one-size-fits-all approach may not be


suitable for everyone. Provide multiple avenues for reporting,
including a designated HR contact, an anonymous hotline,
or an online reporting platform, accommodating diverse
comfort levels and preferences. Demonstrate flexibility in
reporting mechanisms to encourage inclusivity.
e. Investigation Protocols
Establish clear protocols for the prompt and impartial
investigation of harassment complaints. Outline the
responsibilities of the investigating party, ensuring a
thorough and fair process that respects the rights of all parties
involved. Communicate the organisation’s commitment to a
swift and just resolution.
Acknowledge the option for external investigations,
particularly in cases where internal processes may present
conflicts of interest. Having provisions for an impartial third
party to conduct investigations enhances the credibility of
the process. Highlight the organisation’s commitment to
transparency and impartiality.
f. Educational Programs
Integrate mandatory harassment prevention training
programs for all employees. These programs should cover
the definition of harassment, reporting procedures, and the
organisation’s commitment to maintaining a harassment-
free workplace. Emphasise the obligation of every employee
to actively engage in prevention efforts.
Emphasise the importance of periodic refresher courses to
keep employees informed about evolving policies, legal
changes, and emerging best practices. Continuous education
contributes to a culture of awareness and active prevention.
Illustrate how ongoing training reflects the organisation’s
commitment to sustained prevention efforts.

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g. Leadership Responsibilities
Clearly outline the responsibilities of leaders in preventing
and addressing harassment. Leaders should be held
accountable for fostering a culture of respect, modelling
appropriate behaviour, and promptly addressing any
instances of harassment within their teams. Emphasise the
influential role leaders play in shaping the organisational
climate.
Require leaders at all levels to actively participate in
harassment prevention training. This ensures that leadership
is well-versed in organisational policies and committed
to upholding the highest standards of conduct. Illustrate
how leadership engagement is integral to the success of
harassment prevention initiatives.
h. Support Mechanisms
Integrate information about Employee Assistance Programs
(EAPs) or other support mechanisms available to individuals
who experience harassment. Communicate the organisation’s
commitment to providing resources for emotional and
psychological well-being. Emphasise a holistic approach to
supporting those affected by harassment.
Offer confidential counselling services as part of the support
system, recognising the potential impact of harassment
on an individual’s mental health. Clearly communicate
the availability and confidentiality of these services.
Demonstrate the organisation’s commitment to addressing
both the professional and personal well-being of employees.
i. Community Engagement
Explore opportunities for external partnerships with
organisations or advocacy groups focused on harassment
prevention. Engaging with the broader community reinforces

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the organisation’s commitment to social responsibility


and contributes to societal change. Showcase how the
organisation actively participates in broader initiatives to
combat harassment.
Consider adopting a public advocacy stance against
workplace harassment. Organisations can use their influence
to advocate for legislative changes, participate in industry-
wide initiatives, and contribute to the broader discourse
on harassment prevention. Illustrate the organisation’s
commitment to being a proactive force against harassment
beyond its internal policies.
j. Regular Audits and Reviews
Conduct regular audits of harassment prevention policies to
ensure ongoing relevance and compliance. Policies should
evolve in tandem with changes in laws, societal expectations,
and organisational dynamics. Illustrate how the organisation
is committed to a dynamic and adaptive approach to policy
management.
Seek feedback from employees, leaders, and external
partners regarding the effectiveness of harassment prevention
policies. Act on constructive feedback to continually refine
and improve policies. Demonstrate a commitment to
inclusivity by involving various stakeholders in the ongoing
enhancement of prevention measures.
Incorporating harassment prevention into corporate policies
is not just a legal obligation; it is a strategic imperative for
organisations committed to fostering a workplace culture of
respect, inclusivity, and dignity. Enacting a zero-tolerance
approach, establishes a robust reporting and investigation
proceedure, and fosters ongoing education.

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Chapter 23

The Role of Leadership


T his chapter delves into the pivotal role that leadership
plays in shaping the culture and dynamics of an
organisation in the context of addressing workplace
harassment. Effective leadership is not only crucial for
preventing harassment but also for fostering a culture of
respect, inclusivity, and accountability.
Let us explore the responsibilities of leaders, the impact
of their actions, and strategies for creating an environment
where harassment is not tolerated.
Leadership Responsibilities in Preventing
Harassment
Leaders must set the tone for the entire organisation by
visibly and consistently promoting a culture of respect and
zero tolerance for harassment. This involves not only stating
these values but also embodying them in daily actions,
interactions, and decision-making processes.
Clear communication about organisational values, policies,
and expectations regarding behaviour is essential to create a
shared understanding among employees. Leaders should use
various communication channels to consistently reinforce
the importance of a harassment-free workplace, ensuring
that everyone is aware of the organisation’s stance.
Leaders should actively participate and support harassment
prevention initiatives, signaling their commitment to a safe
and inclusive workplace. This involvement may include
attending training sessions, engaging in open dialogue with

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employees, and visibly endorsing programs and policies that


contribute to harassment prevention.
The Impact of Leadership Behaviour on
Organisational Culture
Leaders serve as role models, and their behaviour sets the
standard for others. Demonstrating respectful and inclusive
behaviour contributes to a positive organisational culture.
They should actively promote diversity, equality, and
inclusion in their actions, fostering an environment where
employees feel valued and respected.
Timely and decisive action by leaders in response to reported
incidents of harassment sends a powerful message about the
organisation’s commitment to maintaining a harassment-
free workplace. Leaders should prioritise addressing issues
promptly, ensuring that concerns are taken seriously,
investigated thoroughly, and resolved with appropriate
actions.
Leaders who create an environment of psychological safety
encourage open communication and reporting, enabling
employees to voice concerns without fear of reprisal. By
fostering a culture where individuals feel safe to speak up,
leaders contribute to the prevention of harassment and the
overall well-being of the workforce.
Leadership Training and Development
Leaders should undergo specialised training on harassment
prevention, equipping them with the knowledge and skills
to address and prevent workplace harassment. This training
should cover the nuances of recognising, preventing, and
addressing harassment, emphasising the role of leaders in
creating a safe work environment.
Training that emphasises cultural sensitivity and

