POSH Act, 2013 The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity. The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment. This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates. Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender). Sexual Harassment includes – • Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical) • Unwelcome communications or invitations • Demand or request for sexual favors • Sexually cultured remarks • Showing pornography • Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature. • Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented • Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment • Intrusive personal questions about sexual activity

1. Sexual Harassment at Workplace
Presented by:
Anish Iyappan
M.Pavithra Sai
L.Prathikshaa
AMITY GLOBAL BUSINESS SCHOOL,CHENNAI

2. Sexual Harassment at Workplace

3. Sexual Harassment at Workplace
Sexual harassment at workplace is any unwelcome sexual advances,
requests for sexual favors, making sexually colored remarks, and other
verbal or physical conduct of sexual nature at the workplace that:
May
endanger the
Woman’s
jobs
Negatively
affect the
Woman’s
performance
Undermine
the Woman’s
personal
dignity

4. Forms of Sexual Harassment
Quid Pro Quo
Denial of an economic
benefit for rejecting a
sexual overturn.
Hostile
Environment
Creation of an
intimidating, hostile
and offensive working
environment.

5. Examples of Sexual Harassment
Verbal innuendo
Inappropriate affectionate
gestures or humiliating
treatment
Propositions for dates or
sexual favors

6. Examples of Sexual Harassment
• Sexual jokes, comments on physical attributes, rating
others as to sexual activity or performance, talking
about one’s sexual activity in front of others and
displaying sexually explicit drawings, pictures and/or
written material.
Unwanted
Sexual
Statement
s
• Letters, telephone calls, visits, pressure for sexual
favors, pressure for unnecessary personal
interaction and pressure for dates where a
sexual/romantic intent appears evident but remains
unwanted.
Unwanted
Personal
Attention
• Touching, fondling, touching oneself sexually for
others to view, sexual assault, gigging, kissing, or
other sexual activity.
Unwanted
Sexual
Advances

7. IS THIS SEXUAL HARASSMENT ?
Incidents
At an office party, Manoj gets drunk and hugs Divya forcibly, while she protests.
Two employees discuss a funny but vulgar joke in the presence of their female
colleague. When she protests, they retort, ”Grow up, this is just a joke!”
Neha keeps mailing love poem and quotes to Prashant although he has clearly
her to stop.
Tammanna wins the ‘Employee of the Quarter’ award. Her manager, Ratan, pats
back and congratulates her.
Mihir brings an adult magazine to office and shows it to all his teammates,
women. The women feel uncomfortable.

8. Vishaka Judgement, 1997
Recognized it as
a violation of
Fundamental
rights under
Article 14, 15,
19(1)(g), 21.
Provided
guidelines
for
protection
of Women
Recognized
Sexual
harassment to
be a human
right’s violation

9. Indian Penal Code, 1860
Section
354:
Criminal
force to a
woman
with
intent to
outrage
her
modesty
Public disrobing of woman (Section 354 B)
Stalking (Section 354 D)
Voyeurism (Section 354 C)
Section 509: Word, gestures or act intended to insult the modesty of a
woman
Sexual Harassment (Section 354 A)

10. Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
Protection
Prevention
Redressal
Objective

11. Who is an Employee? [Section 2(f)]
Sexual
Harassment
Sexually
coloured
remarks
Regular, temporary, ad hoc or daily wage employees
Directly / through an agent/contractor
With or without remuneration /voluntary
Express / implied terms of employment
Probationer / apprentice

12. Who is an Employer? [Section 2(g)]
Sexually
coloured
remarks
Any
Person
Responsible
For:
Management
Supervision
Control

13. OTHERS
Client
Representatives
Vendors
Representatives
Security/
Housekeeping
Other than Employees the following persons will
also be covered

14. The extended ‘Workplace’…
Any place visited by
the employee arising
out of or during the
course of
employment such as:
• The office itself
• Transportation
provided by the
employer
• Place of stay on
office tours
• Client’s office

15. SEXUAL IN NATURE
Physical harassment (not essential ingredient)
Verbal harassment
Gestural harassment
Written or graphic harassment
Psychological/emotional harassment

16. What is not Sexual Harassment?
Welcomed and NOT sexual in nature
**Voluntary
lunch or dinner
dates – asking a
coworker to have
lunch or dinner
**Appropriate
compliments –
telling a person
that her outfit is
nice
**Acts of
courtesy opening
the door for
someone

17. CLEARING CONCEPTS – TRUE OR FALSE?
• Sexual harassment can occur outside the work site and still be considered work related. Incidents
that occur at retirement parties and office socials or in training are some of the situations where
work related harassment occurs?
• Sexual harassment is not limited to physical contact. It can occur any time that an individual is
uncomfortable with another person’s approaches, comments or discussions?
• Sexual harassment in the workplace is a women's issue?
• Friendly flirting is not sexual harassment when flirting is practiced between mutually consenting
individuals who are equal in power or authority?
• In order for it to be determined sexual harassment, the offender has to be a male?
• An employee witnesses another employee being harassed. Even though this involved a co-
worker, the witness can be considered a victim in this?

