Considering the recent waves of harassment allegations #METOO in workplaces worldwide, businesses need to be more proactive than ever in establishing a safe and respectful workplace environment for their employees. Not only is harassment and discrimination legally problematic, but it is bad for business by all means: it can lead to poor morale, lower turnover, and less productivity.
The #MeToo movement has had a profound impact on raising awareness about sexual harassment and assault, encouraging victims to share their stories and promote cultural change. It has brought to light the widespread prevalence of such misconduct across various industries and societies. The movement has sparked conversations about power dynamics, consent, and the need for accountability.
On the other hand, there is a misuse of POSH (Prevention of Sexual Harassment at Workplace Act, 2013) by employees which refers to situations where individuals make false or malicious accusations of sexual harassment for personal gain or to harm someone’s reputation. Such misuse can undermine the effectiveness of POSH policies and procedures. Organizations need to be vigilant and ensure that proper checks and balances are in place to prevent and address any potential misuse. This includes conducting thorough investigations, protecting the rights of all parties involved, and taking appropriate actions if misuse is detected, such as disciplinary measures or legal recourse. It is essential to strike a balance between providing a safe environment for victims to report incidents and safeguarding against false accusations. Creating a culture of equality and safety in the offce can start with educating employees on what constitutes inappropriate behaviour. Everyone in the workplace should be aware of the harmful effects of discrimination and harassment towards individuals and the business as a whole.
Employers must also create and follow strict, zero-tolerance policies for any behaviour that violates equality and safety in the workplace within its workforce. Actions that cross the line must be immediately dealt with and punished accordingly. Providing formal training to employees can help to strengthen their in-depth understanding of appropriate workplace behaviour. Formal training sessions by subject matter experts should include concrete strategies for avoiding discrimination and harassment.
Major mistakes that startups and many other companies with more than 10 employees are making these days by avoiding fulfilling this mandatory compliance which may adversely affect them sooner or later. The companies believe that it is an unnecessary burden of cost but apparently forget to understand the repercussions of not fulfilling the compliance which can lead to heavy penalties and unnecessary litigation in the court of law.
The #MeToo movement has had a profound impact on raising awareness about sexual harassment and assault, encouraging victims
In an organization, various departments have different roles and responsibilities in promoting and implementing POSH (Prevention of Sexual Harassment) which are highly ignored due to a lack of awareness and repercussions faced in future like false allegations, heavy penalties, or litigations. Top management sets the tone and creates a culture of zero tolerance for sexual harassment. Top Management with the help of HR departments shall make sure that they do not miss the crucial role of the respective department and hence are responsible for communicating the organization’s commitment to The Internal Complaints Committee (ICC), allocating resources, supporting victims, ensuring prompt investigations, and taking appropriate disciplinary actions.
Human Resources (HR) Team shall make sure that ICC is complying with the implementation of the policies and procedures related to POSH. They must ensure timely training sessions by an expert, handle complaints, facilitate investigations, and provide support to victims. The ICC in POSH is responsible for receiving and investigating complaints of sexual harassment, ensuring confidentiality, providing support to complainants, recommending disciplinary actions, organizing awareness programs, and monitoring compliance with POSH laws and regulations. The Legal Team too plays a crucial role in advising and guiding the organization on legal compliance with respect to POSH. They assist in policy development, provide training on legal obligations, conduct investigations, handle litigation, and ensure confidentiality and data protection. The Finance Department allocates financial resources to set the budget for training programs, awareness campaigns, investigations, counselling, legal support, and potential settlements.
As a subject matter expert of POSH (Prevention of Sexual Harassment), it is crucial to recognize its signifcance in creating safe and inclusive workplaces. By actively supporting and implementing POSH, we can contribute to a society where everyone can work and thrive without fear of harassment while fostering equality and dignity for all.
The ICC in POSH is responsible for receiving and investigating complaints of sexual harassment, ensuring confidentiality, providing support to complainants, recommending disciplinary actions, organizing awareness programs.
