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Rights of Accused in POSH ACT 2013

The Protection of Women from Sexual Harassment (POSH) Act, 2013 , primarily aims to prevent and redress sexual harassment of women at the workplace. While the Act is designed to protect the rights and dignity of women who are victims of sexual harassment, it also includes provisions to ensure that the accused individuals are treated fairly and have their rights upheld. Here are some key rights of the accused under the POSH Act: Right to a Fair and Impartial Inquiry:  The accused has the right to a fair and impartial inquiry into the allegations of sexual harassment. The Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC), responsible for conducting the inquiry, must ensure that the process is unbiased and follows the principles of natural justice. Right to Be Informed:  The accused has the right to be informed of the allegations made against them. They should receive a written complaint or notice detailing the charges and any evidence provided by the complainant

Workplace sexual harassment and employee attrition


Introduction

Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer. 

This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this. 

Reasons for not reporting workplace sexual harassment

Fear of Retaliation

One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment. 

Retaliation can take many forms, including being demoted, having hours reduced, being passed over for promotion, or being fired. In some cases, victims may also face social isolation or bullying from their co-workers. The fear of retaliation can be so strong that victims may choose to remain silent rather than risk their job or career.

Lack of Trust in the Reporting System

Another reason why employees do not report workplace sexual harassment is a lack of trust in the reporting system. Victims may worry that their complaints will not be taken seriously, or that they will not receive a fair investigation. 

This lack of trust can be based on past experiences, or on stories, they have heard from other employees. In some cases, employees may not even know how to report harassment or may not be aware of the procedures in place to address it.

Embarrassment or Shame

Many victims of workplace sexual harassment may feel embarrassed or ashamed about what has happened to them. They may worry that others will judge them or blame them for the harassment. 

This feeling of shame can be even stronger if the harassment involves sexual comments or physical contact. Victims may also worry that they will not be believed or that their reputation will be damaged if they report the harassment. Provide training and support for employees

Employers should provide training and support for employees on how to recognize and respond to workplace sexual harassment. This can include training on what constitutes sexual harassment, how to report it, and how to support victims of harassment. Employers can also provide access to counseling and other support services for employees who have experienced sexual harassment.

Hold perpetrators accountable

Employers should take a zero-tolerance approach to workplace sexual harassment and should hold perpetrators accountable for their actions. This can include conducting thorough investigations of reported harassment, taking disciplinary action against perpetrators, and communicating clearly to employees that harassment will not be tolerated.

Foster a sense of community and belonging

Employers can foster a sense of community and belong among employees by creating opportunities for team-building, socializing, and recognition. This can help to create a workplace where employees feel valued and supported, and where they are more likely to raise their concerns if they experience workplace sexual harassment.

Also read: 6 Steps Indian Bosses Must Take To Ensure All Employees Feel Equally Valued

Encourage feedback and participation

Employers should encourage feedback and participation from employees on workplace policies and procedures related to sexual harassment. This can include soliciting feedback through surveys or focus groups and creating channels for employees to provide feedback on an ongoing basis.

By taking these steps, employers can create a workplace where employees feel safe, valued, and empowered to report workplace sexual harassment when it occurs. This not only benefits employees, but also helps to create a positive work environment that promotes productivity, engagement, and business success.

How can POSHADVO help you?

At POSHADVO, our team has made reporting workplace sexual harassment for your team easier with our PoSH compliance SaaS platform, Conduct. Conduct’s incident reporting mechanism is:


Legally compliant as per the PoSH Act

Completely confidential and secure

A 6-step guided process of filing a complaint

A belief that Nothing Will Change

Some employees may not file a complaint of workplace sexual harassment because they believe that nothing will change. They may feel that their organization does not take harassment seriously or that their harasser is too powerful to be held accountable. 

They may also feel that reporting the harassment will not make a difference in the long run and that they will continue to face harassment in the workplace regardless.

Fear of Negative Career Consequences

Employees may also be afraid that reporting workplace sexual harassment will have negative consequences for their careers. They may worry that they will be labeled as a troublemaker or a liability to the company. 

They may also worry that their ability to work in their chosen profession will be affected if they are seen as someone who has complained about harassment. This fear can be especially strong if the harasser is in a position of power or if the harassment is taking place in a highly competitive or male-dominated field.

What can you, as an employer, do about this?

Employers have a responsibility to create a safe and respectful workplace for all employees. Here are some strategies employers can use to get employees to raise their concerns about workplace sexual harassment with them:

Communicate clearly about reporting procedures

Employers should make sure that employees know how to report workplace sexual harassment, including who to report to, what to expect during the reporting process, and what types of support are available. This information should be communicated clearly and regularly, through employee handbooks, training sessions, policies, and more.

Create a culture of respect and openness

Employers should work to create a workplace culture that values respect, inclusivity, and openness. This can include promoting diversity and inclusion, encouraging employees to speak up about their concerns, and creating channels for feedback and communication.


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