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understanding helps leaders navigate diverse workplace


dynamics, reducing the likelihood of unintentional biases
and discriminatory practices. Cultural competence training
enhances leaders’ ability to foster an inclusive environment
that values and respects diverse perspectives.
Effective communication skills are vital for leaders to foster
open dialogue, actively listen to employees, and address
concerns in a supportive manner. Training in communication
skills development ensures that leaders can effectively
convey the organisation’s commitment to preventing
harassment and maintaining a respectful workplace.
Accountability and Consequences for Leaders
Leaders who engage in or ignore harassment undermine
the organisation’s integrity. Holding leaders accountable
for their actions reinforces a commitment to a culture of
accountability. This may involve disciplinary actions,
training, or other measures depending on the severity of the
situation.
Organisations should ensure that consequences for
harassment apply uniformly across all levels of the
hierarchy, sending a clear message that no one is exempt
from accountability. Consistent enforcement of policies
reinforces the organisation’s commitment to fairness and
equality.
Transparent communication about disciplinary actions taken
against leaders involved in harassment cases builds trust
within the organisation. Leaders should be transparent about
the consequences and steps taken to address harassment,
demonstrating a commitment to accountability and
organisational values.

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Creating Supportive Networks and Resources


Leaders can support the establishment of employee resource
groups focused on diversity and inclusion, providing
a platform for shared experiences and dialogue. These
groups can serve as forums for discussing concerns, sharing
best practices, and fostering a sense of belonging among
employees.
Providing access to mental health resources demonstrates
leadership’s commitment to supporting employees who
may experience emotional distress due to harassment.
Leaders should ensure that employees are aware of available
resources and encourage a culture that prioritises mental
health and well-being.
Leaders should encourage a culture of peer support, where
employees feel empowered to stand up against harassment
and support colleagues in need. By fostering a sense of
collective responsibility, leaders contribute to the creation
of a workplace where individuals actively work together to
prevent harassment.
Leadership’s Role in Crisis Management
In the event of a harassment crisis, timely and transparent
communication from leadership is essential to address
concerns, reassure employees, and demonstrate a
commitment to resolution. Leaders should provide clear
information about the steps being taken to address the crisis
and prevent future incidents.
Leaders may need to collaborate with external entities, such
as legal experts or advocacy groups, to navigate complex
cases and ensure fair and impartial resolutions. Strategic
partnerships contribute to the organisation’s ability to address
harassment effectively and demonstrate a commitment to
seeking external expertise when needed.

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Following a crisis, leaders play a crucial role in rebuilding


trust within the organisation by implementing concrete
actions, revising policies, and demonstrating a renewed
commitment to a harassment-free workplace. Leaders should
actively engage in rebuilding efforts and communicate
transparently about the steps being taken.
Strategies for Empowering Leaders to Address
and Prevent Harassment
Empowering leaders to address and prevent harassment is
crucial for fostering a safe and inclusive work environment.
This chapter explores effective strategies aimed at equipping
leaders with the knowledge, skills, and tools necessary to
proactively address, prevent, and eradicate workplace
harassment.
Comprehensive Leadership Training Programs
Develop training programs specifically designed for leaders,
addressing the unique challenges they may encounter in
preventing and addressing harassment within their teams.
Equip leaders with a comprehensive understanding of
relevant laws and regulations pertaining to workplace
harassment, ensuring they can navigate legal complexities
confidently.Utilise real-world scenarios to provide leaders
with practical insights into recognising, addressing,
and preventing different forms of harassment in diverse
workplace situations.
Fostering a Culture of Open Communication
Conduct workshops focusing on effective communication
skills for leaders, emphasising active listening, empathy, and
fostering an environment where employees feel comfortable
expressing concerns.
Implement and promote anonymous reporting channels,

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encouraging leaders to communicate the availability of such


channels to their teams, thereby promoting a culture of trust.
Facilitate regular meetings where leaders openly discuss the
organisation’s commitment to preventing harassment and
address questions or concerns raised by employees.
Leadership Accountability and Transparency
Clearly define the expectations for leaders regarding their
role in preventing and addressing harassment. Communicate
a zero-tolerance policy and the consequences for failing to
uphold these standards.
Ensure transparency in how leaders handle reported
incidents of harassment, demonstrating a commitment to
accountability. Regularly communicate the outcomes of
investigations (without compromising confidentiality).
Establish feedback mechanisms for employees to share their
experiences with leaders’ responses to harassment concerns,
fostering continuous improvement and accountability.
Mentoring and Peer Support Programs
Pair leaders with mentors who have successfully navigated
and addressed harassment issues, providing guidance and
insights into effective leadership responses.
Encourage leaders to foster peer support networks within
their teams, emphasising the importance of colleagues
looking out for one another and intervening when necessary.
Provide training on supportive leadership, emphasising the
role leaders play in creating a positive and inclusive work
culture that discourages harassment.
Regular Assessments and Skill Development
Implement a continuous learning approach, offering regular

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training modules to keep leaders updated on evolving issues


related to harassment, diversity, and inclusion.
Conduct workshops focusing on specific leadership skills
such as conflict resolution, managing diverse teams, and
promoting a culture of respect.
Use 360-degree assessments to gather feedback on leaders’
performance in fostering a harassment-free environment,
providing constructive feedback for improvement.
Inclusive Leadership Development Programs
Integrate diversity and inclusion training into leadership
development programs, ensuring that leaders understand the
nuances of creating an inclusive workplace.
Conduct workshops emphasising the accountability of
leaders in creating and sustaining a workplace culture that
values diversity and rejects harassment. Equip leaders with
cultural competence training to navigate diverse teams
effectively, minimising the potential for misunderstandings
and biases.
The role of leadership in addressing workplace harassment
extends beyond policy enforcement to the creation of a
culture that fosters respect, inclusivity, and accountability.

