PROHIBITION OF SEXUAL HARASSMENT
AT THE WORKPLACE
BEING IN SYNC WI TH THE NEW LAW

Introduction (5 min)
What is Sexual Harassment or what not? (10 min)
What are the types of it? (15 min)
Applicable laws and provisions thereof (15 min)
What is ICC and its constitution? (10 min)
Policy (10 min)
Questions Round (5 min)
AGENDA

By the end of the training, you will be able to:
1 2
3 4
Identify what qualifies as a
workplace Sexual Harassment
incident.
Describe the Sexual Harassment of
Women at workplace (Prevention,
Prohibition and Redressal) Act, 2013,
its applicable provisions, and their
implications (POSH).
Describe the seriousness of
Sexual Harassment occurring at
workplace.
Describe the steps to be taken in
the event of the occurrence of a
Sexual Harassment case.

Physical contact and advances.
A demand or request for sexual
favors.
Sexually coloured remarks.
Showing pornography.
Any other unwelcome physical
verbal or non-verbal conduct of
sexual nature.
What is Sexual Harassment?
Sexual harassment includes
such unwelcome sexually
determined behavior (whether
directly or by implication) as:

Time to play Video 1

Two Types of Harassments:
1.
Quid
pro quo
2.
Hostile
Environment

Quid Pro Quo
Job Promotion Raise Assignments
“This for that”
A person in power (manager or supervisor)
makes employment decisions based on if the
employee grants or denies sexual favours.

Examples of Quid Pro Quo
Demanding
Dates
Changing performance
expectations after a
subordinate refuses dates
Disciplining or firing a
subordinate who ends a
romantic relationship
1 2 3

Time to play Video 2

Hostile Work Environment

Examples of Hostile Work Environment

Time to play Video 3

Game Time
Samuel is Melanie’s Manager.
They are working together on a
project and Samuel has asked
Melanie to dinner to discuss
their work. After dinner, he says
“Perhaps if we cooperate well
on this project, I can make
things easier for you at your next
evaluation.” His tone of voice
insinuates what he means by
“corporate”.
Situation 1
Julia heads the mailroom at a
large insurance company. She is
in charge of many new hires who
are anxious to move ahead in the
company. She is overheard by an
employee saying to another,
“Andre, why don’t we meet for
drinks tonight to celebrate your
new promotion. Andre is
overheard responding, “Dating
the boss does have its
advantages”.
Situation 2

Game Time
During a meeting with
Carmelita, her boss says, “why
don’t you wear shorter skirts like
those women lawyers on TV.
You’re an attractive gal. I think if
you show your legs off a little,
the customers would be happier
and I’d be happier. A little
dedication on your part could
go a long way here.
Situation 3
Jamal works in a graphic arts
department. He is the only man
among many women. Every day
the women in the office await the
arrival of a very attractive delivery
man. After he leaves, the women
spend several minutes making
suggestive remarks and jokes
about the man’s attractiveness.
Jamal just rolls his eyes, but this
clearly makes him uncomfortable.
Situation 4

Indian Law on Sexual Harassment

Indian Law on Sexual Harassment

1) Sexual harassment is a
human rights violation
Articles 14 and 15: Right to equality
Article 21: Right to life - to live with dignity
Article 19(1)(g) - Right to practice any
profession/trade/occupation/business,
i.e., a right to a safe environment free from
.........harassment
3) There is a need for guidelines
to fill the legislative vacuum
The Vishakha Judgement- 1997
2) Sexual harassment is a violation of the
constitutionally guaranteed fundamental rights:
Supreme Court acknowledged that:

Prevent and prohibit acts of sexual
harassment Article 21: Right to life
Redress and resolve grievances
pertaining to sexual harassment.
Employer’s duty to:
- to live with dignity.
The Guidelines = Law,
until such time a
legislative framework on
the subject is enacted
The Vishakha Judgement-Guidelines

(Prevention, Prohibition
and Redressal) Act, 2013
The Sexual Harassment of Women at workplace
What about
me??
Object:
Prevention + Protection + Redressal

Who is an Employee?
Regular, temporary,
ad hoc employees
Probationer/
apprentice
With or without
remuneration/voluntary
Express/implied
terms of employment
Directly/through
an agent/contractor

Who is an Employer?
EMPLOYER
Supervision Management Control
Person
discharging
contractual
obligations
with respect to
employees
Person/board/
committee
responsible
for formulation
of policies

