Sexual Harassment at Workplace

The Prevention of Sexual Harassment (POSH) framework addresses workplace sexual harassment by defining prohibited conduct, establishing internal complaint mechanisms, and providing remedial procedures to ensure a safe and dignified work environment. POSH laws aim to prevent harassment, protect employees’ rights, and create a structured process for complaint resolution through Internal Complaints Committees (ICC) and external redressal bodies.

Key features

• Definition: Sexual harassment includes unwelcome sexual advances, requests for sexual favours, verbal or physical conduct of a sexual nature, and hostile work environment behaviours.
• Obligations on employers: Employers must constitute an ICC, provide awareness training, adopt anti-harassment policies, and ensure confidential complaint channels.
• Complaint mechanism: Complaints are investigated by the ICC which follows timelines, principles of natural justice, and recommends appropriate action.
• Remedies: Remedies include counselling, formal apology, transfer, suspension, termination, compensation and systemic changes to prevent recurrence.
• Confidentiality and protection: Protections against victim-blaming, retaliation and confidentiality of proceedings are fundamental.

Practical considerations

Employers must ensure accessible complaint processes, timely training and impartial investigations. Complainants should preserve evidence, follow internal timelines and be aware of external complaint options if internal remedies fail. Legal practitioners advise on procedural fairness, confidentiality safeguards, appropriate relief and compliance documentation. Effective prevention involves proactive workplace culture change, documented policies and continual training to reduce incidents and protect all stakeholders’ dignity.