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Chapter 24

Beyond Legislation: Future


Directions
A s workplaces evolve and societal norms shift, the
fight against workplace harassment extends beyond
legislative measures. This chapter explores the future
directions of addressing and preventing harassment,
considering emerging trends, technological advancements,
and societal changes that influence the landscape.
Embracing Technological Solutions
Explore the potential of artificial intelligence for monitoring
workplace interactions, identifying patterns of behaviour that
may indicate harassment, and providing early intervention.
AI can analyse vast datasets to detect subtle signs of
harassment, allowing organisations to proactively address
issues before they escalate.
Implement secure and user-friendly anonymous reporting
platforms, leveraging technology to facilitate confidential
reporting and encourage employees to come forward without
fear of reprisal. These platforms can enhance transparency
and help organisations address harassment cases promptly
and effectively.
Internationality in Policies and Training
Integrate intersectionality into policies and training programs
to address the unique challenges faced by individuals with
multiple marginalised identities, fostering a more inclusive
understanding of harassment. Intersectionality training
ensures that policies and programs consider the intersecting
factors that contribute to different forms of harassment.
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Create flexible policies that consider the intersectionality


of harassment cases, recognising that individuals may
experience different forms of harassment based on various
aspects of their identity. Flexible policies allow for nuanced
and individualised responses to harassment complaints.
Ensure diverse representation in leadership and decision-
making roles to bring varied perspectives to the development
and implementation of harassment prevention initiatives.
Diverse leadership contributes to the creation of policies that
resonate with the diverse experiences of employees.
Holistic Well-being Programs
Expand well-being programs to include comprehensive
mental health support, recognising the mental health
impact of harassment and providing resources for affected
individuals. Mental health support can include counselling
services, workshops, and resources to promote well-being.
Implement stress reduction initiatives, such as mindfulness
programs and wellness activities, to create a positive and
supportive work environment. These initiatives contribute to
overall employee well-being and help mitigate the negative
effects of workplace harassment.
Employee Assistance Programs (EAPs): Strengthen EAPs
to offer counselling, support, and resources for employees
dealing with the emotional toll of harassment. EAPs provide
confidential and accessible support for individuals seeking
assistance with mental health challenges.
Global Collaboration and Best Practices
Collaborate with international organisations to benchmark
best practices in addressing workplace harassment,
leveraging global insights to enhance local strategies.
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adopt effective strategies that transcend cultural boundaries.


Provide cross-cultural training to help organisations navigate
the nuances of harassment in diverse global workplaces,
fostering a shared understanding of respectful behaviour.
Cross-cultural training promotes cultural sensitivity and
ensures that harassment prevention efforts are culturally
relevant.
Advocate for and contribute to the development of global
reporting standards for workplace harassment, ensuring a
consistent and transparent approach across borders. Global
reporting standards enhance accountability and facilitate a
unified response to harassment.
Innovative Educational Initiatives
Develop programs that educate students and young
professionals about respectful behaviour in educational
institutions, promoting a culture of respect from the
early stages of one’s career. Early intervention programs
contribute to building a generation of professionals with a
strong foundation in preventing harassment.
Utilise gamification principles to make harassment
prevention training engaging and interactive, appealing
to a younger workforce accustomed to digital learning
experiences. Gamification enhances the effectiveness of
training by making it enjoyable and memorable.
Leverage social media platforms for awareness campaigns
on workplace harassment, reaching a broader audience and
promoting a culture of intolerance towards harassment. Social
media campaigns raise awareness, encourage discussions,
and contribute to changing societal attitudes.

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Continuous Adaptation to Cultural Shifts


Adapt harassment prevention strategies to accommodate
evolving work structures, including remote work, freelancing,
and gig economies, considering the unique challenges
presented by these arrangements. Fluid work environments
require flexible policies and proactive measures to address
harassment.
Reflect societal emphasis on diversity and inclusion in
organisational policies, ensuring that harassment prevention
initiatives align with changing expectations around
workplace culture. Emphasising diversity contributes to
creating an environment where everyone feels valued and
respected.
Move towards gender-neutral policies and training that
acknowledge that harassment can affect individuals of
any gender, challenging traditional gender norms in the
workplace. Gender-neutral policies promote equality and
create an inclusive environment for all employees.
As workplaces evolve, the future of addressing workplace
harassment lies in a holistic, proactive, and technologically
advanced approach. By embracing emerging trends,
focusing on intersectionality, prioritising holistic well-being,
collaborating globally, innovating educational initiatives,
adapting to cultural shifts, organisations can pave the way
for workplaces that are not just compliant with laws but are
genuinely respectful, inclusive, and committed to the well-
being of all.

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Chapter 25

Effectiveness of Current
Laws and Policies
A ssessing the effectiveness of current laws and policies
is imperative to ensure that they align with evolving
societal norms and effectively address the complex
challenges posed by workplace harassment.
This chapter delves into the key parameters for evaluating the
efficacy of existing legislation and organisational policies,
providing a framework for continuous improvement.
Legal Compliance and Alignment with
International Standards
Assess the alignment of current laws with international
standards and conventions on workplace harassment,
ensuring that legal frameworks reflect global best practices.
This involves examining whether the existing legal
provisions encompass recognised international standards,
such as those set by organisations like the International
Labour Organisation (ILO) and United Nations.
Evaluate the legal framework’s adaptability to changing
societal norms, particularly in areas such as gender equity,
diversity, and evolving definitions of harassment. This
criterion assesses the responsiveness of current laws to
societal shifts, ensuring they remain relevant and effective
in addressing contemporary challenges.
Examine the extent to which laws recognise and address
intersectionality, ensuring protection for individuals
facing multiple forms of discrimination. Intersectionality
considerations involve evaluating whether legal provisions
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account for the interconnected nature of various social


categories, such as race, gender, and sexuality.
Accessibility and Clarity of Legal Frameworks
Assess the accessibility of legal frameworks to employees,
ensuring that individuals can easily access and understand
their rights and the processes for reporting harassment.
Accessibility involves evaluating the availability of
information in multiple languages, user-friendly formats,
and ensuring that diverse groups within the workforce can
comprehend legal documents.
Evaluate the use of plain and clear language in legal texts,
facilitating comprehension for all individuals regardless of
their background or legal expertise. This criterion emphasises
the importance of avoiding jargon and legalese, making legal
information more understandable for a broader audience.
Examine the availability of supporting resources, such as
guidelines and informational materials, to assist individuals
in navigating the legal framework. Providing supplementary
resources enhances the effectiveness of legal frameworks by
offering practical guidance to those seeking information.
Organisational Policy Effectiveness
Assess the comprehensiveness of organisational policies
in addressing various forms of harassment, ensuring that
policies cover a wide range of behaviours and contexts.
Evaluating comprehensive coverage involves scrutinising
whether policies address emerging issues and reflect a
nuanced understanding of different forms of harassment.
Evaluate the accessibility of organisational policies to
employees, considering the effectiveness of communication
channels and the clarity of dissemination. Accessibility
and communication assessments ensure that all employees

