The POSH Act is an important law that enables the safety of women in the workplace—an essential step to creating a psychologically safe space for them. For POSH Act to be effective, both companies and women need to be aware of its provisions.
In Part 2, we look at what is considered sexual harassment.
Recap: Here are four childhood friends meeting up at a reunion after they turn professionals. One of them, Jasmine, has been facing harassment in her workplace and opens up about it with trepidation. Little does she know that there is redressal. Her friend, Seema, explains the different forms of sexual harassment and the scope of the POSH Act.
Scooping some butterscotch ice cream, Seema looked into Jasmine’s hopeful eyes and began talking about POSH Committee.
She asked, “Before I talk about the committee, I want to know, is your company POSH compliant?”
By now, the two men had joined. They teased Seema and Jasmine for starting ‘girly talks’. “I don’t think we are needed anymore,” said Rahim.
Seema shot an angry look and told them, “This is equally important to you guys. You need to be aware of the dos and don’ts under this act.”
“What do you mean by being POSH compliant?” asked Jasmine.
“A POSH-compliant company has a zero-tolerance policy towards harassment especially sexual in nature. If they carry a series of training and continue to do at least two sessions in a year, they are a POSH-compliant company. That means the company will investigate a sexual harassment complaint by a woman,” she explained.
“Wait, wait! You are too fast. Please tell us all this in detail,” Rohit interrupted.
Seema paused and sighed. She lowered her voice and said, “Listen, POSH is Prevention of Sexual Harassment at Work Place. It means, if you are a female colleague and are being subjected to any form of sexual harassment at work, you can file a complaint against the perpetrator with the committee in your organization.”
Aah! Do you mean men are not harassed? asked Rohit in a sarcastic tone.
“They are, but POSH covers only the complaints filed by women colleagues. But I will talk more about it later. Let me tell you what sexual harassment is. Anything that makes a female colleague squirm with embarrassment, especially if it has sexual innuendoes, is considered sexual harassment. That includes stalking a female colleague of yours, sending dirty messages to her, asking her out after she repeatedly refuses, showing and sending pornographic messages, or sharing adult jokes, etc. They will come under the scanner of sexual harassment. When you make a casual comment, and it makes your female colleague uncomfortable, it can come under the scanner too. Also, if you bump into her deliberately, touch her inappropriately, or in the pretext of work, it can be considered sexual harassment.”
“So, you mean to say even if we bump into a colleague by mistake, she can file a complaint under sexual harassment?” asked Rohit. I had the same question, said Rahim.
No, said Seema. “If you bump into her by mistake and apologize, that will not be sexual harassment. However, if the lady colleague sees a pattern in you trying to touch her, she can take offense and file a complaint. So, you have to be mindful of the comments you pass and the words you use, when you talk to your female colleagues,” she said, observing their reactions. She sensed the anxiety in all of them for various reasons.
“Come on, I am not intimidating you guys,” said Seema, looking at Rohit and Rahim. “I am trying to educate you so that you don’t land in trouble,” she added.
No wonder you said it is important for us, observed Rohit glancing at Rahim.
“After all, we need to know, when we can get cornered under this act,” he said, nodding his head.
“Hey, but you are not the only one who can get cornered. We too can get cornered under this act,” Seema responded.
Looking at the blank face of her friends, Seema added quickly, “That is all for one scoop of butterscotch ice cream. More information needs an extra treat.”
Making a fist at her, Rohit got up to get her another scoop of ice cream.
To be Continued…..
