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- How would the POSH Act 2013 operate as companies shift online?
Chethana V, a lawyer, resurrects the existing parameters of sexual harassment in the workplace and how technology and present conditions have re-drawn limits in a two-part series.
This article is not an alternative for legal advice or consultation with a lawyer, who will be in a better position to advise you with the facts and circumstances of your case, but rather a tool to assist the reader in better understanding the laws pertaining to workplace sexual harassment prevention.
This coronavirus has left an indelible mark on the planet. Businesses have migrated digital, workers must check in here from the house, and the concept of a workplace has evolved. Coworkers are conversing on social media, employers are discovering tweets written by their employees on Twitter, and dating apps are connecting people who work in the same company. Companies are increasingly leaning toward "mentorship" arrangements, in which older colleagues mentor younger colleagues in confined spaces. These layers exacerbate the complexity of professional relationships. In this context, it is necessary to examine the current boundaries of workplace sexual harassment and how technology and current conditions have redrawn them.
In a typical workplace, a workshop on sexual harassment protection will elicit one of the following reactions: "Sigh, there goes an hour of useful time." "Is this happening again?" or "We all understand what to do, no one needs this." Nonetheless, the reasoning for these exercises is the same as it is for fire drills. Hopefully, you will never need to use the knowledge, but if you do, you will also not be surprised.
The POSH Act 2013
The Sexual Misconduct of Women at Workplace (Avoidance, Prevention, and Grievances) Act of 2013 (also known as the "POSH Act 2013") went into effect in 2013. It is based on the Vishaka Guidelines and establishes a procedure for dealing with workplace sexual harassment allegations. The POSH Act 2013 states that:
The POSH Act 2013 is not gender-neutral, hence the individual who can register a complaint must be a woman. Any organisation with more than ten workers should establish an Internal Committee (formerly known as the Internal Complaints Committee) that handles sexual harassment complaints. When a complaint is lodged, the Internal Committee (IC) will investigate and make recommendations to the employer on their findings of guilt or innocence, as well as the consequences of those findings.
What is sexual harassment?
The POSH Act 2013 defines sexual harassment in the workplace as revealing behaviours also including physical advances, demanding or seeking sexual favours, displaying pornographic, expressing sexually coloured remarks, transmitting sexually explicit communications, and any other sexually inappropriate behaviour in the workplace. It also variables involved acts in which a reluctance to participate in sexually inappropriate behaviour is coupled with threats to jeopardise jobs or create a hostile work atmosphere.
Suppose A sends inappropriate forwards including sexual content to their employee, B. B merely ignores it and does not reply to it. A calls the entire group to a deal closing, apart from B. When B asks why they aren't invited, A tells them because the others responded to the mails, but B didn't.
To know more visit https://muds.co.in/posh-act-2013-sexual-...omen-workplace/
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