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are aware of and understand the content of harassment


prevention policies.
Ensure that organisational policies align with and, where
appropriate, exceed legal standards, demonstrating a
commitment to a higher standard of workplace conduct. This
criterion involves comparing organisational policies against
legal requirements to identify areas where organisations can
set more robust expectations.
Incident Reporting and Investigative Processes
Assess the ease with which employees can report incidents
of harassment, considering the availability of multiple
reporting channels and the anonymity options provided. This
criterion evaluates the accessibility and user-friendliness of
reporting mechanisms, encouraging individuals to come
forward without fear of reprisal.
Evaluate the timeliness of the investigative process,
ensuring that incidents are addressed promptly to minimise
the impact on victims and prevent further harm. Timeliness
considerations aim to prevent delays in addressing harassment
cases, promoting a swift and effective resolution.
Scrutinise the impartiality and fairness of the investigative
process, examining mechanisms in place to avoid conflicts of
interest and biases. This criterion ensures that investigations
are conducted objectively, fostering trust in the fairness of
the process.
Support Mechanisms for Victims
Assess the availability and effectiveness of mental health
support mechanisms for victims, recognising the potential
psychological impact of harassment. This involves evaluating
whether organisations provide counselling services,
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affected by harassment.
Evaluate the provision of legal assistance and guidance
for victims, ensuring they have the necessary resources to
navigate legal processes. This criterion focuses on whether
organisations offer support in the form of legal advice,
representation, or referrals for victims seeking justice.
Examine measures in place to protect victims from
retaliation, reinforcing the importance of a safe environment
for those who come forward. Protection against retaliation
is crucial for creating a workplace culture where individuals
feel secure in reporting harassment without fearing negative
consequences.
Training and Awareness Programs
Assess the frequency and regularity of harassment prevention
training, recognising the need for ongoing education to
reinforce awareness. Regular training cycles ensure that
employees stay informed about harassment prevention
measures and remain vigilant against evolving forms of
harassment.
Evaluate the inclusivity of training programs, ensuring they
address diverse forms of harassment and are tailored to meet
the needs of all employees. Inclusive training programs cater
to the diversity within the workforce, making the content
relevant and relatable to individuals with varied experiences.
Scrutinise the participation of leadership in training programs,
emphasising the importance of leadership commitment
to fostering a harassment-free workplace. Leadership
participation sets the tone for the entire organisation and
reinforces the significance of prevention efforts.
Data Collection and Analysis
Evaluate the transparency of data collection and reporting

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on harassment incidents, considering the accessibility of


aggregated data to employees and stakeholders. Transparency
in data reporting builds trust and allows stakeholders to
understand the prevalence and nature of harassment within
the organisation.
Assess whether organisations analyse reported data to
identify trends, areas for improvement, and systemic
issues that may require policy adjustments. Continuous
improvement through data analysis ensures that organisations
adapt to emerging challenges and enhance their harassment
prevention strategies. Ensure that data collection and
analysis processes prioritise the privacy and confidentiality
of individuals involved, maintaining trust in the reporting
system. Protecting individual privacy is essential for
fostering a culture where employees feel secure in reporting
incidents.
Legal Enforcement and Accountability
Evaluate the effectiveness of legal enforcement mechanisms,
considering the rate of successful prosecutions and
the severity of consequences for perpetrators. Strong
enforcement mechanisms deter potential harassers and
reinforce the seriousness of workplace harassment.
Examine the accountability of organisations in cases of
harassment, emphasising the importance of holding entities
responsible for fostering a safe workplace. Organisational
accountability ensures that workplaces actively work
to prevent harassment and respond appropriately when
incidents occur.
Assess the public awareness of legal outcomes, aiming for a
level of transparency that promotes confidence in the legal
system’s ability to address workplace harassment. Public
awareness contributes to the overall effectiveness of legal
measures by fostering trust in the justice system.

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Chapter 26

Inspiring Change: A Call to


Action
Embracing a Collective Responsibility
The pages of this book have unfolded a narrative that delves
into the intricacies of workplace harassment in the Indian
context. As we navigate through legal frameworks, cultural
nuances, case studies, and recommendations, the overarching
theme is clear—addressing workplace harassment requires a
collective commitment to change.
This chapter serves as a call to action, urging individuals,
organisations, and society at large to become catalysts for a
transformative shift in the professional landscape.
Empowering Individuals
Encourage individuals to speak up against harassment. Break
the silence that often shrouds these incidents by fostering
an environment where victims feel heard, supported, and
empowered to report. This involves creating a culture where
reporting is actively encouraged and met with empathy and
understanding.
Create robust support systems within organisations. Ensure
that victims have access to confidential counselling, legal
assistance, and protection against retaliation, fostering an
environment where individuals can come forward without
fear. Establishing a support infrastructure helps victims
navigate the emotional and legal aspects of reporting
harassment.
Promote the concept of active bystander intervention. Equip

