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POSH Act and Gender-Neutrality Many ask, is the POSH Act gender neutral? The answer is no. As per the POSH Act, only women can file a complaint of sexual harassment. It is to be noted that the POSH Act allows an aggrieved woman to file a sexual harassment complaint against another woman. In a landmark judgment for the case “Dr. Malabika Bhattacharjee vs. Internal Complaints Committee, Vivekananda College”, the Honorable Justice Sabyasachi Bhattacharyya of the High Court of Calcutta remarked: "There is nothing in Section 9 of the 2013 Act to preclude a same-gender complaint under the Act." “...it might seem a bit odd at the first that people of the same gender complain of sexual harassment against each other, it is not improbable, particularly in the context of the dynamic mode which the Indian society is adopting currently, even debating the issue as to whether same-gender marriages may be legalized." “If section 3(2) is looked into, it is seen that the acts contemplated...

  Definitions How is sexual harassment defined under POSH Act? According to the POSH Act, any of the following unwelcome behaviors is defined as sexual harassment: Physical contact and advances. Demand or request for sexual favors. Making sexually colored remarks. Showing pornography. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature. It is also considered sexual harassment if any woman employee is subjected to any of the following: Promise of preferential treatment in the employment in return of a sexual favor. Threat of detrimental treatment in the employment for denying a sexual favor. Threat about the present or future employment status for denying sexual favor. Any behavior/act with sexual nature that interferes with an employee’s work or creates an intimidating, offensive or hostile work environment. Any kind of humiliating treatment that relates to any behavior that has explicit or implicit sexual undertones. The kind of treatment that is likely to ...

  Features of an Effective POSH Training An employer must be careful about the kind of training they choose for employees. “For a training to have a positive impact on the employees and help in preventing sexual harassment at workplace, ”. it must have the following features: It should be conducted at regular time intervals. Higher the frequency of training, better the retention. The training must include real-life examples and scenarios that are relevant to the industry. The training should not only focus on what is unacceptable in the organization. Employees should also be informed about responsible and respectful behavior. Managers should also be enabled adequately as most times they will be the first the employees might approach. Comprehensive enablement for the IC members with case studies and judgments. You can check out our comprehensive POSH Awareness Trainings for staff, managers and IC Members, here. Submission of Annual Report POSH Act mandates that every organization th...

Duties of Employer according to POSH Act The POSH Act holds the employer responsible for ensuring the safety of all employees. To ensure safety of women within workplaces, the POSH Act makes it mandatory for the employer of an organization or a company to do the following: Provide a safe working environment for all women employees Draft and disseminate an organizational policy against sexual harassment of women at workplace Formulate an Internal Committee if the organization has ten or more employees Display the consequences of sexual harassment and the details of Internal Committee in any conspicuous place in the workplace Organize awareness programs for employees about the provisions of POSH Act. You can take a look at our POSH Employee Awareness eLearning here. Internal Committee members must be trained on their roles and responsibilities. You can take a look at our POSH for IC Members eLearning here Provide necessary facilities and produce any necessary information to the Internal ...