18. Combating Sexual Harassment
Express prohibition
‘ZERO-TOLERANCE
POLICY’
Rules and policy prohibiting
sexual harassment and
penalties
Appropriate work conditions

19. Rights of an Aggrieved Woman
Transfer of the
Aggrieved
Woman or the
Respondent Right of
leave of up to
a period of 3
months
Complete
Confidentiality

20. Filing a Compliant
A Complainant may file a complaint with the ICC within 3 months from the date
of the incident or if there is a series of incidents within 3 months from the last
incident
Where the Complainant is physically incapable of filing a complaint, the
complaint may be filed by a relative or friend, co-worker, an officer of the State
or National Women’s Commission, or any person with knowledge of the
incident who has the written consent to file the complaint
Where complainant is unable to make complaint on account of a mental
incapacity, the complaint may be filed by a relative or a friend, a special
educator, qualified psychiatrist or psychologist or guardian or any person with
knowledge of the incident who has the written consent to file the complaint

21. Rights available to the Complainant
Where complainant is unable to make complaint on account of her physical or
mental incapacity or otherwise, her legal heir or such other person may make a
complaint
Right to be heard by the ICC.
Complainant should be associated with the inquiry and afforded reasonable
opportunity and to receive copy of the inquiry findings
Complainant shall have the right to appeal if she is dissatisfied with the
decision of the concerned Committee against Sexual Harassment or the
disciplinary authority.

22. Rights available to the Respondent
Right to know material particulars of the charges made against him and he
should be given a period of 10 days to respond to the charge sheet
Right to appeal if he is dissatisfied with the decision of the concerned
Committee against Sexual Harassment or the disciplinary authority
Right to receive a fair, impartial and speedy trial and to receive copy of the
inquiry findings
Right to be heard by the ICC

23. Confidentiality of Proceedings
The following items shall not be published, communicated or released to the
public:
• The Complaint
• Identity or address of the aggrieved woman/complainant
• Identity or address of the Respondent
• Identity or address of any Witness
• Information relating to the Inquiry Proceedings
• Recommendations and Actions taken by the ICC

24. Liabilities of the Employees
• Disciplinary action as
per existing
provisions of Service
Rules.
False
Accusation
• Disciplinary action
for misconduct as per
existing provisions of
Service Rules and
deductions from
salary to pay
compensation.
Sexual
Harassment

25. Responsibilities
Supervisor
Recognize
behaviours that
could lead to
sexual harassment
and take proactive
steps
Provide all possible
assistance to the
aggrieved woman and
ensure there is no
retaliation
Employees
Identify your rights
and always report
the abuse

26. Employer’s Responsibilities
• Provide all
necessary
assistance to
the woman.
• Assist the woman
if she chooses to
file a complaint
under IPC
• Monitor the
timely
submission of
reports by ICC
• Provide
necessary
facilities and
assistance to
ICC
Provide a safe
working
environment
Constitute the
Internal
Complaints
Committee
(ICC)
Display
consequences
of sexual
harassment
and the
composition
of the ICC
Organise
workshops
and awareness
programmes
for sensitizing
employees

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

28. Investigation and Inquiry Report - Procedure
Incident of Sexual
Harassment
Conciliation
On request of the female
employee
ICC
Report of enquiry
Action for
misconduct
No action by
employer
Punishment for false
complaint
Appeal to court
Allegations
proved
Allegations not proved

29. Timelines – ICC Enquiry and Report
A written complaint has to be filed by the female
employee within 3 months of the date of the incident.
The inquiry has to be completed within 90 days.
The inquiry report has to be issued within 10 days of
completion of the inquiry
Employer must act on the recommendation of ICC
within 60 days of receipt of inquiry report
Appeal against the decision of ICC is allowed within
90 days

30. Possible Actions Against Harassment
● Restoration of lost terms, conditions or benefits of employment to the
complainant or victim of sexual harassment.
● Disciplinary actions that may be taken against of Harasser :
➦ Written disciplinary warnings ➦ Written Apology
➦ Demotion ➦ Undergoing Counselling
➦ Suspension ➦ Community Service
➦ Termination

31. WHAT IS YOUR ADVICE?
William sent an E-mail message to an employee recently assigned to his team complimenting her on
her dress. Later she was reprimanded for poor performance. She responded that this must have been
caused by her refusal to become involved with William. William is stunned and denies doing or
saying anything that could be construed as sexual harassment. What advice would you offer William?
A. Quit and find another job.
B. Don't worry. Everyone knows that this employee is unstable.
C. Cooperate fully in the investigation. If the only evidence of sexual harassment is an occasional
compliment on an employee's choice of clothing, it is hard to imagine that this would create a hostile
work environment.
D. Take a training course on sexual harassment.
E. Hire a good lawyer.

32. A SHORT VIDEO ON THE PRESENTED TOPIC

33. Questions?

34. THANK YOU
BBA V- ‘B’
(2019-2022)