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individuals with the skills to recognise and intervene when


witnessing inappropriate behaviour, fostering a culture of
collective responsibility. Training individuals to intervene
creates a collaborative environment where everyone plays a
role in preventing harassment.
Cultivating Inclusive Organisational Cultures
Hold leaders accountable for shaping and sustaining
a respectful workplace. Incorporate adherence to anti-
harassment measures into leadership performance
evaluations, emphasising the crucial role leaders play in
setting the organisational tone. This ensures that leadership
actively participates in creating a culture of respect.
Conduct regular audits of organisational anti-harassment
policies to ensure they are up-to-date, comprehensive, and
reflective of evolving legal standards. Policies should be
dynamic, responsive, and inclusive. Regular audits ensure
that policies remain effective and aligned with changing
workplace dynamics.
Make participation in anti-harassment training programs
mandatory for all employees. Training should not only cover
legal requirements but also emphasise the organisation’s
commitment to fostering a culture of respect and inclusivity.
Regular training reinforces the importance of maintaining a
harassment-free environment.
Societal Advocacy and Collaboration
Participate in and support nationwide awareness campaigns
that educate the public about workplace harassment, legal
rights, and reporting mechanisms. Advocate for societal
change through open conversations and educational
initiatives. Nationwide campaigns contribute to changing
societal attitudes towards workplace harassment.

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Foster collaboration between organisations within the same


industry to share best practices, challenges, and solutions.
Collaborative efforts amplify the impact of anti-harassment
initiatives and create a more unified front against workplace
harassment. Sharing insights within industries accelerates
progress in preventing harassment.
Engage in legal advocacy for reforms that address emerging
forms of harassment and ensure that legal frameworks remain
relevant and effective. Advocate for the rights of victims and
contribute to the creation of a more just legal landscape.
Legal advocacy works towards creating a supportive legal
environment for victims.
Leveraging Technology Responsibly
Promote and utilise anonymous reporting platforms to
encourage individuals to report harassment without fear
of reprisal. Ensure that these platforms are secure, user-
friendly, and actively communicated within the organisation.
Anonymous reporting provides a safe avenue for individuals
to report harassment.
Explore the responsible use of artificial intelligence to monitor
workplace interactions. Implement AI-powered tools that can
identify patterns indicative of potential harassment, enabling
early intervention and prevention. AI can be a proactive tool
in identifying and addressing harassment.
Develop engaging and interactive digital training modules
that can be accessed remotely. Leverage technology to
ensure that employees across diverse locations receive
consistent and effective training. Digital training modules
make education on harassment prevention accessible and
engaging.

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Personal Growth and Continuous Learning


Participate in cultural sensitivity training to foster an
understanding and appreciation of diversity. Recognise and
challenge unconscious biases, contributing to a workplace
culture that values and respects differences. Cultural
sensitivity training promotes inclusivity and diversity.
Invest in enhancing communication skills, emphasising
active listening, clear expression, and open and respectful
dialogue. Effective communication is a cornerstone
of creating a positive work environment. Enhanced
communication skills contribute to fostering a respectful and
understanding workplace.
Actively engage in leadership development programs that
integrate respect, inclusivity, and harassment prevention.
As a leader, recognise the influence of your behaviour
on organisational culture and take on the responsibility
of setting a positive example. Leadership development
programs ensure that leaders actively contribute to creating
a harassment-free environment.
Advocacy for Holistic Well-being
Advocate for mental health support within organisations.
Recognise the importance of mental well-being and support
initiatives that provide resources for stress management,
meditation, and emotional health. Advocacy for mental
health support contributes to a holistic approach to well-
being.
Advocate for and support flexible work arrangements that
accommodate diverse needs. Recognise that different
individuals may require varied approaches to maintain a
harassment-free and supportive work environment. Flexible
work arrangements contribute to a work environment that
respects individual needs.

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Chapter 27

Illustrations of Sexual
Harassment at Workplace

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Chapter 28

Case Studies
Case Studies Illustrating Varied Forms of
Harassment
Examining real-world case studies is instrumental in
understanding the diverse and nuanced forms of harassment
that individuals may encounter in the workplace. The
following cases highlight different aspects of harassment,
shedding light on the complexity, impact, and varied
manifestations of these issues.
Micro-aggressions in a Tech Company
In a technology firm, a female software engineer from a tribal
community consistently experienced subtle but demeaning
comments from her colleagues. These micro-aggressions
ranged from remarks about her accent to stereotyping her
workstyle based on cultural assumptions.
Impact: While each incident seemed minor individually,
the cumulative effect of microaggressions took a toll on the
engineer’s mental well-being. She began to question her
abilities and contribution to the team, leading to decreased
job satisfaction and increased stress.
Lesson Learned: This case emphasises the insidious
nature of micro-aggressions and their potential to create a
hostile work environment. Organisations need to implement
awareness programs to educate employees about the impact
of seemingly minor behaviours on their colleagues.
Question: What form of harassment is evident in this case
study?

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Answer: Micro-aggressions, involving subtle but demeaning


comments and behaviours.
Question: What was the impact of micro-aggressions on the
targeted employee?
Answer: The cumulative effect led to a decline in job
satisfaction and increased stress, affecting the employee’s
mental well-being.
Age-Based Discrimination in a Corporate Setting
In a corporate office, an experienced employee in her late
50s began noticing a shift in her treatment by colleagues
and superiors. She was excluded from important meetings,
passed over for promotions, and faced jokes and comments
about their age.
Impact: The targeted employee felt isolated and demoralised,
leading to a decline in overall job satisfaction. The age-
based discrimination hindered her professional growth and
contributed to a toxic work environment.
Lesson Learned: This case highlights the need for
organisations to address age-based discrimination explicitly.
Inclusive policies and diversity training should encompass
age-related biases to foster an environment that values
employees regardless of their age.
Question: What type of discrimination is highlighted in this
case study?
Answer: Age-based discrimination.
Question: How did the discrimination impact the targeted
employee?
Answer: The employee faced exclusion, missed promotions,
and experienced a decline in overall job satisfaction.