The Workplace
WORK
PLACE
Government-owned/
controlled
establishments
Hospitals/
Nursing Homes
Vocational/
Educational
Institutions
Sports institutes,
stadiums, training
institutions
Dwelling place
in case of a
domestic worker
Private sector
organizations

Implied/explicit promise of preferential treatment in employment.
Implied/explicit threat of detrimental treatment in employment.
Implied/explicit threat about the present or future employment status.
Interference with work or creating an intimidating/hostile environment.
Humiliating treatment, likely to affect health or safety.
Circumstances Considered as Sexual Harassment

False/Malicious Complaints
1) Written Apology
2) Warning
3) Withholding of Promotion
4) Terminating the employment
from service
If the Complaints Committee
arrives at a conclusion that the
allegation against the
respondent is malicious it may
recommend to the employer to
take the following steps:

Some examples of workplace behaviors
that may not constitute sexual harassment:
Work-related stress
e.g. meeting
deadlines or
quality standards.
Conditions of works.
Constructive
feedback about the
work mistake and
not the person
Following-up on
work absences.
The normal
exercise of
management rights.
Requiring
performance to
job standards.

ICC to prepare and
submit an annual
report to the
employer and the
District Officer
ICC to be
appointed by an
order in writing
Internal Complaints Committee
At least ½ of the
membership of the
ICC to be women
Mandatory for
establishments
employing 10 or
more employees

Internal Complaints Committee
Presiding Officer – Senior woman an
employee from the workplace/ other
admin units/ office/ organizations.
2 Members – Committed to the
cause of women/experience
in social work/legal knowledge.
1 member from an NGO/other
women’s organization/familiar with
issues relating to sexual harassment.
ICC

Time to play Video 4

Local Complaints Committee
Organizations having
Organizations that have
To be set up in every district
LCC is the grievance redressal body with respect to:
less than 10employees.
not set up an ICC.

Employers’ Obligations
The penal consequences of indulging
Composition of the ICC
The grievance redressal mechanism
1) Provide a safe working environment.
2) Organize workshops and awareness programs for
sensitizing employees.
3) Organizing orientation programs for members of the ICC.
4) Display at the workplace, details of:
in acts of sexual harassment
available to aggrieved employees

Employers’ Obligations
5) Cooperate and assist during the course of the inquiry.
6) Treat sexual harassment as a misconduct under the
service rules.
7) Provide assistance to the aggrieved employee,
should she choose to file a police complaint.
8) Initiate action under the IPC or such other applicable law.
9) Ensure timely submission of reports to the District Officer

Fine of INR 50,000 (approx. US$1,000).
Cancellation of business licenses.
1) Failure to constitute an ICC.
2) All offences under the statute are non-cognizable.
3) Contravention of any provision under the statute :
Penalties

Grievance Redressal Process
Incident of
Sexual Harassment
Complaint made
to ICC/LCC
Reasons for the delay
to be recorded
in writing beyond 3 months
INQUIRY
Not monetary
ICC to record
settlement and
forward to LCC
No further inquiry
Settlement
and parties
3 months
Beyond
3 months
Employee
requests for
a settlement
Employee
requests for
a settlement
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No
settlement

Grievance Redressal Process
Inquiry Principles
of natural justice
to be followed
Inquiry report
to be submitted
to the Employer
and the parties
No action to be taken;
Assessment of
whether charges are
false/malicious
Appeal to
court/ tribunal
Punishment
as per service rules;
Monetary penalty
payable to the
aggrieved woman
•ICC/LCC to inquire into
whether the allegations
were made with a
malicious intention.
•Inability to substantiate
the complaint or provide
adequate proof doesn’t
amount to malice.
Allegation
not proved
Allegation proved
[within 90 days]

We seek to create a work environment that is free from sexual
harassment of any kind, whether verbal, physical, or visual is
proud of its tradition of an open, honest, diverse, and collegial work
environment in which all individuals are treated with respect and
dignity. Each employee has the right to work in a professional
atmosphere that promotes equal opportunities and prohibits
discriminatory practices, including sexual harassment.
Sexual harassment, whether verbal, physical, or
environmental is unacceptable and will not be tolerated.
OPM Philosophy

OPM Philosophy
NO MEANS NO!
NO MEANS NO!
STOP SEXUAL
STOP SEXUAL
HARASSMENT!
HARASSMENT!

info@muds.co.in www.muds.co.in
+91-95996-53306