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Posh Aug 2022 Ecpl

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Content:

• What is POSH?
• What is Sexual harassment?
• Who are covered?
• Examples of Sexual Harassment
• Quid pro quo and Hostile Work environment
• Internal Complaints Committee
• Whom to Contact?
• Procedure to file a complaint
• Consequence of Sexual Harassment
• What is not Workplace Sexual Harassment?
• What is Retaliation?
• What is Consensual Relationship?
• Case study 1 and Case study 2
• Video clips 1 &2
• HR contacts
• Questions?
What is POSH?
What
Prevention is POSH?
of Sexual Harassment

Indian law on Sexual Harassment

As per Indian Constitution, the Supreme Court has defined sexual harassment in its order as
any unwelcome, sexually determined physical, verbal, or non-verbal act against any gender.

Indian Constitution passed the act in the year 2013.

Indian penal code 1860.


What is Sexual Harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature.

What constitutes Sexual Harassment ?


• Physical contact and advances.
• Demanding or requesting Sexual Favours.
• Showing pornography.
• Sexually coloured remarks.

What is Workplace?
Any Place visited by the employee during employment, including transportation, is
considered a workplace.

This includes:
• Company Guest House
• Hotel Stay during official Travel
• Client Place, etc…..
Internal
Who Complaints
are Covered? Committee
• Full-time Employees
• Temporary Workers
• Contractual workers
• Housekeeping
• Security
• Trainees / Interns
• Client / Vendor Representatives
• Volunteers with/without Remuneration
Examples of Sexual Harassment?

• Starring Leering, obscene gestures,howling,making kissing sounds,


smacking lips.
• Showing suggestive signs, objects or pictures.
• Indecent comments, dirty jokes, comments on women's body or dress.
• Using power positions to request for favours or threats on loss of
privilege/ loss of job.
• Touching, petting, kissing, brushing against another's body.
• Blocking, following and cornering.
• Referring as Honey, sweety and baby.
• Making work discussion sexual.
• Telling sexual jokes.
• Asking about sexual fantasies.
• Touching person’s clothing.

What is meant by Unwelcome?


• Any conduct or behaviour is unwelcome if the recipient doesn’t consent
to it and regards it as offensive.
• Even if the victim doesn't complain it doesn’t necessarily mean its
welcome.
Sexual Harassment in the workplace can be categorised into 2 groups

Quid Pro Quo means “This or That” in exchange of one thing for another. Quid pro quo takes place if :
• Sexual favours are asked in exchange for any kind any special treatment on the job.
• An employee threatens an associate if he /she doesn’t consent to such sexual advances or favours.

• Creating a hostile, intimidating or an offensive work environment.


• Humiliating treatment likely to affect the health and safety.
Internal Complaints Committee
What is Internal Complaints Committee (ICC) ?

A body or a forum which receives complaints on sexual


harassment at the workplace from an aggrieved man/woman,
as well as to enquire into and make recommendations on the
action required.

16 members are part of ICC team.


Whom to Contact?

Antony Gregory Mervyn D’Couto Joseph Kaithathara Dinakaran Akash H


CEO VP AD AD AD

Hemanth Gowda Smitha B N Divya Y Hannah Myers


HR Manager ER Manager Lead HR ER

Rajesh K Niranjan.P Abhishek S Vinod A Tabassum


Fazal Vora
Operations Manager Sr. Operations Manager Assistant Manager Assistant Manager Quality Head
Operations Manager
F Complaint to ICC
I
L Complaints committee
members will Investigate
I
N committee will analyze
G
Notify to Victim
C
O
M Did concern prove?

P
L Yes No
A
Enquiry
I Settlement /
Appropriate Action
N taken
If found it’s a false
allegation
T
Severe action taken
S on the Victim
Feeling is Mutual
Can men be sexually harassed ?
Consequences of Sexual Harassment

Once a complaint is received and investigation is carried


out, validity of the harassment allegations will be
determined

If Harassment has occurred prompt,remedial action will


be taken.

Action against Sexual Harassment


• Restoration of Lost term, conditions or benefits of
employment to the complaining associate
• Disciplination of Harasser
• Written disciplinary warnings
• Demotion
• Suspension
• Termination
What is NOT Workplace Sexual Harassment?

• Following up on work absence


• Requiring performance to job standards
• Reprimands in relation to work/ meeting targets and deadlines
• Constructive feedback about work

Steps to Deter Sexual Harassment

Don’t Ignore it
• Don’t pretend it didn’t happen. Inform the harasser that the behavior is Unwelcome.
Report the incident
• Tell the ICC exactly what happened as soon as possible.
Do not accept the Behavior
• Do not tolerate the behavior if it seems that others around you are tolerating
Be supportive
• If someone wishes to talk to you about their personal experience listen with empathy and direct them to ICC.
Any employee can file the complaints
• If you see someone getting harassed, you may also complain.
Extra work
What is Retaliation?

Workplace retaliation is when an employer or company leader


takes negative action against an employee who files a formal complaint
about workplace.

Retaliation Includes

• Retaliation is a serious violation of the POSH policy.


• Any form of Retaliation against a victim or their supporters are forbidden.
• Persons who retaliate in the form of Intimidation.
• Pressure to withdraw the case.
• Threats( for reporting, testifying or participating in the proceedings) should
be reported to the committee immediately.
• Any person found to have retaliated against an individual for reporting
harassment will be subject to disciplinary procedures.
An Apology to be or not to be
Consensual Relationships

Consensual Relationships are not harassment if they are welcomed


by the persons involved.

If a consensual relationship ceases to exist

Conduct once considered welcome may later seen as unwelcome.

Either person may end the relationship at any point in time without
fear of retaliation of job.
Arrogance
Case Study

Scenario 1 :

Arvind and Suguna are part of a team in an organisation. Suguna reports to Aravind.
Aravind constantly tells Suguna that they should go out somewhere after work hours,
perhaps a late-night movie or dinner. Suguna is uncomfortable but smiles and says she is
busy most often. One day Arvind tells Suguna that if she turns down his request again,
her ratings will go down in her monthly review.

Is this a Sexual Harassment or not ?

Case Study
Scenario 2 :

Neha is part of the team that reports to Neeraj who is her college senior. Neha is very
good at her work and Nirav has lot more experience than Neha.

Nirav is very upset and believes that Neha has been assigned the coveted project because
they must be having relationship. He jokes about this with other team members and
slowly this spreads around the company

Is this a Sexual Harassment or not ?


After Office Hours
Every office ever
Contacts to reach HR

Smitha ER Manager 9900367588

Divya HR Lead 9113911212


Hannah - ER 9113918323

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