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Online Harassment of a Remote Worker


A remote worker, based in a different country, faced
relentless online harassment from a colleague. The harasser
sent offensive messages, shared inappropriate content, and
created a hostile online environment for the victim.
Impact: The remote worker experienced significant
stress, anxiety, and a decline in work performance due to
the persistent online harassment. The fear of reporting the
incident for fear of retaliation compounded the victim’s
distress.
Lesson Learned: This case underscores the need for
organisations to address online harassment explicitly. Remote
work policies should include provisions for maintaining a
safe online environment, and reporting mechanisms should
prioritise confidentiality and protection against retaliation.
Question: What form of harassment did the remote worker
experience?
Answer: Online harassment.
Question: What impact did the online harassment have on
the victim?
Answer: The victim experienced stress, anxiety, and a
decline in work performance.
Harassment Based on Intersectionality
In a diverse workplace, an employee who identified as a
transgender person faced harassment that intersected multiple
identities. The harassment included offensive comments
about her gender identity, racial slurs, and exclusionary
behaviours from colleagues.
Impact: The targeted employee experienced profound

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emotional distress, leading to a deterioration in mental


health. The intersectionality of the harassment made it
challenging to address each dimension separately, requiring
a comprehensive and inclusive approach.
Lesson Learned: This case highlights the importance of
recognising and addressing intersectionality in harassment
cases. Organisations should have inclusive policies and
support systems that acknowledge and actively work against
discrimination based on multiple identity markers.
Question: What term describes the harassment faced by the
employee in this case?
Answer: Intersectional harassment.
Question: Why is addressing intersectionality crucial in this
case?
Answer: The harassment is based on multiple intersecting
identities, requiring a comprehensive and inclusive approach.
Retaliation Against a Whistle-blower
An employee reported incidents of sexual harassment within
the organisation. Following the report, the Whistle-blower
faced subtle forms of retaliation, including exclusion from
team activities, negative performance evaluations, and being
overlooked for projects.
Impact: The Whistle-blower experienced increased stress
and anxiety, coupled with a fear of further reprisals. The
retaliatory actions hindered their professional growth and
created a chilling effect on reporting within the organisation.
Lesson Learned: This case emphasises the critical need for
organisations to establish a culture that prohibits retaliation
against Whistle-blowers. Robust protection mechanisms and
a commitment to creating a safe reporting environment are

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essential.
Question: What did the Whistle-blower face after reporting
harassment?
Answer: Subtle forms of retaliation, including exclusion
and negative performance evaluations.
Question: Why is protecting Whistle-blowers important?
Answer: To create a culture where reporting is encouraged
without fear of reprisal.
Disability-Based Harassment
In an office environment, an employee with a visible
physical disability faced persistent mockery and derogatory
comments from a group of co-workers. The harassment
included mimicking the employee’s movements, making
offensive jokes, and creating a generally hostile atmosphere.
Impact: The targeted employee experienced emotional
distress and a decline in self-esteem. The continuous
harassment affected her job performance and led to feelings
of isolation within the team.
Lesson Learned: This case underscores the importance
of addressing disability-based harassment. Organisations
should prioritise creating an inclusive environment that
fosters respect for individuals with disabilities and provides
education on the impact of ableism.
Question: What form of harassment is highlighted in this
case?
Answer: Disability-based harassment.
Question: How did the targeted employee react to the
harassment?

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Answer: She experienced emotional distress and a decline


in self-esteem.
LGBTQ+ Discrimination in a Conservative
Workplace
In a traditionally conservative workplace, an openly
LGBTQ+ employee faced discrimination and harassment.
The mistreatment included offensive comments, exclusion
from social events, and derogatory jokes based on the
employee’s sexual orientation.
Impact: The targeted employee felt marginalised and
struggled with her mental health due to the hostile work
environment. The fear of being open about her identity
hindered her ability to bring her whole self to work.
Lesson Learned: This case highlights the need for
organisations to foster inclusivity for LGBTQ+ employees.
Training programs on diversity and inclusion should address
biases and create an atmosphere where individuals feel safe
and accepted regardless of their sexual orientation.
Question: What type of discrimination is evident in this
case?
Answer: Discrimination based on sexual orientation.
Question: How did the hostile work environment affect the
targeted employee?
Answer: It hindered her ability to bring their whole self to
work and impacted their mental health.
Religious Discrimination in a Multicultural
Workplace
In a multicultural workplace, an employee who practiced
a minority religion faced harassment due to their religious

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beliefs. The harassment included offensive remarks,


exclusion from team activities during religious holidays, and
discriminatory behaviour from colleagues.
Impact: The targeted employee experienced a sense of
isolation and discomfort. The religious discrimination
affected her job satisfaction and created tension within the
team.
Lesson Learned: This case emphasises the importance of
religious inclusivity in the workplace. Organisations should
promote a culture that respects diverse religious beliefs, and
diversity training should address religious discrimination to
create a harmonious work environment.
Question: What form of discrimination did the employee
face?
Answer: Religious discrimination.
Question: What impact did the discrimination have on the
targeted employee?
Answer: The employee felt isolated, and it affected her job
satisfaction.
Socio-economic Harassment
In a corporate setting, an employee from a lower
socioeconomic background faced discrimination and
harassment based on her economic status. Colleagues
made derogatory comments about her background, and the
employee was excluded from social events due to financial
constraints.
Impact: The targeted employee felt humiliated and struggled
with feelings of inadequacy. The harassment hindered her
professional growth and created barriers to social integration
within the organisation.

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Lesson Learned: This case highlights the importance of


addressing socio-economic disparities in the workplace.
Organisations should promote inclusivity and sensitivity to
individuals from different economic backgrounds to create a
supportive and respectful culture.
Question: What type of harassment is evident in this case?
Answer: Socio-economic harassment.
Question: How did the harassment affect the targeted
employee?
Answer: It hindered her professional growth and created
barriers to social integration.
Language-Based Harassment
In a multicultural workplace, an employee who spoke
poor English faced persistent mockery and discriminatory
behaviour from some co-workers. The harassment included
making fun of her accent, correcting her grammar publicly,
and exclusion from certain professional opportunities.
Impact: The targeted employee experienced a decline in
confidence and faced challenges in effective communication.
The language-based harassment created a tense working
environment and hindered the employee’s ability to
collaborate effectively.
Lesson Learned: This case emphasises the need for
organisations to address language-based harassment.
Cultural sensitivity training and promoting a culture that
values linguistic diversity can contribute to a more inclusive
workplace.
Question: What form of harassment is illustrated in this
case?

