UncategorizedPOSH CONVERSATIONS

Talking about sexual harassment is an uncomfortable conversation for most people. Yet, the law mandates regular POSH trainings and those conversations must necessarily take place at regular intervals. The employer, trainer and trainees have to do their respective jobs to report legal compliance, train effectively for a safe workplace and the trainees must learn about a harassment free, safe culture in the workplace. Hence, for a POSH training to be effective, both in letter and spirit, it must be geared towards bringing behavioural change and not merely reporting legal compliance.

All employers know that they must have a robust POSH policy in place and must appoint an IC to deal with any complaint. They are also aware that POSH and IC capability trainings have to be conducted. However, what most employers do is to merely tick the compliance box.

Most trainees know that they shouldn’t be asking for sexual favours in the workplace. What they need to be made aware of are the kinds of subtle behaviours that could be problematic and fall within the POSH scope.

When building a safe workplace and implementing a POSH culture it’s important to frequently have conversations which reiterate the POSH culture and anti-harassment values.

• It’s important to communicate the art of saying “No” at the earliest, to the employees so that in many cases non-consensual sexual behaviour is nipped in the bud and does not grow into a full-fledged harassment.
• It’s also important for employers to understand that sexual harassment can occur even in consensual relationships. Just because two people are involved in a romantic or sexual relationship doesn’t mean that one party has the right to engage in behaviour that is unwelcome or inappropriate towards the other.
• The POSH policy must not merely remain a written document, and POSH conversations make sure that employees become aware that though law does not prohibit romantic or sexual relationships between co-workers, it’s the responsibility of both parties to ensure that they behave in a professional manner. They are made aware of the potential consequences of their actions and understand the risks involved.
• The conversations and counselling by leaders should advise employees in consensual relationships to avoid public displays of affection or behaviour that could be perceived as inappropriate by others. Consenting adults must keep their personal matters separate from work-related discussions and avoid discussing details of their relationship with other colleagues.
• At the same time, even if the relationship of employees was consensual to a point, If any employee feels that she/ he has been subjected to sexual harassment in the workplace, she/ he has the right to file a complaint with the IC or with the local police and a fair hearing cannot be denied.
• Power dynamics can be present in romantic or sexual relationships between co-workers. If one party holds a position of power or authority over the other employee, there is a risk of abuse or coercion. The employer may have a Relationship Disclosure Policy, regarding romantic or sexual relationships between co-workers including peers or managers to regulate inter personal relationships.
• Often, complaints under the POSH Act are a result of retaliation due to denial of sexual favours. It’s imperative to point out the consequences of such behaviour.
• The POSH Act does not recognize and consequently does not provide for dealing with anonymous complaints of sexual harassment. The Delhi High Court in Manjeet Singh v. Indraprastha Gas Limited 236 (2017) DLT 396set aside the conclusion of the IC because the complaint was anonymous. The aggrieved employee must be given comfort to be able to file and pursue a POSH complaint.
• All employees must be secure in the knowledge that their reporting a POSH complaint will not result in a vindictive backlash either by the employer or by the accused. However, a red flag must be waved regarding false complaints and employers must act strongly against any case of a false complaint.
• Employers must encourage leadership and management team to model active bystander behaviour and create an atmosphere of safety and respect. The active bystander approach involves a process of stopping or preventing a case of sexual misconduct from happening, stepping in during inappropriate situations and even calling out inappropriate jokes or conversations that contribute to a negative workplace. An active bystander focuses on intervening in situations where the victim is unable to defend themselves.

POSH conversations on all the above will go a long way in fostering a safe and respectful workplace.