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Answer: Language-based harassment.


Question: How did the harassment impact the targeted
employee?
Answer: It created a tense working environment and
hindered effective communication.

Examples of Workplace Harassment Cases in


India
This chapter delves into examples of workplace harassment
cases in India, providing a comprehensive understanding
of the diverse and often complex nature of such incidents.
By examining these cases, we aim to shed light on the
specific challenges faced by individuals, the responses
of organisations and legal authorities, and the broader
implications for workplace dynamics. Each case serves as
a cautionary tale and an opportunity for organisations to
learn and proactively address similar issues within their own
contexts.
Case 1: The Corporate Hierarchical Abuse
A high-ranking executive abused his power to harass
subordinates, creating a toxic work environment. The
harassment involved verbal abuse, unwarranted demands,
and threats of professional repercussions.
Outcome: Investigations revealed the extent of the abuse,
leading to the executive’s dismissal. The case emphasised the
importance of organisational leaders being held accountable
and the need for clear reporting mechanisms to address
hierarchical abuse.
Case 2: The Tech Industry Tussle
A female employee faced persistent harassment from a male
colleague while working in an IT Firm. The harassment

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included unwelcome advances, inappropriate comments,


and attempts to sabotage her professional growth.
Outcome: The victim reported the harassment to the Internal
Complaints Committee (ICC), resulting in a thorough
investigation. The harasser faced disciplinary action, and the
case underscored the significance of ICC and their role in
addressing harassment.
Case 3: The Systemic Discrimination Dilemma
An employee faced discrimination based on her gender
identity, leading to exclusionary practices and a hostile
work environment. The discrimination included derogatory
remarks, exclusion from team activities, and denial of
opportunities.
Outcome: Legal intervention was sought, and the organisation
was mandated to implement diversity and inclusion training.
The case highlighted the need for organisations to address
systemic discrimination and create an inclusive workplace
for all employees.
Case 4: The Silence Breakers
A group of employees collectively spoke out against
harassment prevalent within her organisation. The harassment
ranged from inappropriate comments to bullying, creating a
culture of fear and silence.
Outcome: The employees’ collective action spurred a cultural
shift within the organisation. Top leadership underwent
sensitivity training, and the organisation implemented
anonymous reporting channels. The case showcased the
power of collective action in breaking the silence around
workplace harassment.

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Case 5: The Whistle-blower’s Dilemma


A Whistle-blower faced retaliation after exposing a high-
profile harassment case within the organisation. The
retaliation included exclusion from projects, professional
isolation, and attempts to tarnish the Whistle-blower’s
reputation.
Outcome: Legal action was taken against the harasser, and
the organisation revamped its Whistle-blower protection
policies. The case emphasised the need for robust protections
for Whistle-blowers and a culture that encourages reporting
without fear of reprisal.
Case 6: The Unchecked Online Harassment
An employee faced relentless online harassment from a
colleague, affecting her mental health and work performance.
The harassment included cyberbullying, spreading false
information, and creating a hostile online environment.
Outcome: The victim sought legal recourse, leading to the
harasser facing consequences both within and outside the
workplace. The case highlighted the importance of extending
workplace harassment policies to cover online behaviour
and addressing the mental health impact on victims.

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Chapter 29

Knowledge Check
1. What does PoSH Act stand for?
a) Prevention of Sexual Harassment
b) Protection of Sexual Harassment
c) Promotion of Sexual Harassment
d) Prosecution of Sexual Harassment
Answer: a) Prevention of Sexual Harassment
2. According to the PoSH Act, who is considered an
‘aggrieved woman’?
a) Only female employees
b) Any woman, whether employed or not, alleging sexual
harassment
c) Only women aged 25 and above
d) Women employed in government organisations
Answer: b) Any woman, whether employed or not, alleging
sexual harassment
3. What is the jurisdiction of the PoSH Act?
a) Limited to metropolitan cities
b) Limited to government organisations
c) Extends to the whole of India
d) Limited to workplaces with more than 50 employees

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Answer: c) Extends to the whole of India


4. Who is responsible for setting up an Internal
Complaints Committee (ICC) under the PoSH Act?
a) Employees
b) Government authorities
c) Employers
d) NGOs
Answer: c) Employers
5. What is the minimum number of employees required
for an organisation to constitute an Internal
Complaints Committee?
a) 5
b) 10
c) 15
d) 20
Answer: b) 10
6. Can a complaint of sexual harassment be filed beyond
three months from the date of the incident?
a) Yes, with no time limit
b) Yes, within six months
c) No, it must be filed within three months
d) No, it must be filed within one year
Answer: c) No, it must be filed within three months
7. Can the ICC conduct conciliation/mediation between

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the parties involved in a complaint?


a) Yes, with monetary settlements allowed
b) No, conciliation is not allowed
c) Yes, but only in cases of physical harassment
d) No, conciliation is only allowed after legal proceedings
Answer: b) No, conciliation is not allowed
8. What powers does the ICC have while inquiring into
a complaint?
a) Limited to recording statements
b) Same as a civil court under the Code of Civil Procedure,
1908
c) Limited to recommending termination of employment
d) Limited to issuing warnings
Answer: b) Same as a civil court under the Code of Civil
Procedure, 1908
9. Does the PoSH Act cover harassment at company-
sponsored events outside working hours?
a) Yes, but only during working hours
b) No, it only covers incidents within the workplace
c) Yes, it covers any place visited by the employee arising
out of or during the course of employment
d) No, it only covers incidents during official training
sessions
Answer: c) Yes, it covers any place visited by the employee
arising out of or during the course of employment

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10. Who can be the Presiding Officer of the Internal


Complaints Committee (ICC)?
a) A male employee at a senior level
b) A woman employed at a senior level
c) An external legal expert
d) Any employee with at least one year of experience
Answer: b) A woman employed at a senior level
11. How many members, including the Presiding Officer,
are required to be present for conducting an inquiry
by the Internal Complaints Committee?
a) At least 2
b) At least 3
c) At least 5
d) At least 7
Answer: b) At least 3
12. What is the term limit for the members of the Internal
Complaints Committee?
a) 1 year
b) 2 years
c) 3 years
d) 5 years
Answer: c) 3 years

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13. Can an Internal Complaints Committee (ICC) be


constituted at the district level?
a) Yes, for large organisations
b) No, ICs are only at the workplace level
c) Yes, for unorganised sectors
d) No, only a Local Complaints Committee is constituted
at the district level
Answer: d) No, only a Local Complaints Committee is
constituted at the district level
14. Who can be the Chairperson of the Local Complaints
Committee (LCC)?
a) An eminent woman in the field of social work
b) A senior government official
c) Any male employee with legal knowledge
d) A woman from the Scheduled Castes or Scheduled
Tribes
Answer: a) An eminent woman in the field of social work
15. How long does an aggrieved woman have to file a
complaint of sexual harassment from the date of the
incident, as per the PoSH Act?
a) 1 month
b) 3 months
c) 6 months
d) 1 year
Answer: b) 3 months

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16. In case of a series of incidents, within what period


should a complaint be filed from the date of the last
incident?
a) 1 month
b) 3 months
c) 6 months
d) 1 year
Answer: b) 3 months
17. Who can file a complaint of sexual harassment under
the PoSH Act?
a) Only the victim
b) Only immediate family members
c) Friends and relatives of the victim
d) Anyone, including co-workers, psychologists, and
psychiatrists, on behalf of the victim
Answer: d) Anyone, including co-workers, psychologists,
and psychiatrists, on behalf of the victim
18. What needs to be submitted along with the written
complaint, as per the PoSH Act?
a) Only the victim’s statement
b) Names and addresses of the witnesses
c) A detailed report from the HR manager
d) A medical certificate
Answer: b) Names and addresses of the witnesses

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19. How long can the Internal Complaints Committee


(ICC) extend the time limit for filing a complaint, if
there is a sufficient cause?
a) 1 month
b) 2 months
c) 3 months
d) 6 months
Answer: c) 3 months
20. Can a complaint be filed directly with and inquired
into by the HR manager of the company?
a) Yes, if the victim prefers
b) No, it must be filed with the Internal Complaints
Committee (ICC)
c) Yes, but only for minor incidents
d) No, only for cases involving senior management
Answer: b) No, it must be filed with the Internal Complaints
Committee (ICC)

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Chapter 30

Appendix
Annual Report Template
Sexual Harassment of women at workplace (Prevention,
Prohibition and Redressal) Act 2013
Annual Report for the year ending …….
(Section 21)

Name and Address of the Factory


a) Number of complaints of sexual
harassment received in the year 2020
b) Number of complaints disposed off
during the year

c) Number of cases pending for more


than ninety days
d) Number of workshop of awareness
programme against sexual harassment
carried out
e) Nature of action taken by the employer
or District Officer

Place
Date Authorised Signatory

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Handbook for POSH Practitioners

To,
District Officer
<Address>
CC: <Employer>
Subject: Submission of annual report as per the requirement
of Section 21 (1) of Sexual Harassment of Woman at
Workplace (Prevention, Prohibition and Redressal) Act,
2013
Respected Sir / Madam,
We hereby submit the Annual Report of the Internal
Complaints Committee on Prevention of Sexual Harassment
for the calendar year ....

Number of complaints received in a year


Number of complaints disposed of in a year
Number of cases pending as on 31st
December 2021 for more than 90 days
Number of awareness programme
conducted to create awareness about sexual
harassment at workplace from 1st January
2021- 31st December 2021
Number of employees attended such
sessions conducted to create awareness
about sexual harassment at workplace from
1st January 2021- 31st December 2021

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Any specific initiative taken by the organisation / ICC


towards their role of Prevention, Prohibition and Redressal:

1 Have you prepared and


implemented an Anti Sexual
Harassment Policy as per the law
in your organisation?
If yes, state the reference number
2 If sexual harassment specified
as misconduct in employment
contract or service rules of your
organisation?
If yes, state reference
3 Has any amendment been done in
Company Policy for Anti Sexual
harassment. If yes, state reference
If yes, state reference
4 Have you created a separate
Internal Complaints Committee for
each branch of your organisation?
5 Date of Constitution of Internal
Complaints Committee (specify
each branch separately)
6 Any change in ICC constitution?
If yes, mention orientation details
for the new ICC member
7 Have you conducted any Work
from home awareness sessions?
8 Do you conduct a new joinee
(employee) awareness and
orientation sessions

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Handbook for POSH Practitioners

Names and Contact details of the ICC as on 31st December,


(YEAR) is as follows: (Give details of each branch separately)

Sr No. Name Designation Contact


details
1 Presiding
Officer
2 Member
3 Member
4 External
Member
Summary of the action taken on Complaints of Sexual
Harassment:

Com- Complainant Respondent Disciplinary


plaint Action
No.

The report has been prepared in compliance of Section 21 (1)


of Sexual Harassment of Woman at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.
Yours faithfully,

Name
[Presiding Officer] [ICC]
Date

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Resources for Victims and Advocates


1. National Commission for Women (NCW):
Website: https://ncw.nic.in/
The NCW provides a platform for women to report workplace
harassment and offers support through counselling and legal
assistance.
2. Sakshi Women’s Guidance Cell:
Website: https://www.sakshi.org.in/
Sakshi offers counselling and legal support to women facing
harassment at the workplace. They also conduct awareness
programs.
The resources provided in this appendix are for informational
purposes only. Readers are encouraged to verify the current
status and relevance of legal references and contact the
mentioned organisations for the most accurate and up-to-
date information.

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Handbook for POSH Practitioners

All rights reserved.


No part of this handbook may be reproduced,
distributed, or transmitted in any form or by any
means, including photocopying, recording, or
other electronic or mechanical methods, without
the prior written permission of the publisher.
This handbook is intended to provide guidance and
support for PoSH Practitioners. Any unauthorized
reproduction or distribution of this guide, in whole
or in part, is strictly prohibited and may be subject
to legal action.

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