By Deepa Padmanabhan
One Thursday afternoon, I received a call from a close friend during work hours, which was unusual. I was surprised and curious about the reason for his call. As soon as I picked up, I sensed his stress and the imminent breakdown. “Is everything alright?” I asked. “Not really. I need your help. I am shocked and confused,” he replied. As we continued talking, I discovered that he was facing a Sexual Harassment complaint at his workplace and had been asked to respond. “I just casually commented that she (the complainant) was looking good. I did not see this coming at all,” he continued, still in disbelief about the complaint against him.
As experts in the Sexual Harassment of Women at Workplace Act 2013 (commonly known as the PoSH Act of 2013), we often focus on justice for the complainant, but it’s crucial to remember that respondents also have rights and responsibilities under the PoSH Act. Unfortunately, Internal Committees investigating complaints sometimes fail to convey these rights clearly to respondents or empathize with their situation.
“I am asked to respond to the complaint. Isn’t this too much for a small comment?” my friend shared his discontent. As a PoSH SME, I reassured him that he need not worry excessively, but I also emphasized that PoSH complaints should be taken seriously. Sometimes, what seems like a harmless comment can cross boundaries and impact others, forming the basis of a PoSH complaint. I advised him to take his time to understand and respond to the complaint properly within the specified timeframe.
“So, what do I do now? Should I hire a lawyer to help me?” my friend asked. I explained that while not mandatory, consulting someone with legal expertise can help structure a solid response. It’s essential to be thorough, gather evidence, and ensure his response aligns with the facts.
I urged him to carefully review the complaint copy and prepare his response without rushing. According to the PoSH Act, respondents must file their reply within 10 working days from receiving the complaint copy. Therefore, utilizing this time to collect thoughts, necessary data, and identify witnesses is crucial
“What happens after I submit my response? I hear I will be called for an investigation. I am too nervous to meet and be questioned. I feel intimidated already,” my friend shared his worry. Facing an investigation can indeed be intimidating, but I assured him that the committee’s goal is fair fact-finding. I stressed the importance of honesty, professionalism during questioning, and avoiding discussing the case outside official channels to maintain confidentiality and prevent misunderstandings.
For example: There could be instances which he is not sure of, or he may be unable to comprehend the questions, or he may genuinely have poor memories of any instance. In such situations it is important to not read between the lines, but take time from the IC to gather evidence and respond. Because contradicting responses are not going to favour him in any way, and it may result in more redundant discussions and delay the investigation process. It is also of extreme importance that professional demeanor be maintained in such meetings, as bad behaviour is yet another thing that IC members have to deal with on a regular basis. Therefore, the questions asked are only to fact find and provide relief to the complainant while also correcting any inappropriate behaviour at large in the organization.
I reminded him about the importance of maintaining case confidentiality and avoiding contact with the complainant or witnesses outside the case to prevent further complications or misunderstandings.
I ended our conversation by reminding my friend to cooperate with the process as a chance to learn and correct any unintentional mistakes. While it’s undoubtedly a tough situation, handling it properly can lead to positive outcomes for everyone involved!
If you have questions regarding the Sexual Harassment of Women at Workplaces Act (Prevention, Prohibition & Redressal) Act 2013, also known as the PoSH Act 2013, or if you’d like more information about our PoSH offerings and e-learning solutions, please contact us at info@kelphr.com or call +91-9500129652.
About Kelp
Established in 2013, Kelp’s mission is to deliver top-notch HR solutions to businesses and enhance workplace environments across industries. Over the past decade, we have served over 800 clients in India and internationally, focusing on PoSH (prevention of sexual harassment at the workplace), D, E & I (Diversity, Equity & Inclusion), and EAP (Employee Assistance Programs). While our services span various areas, our core goal remains consistent: to foster safer, more inclusive, and productive workplaces.
For inquiries about our services related to Prevention of Sexual Harassment (PoSH), Diversity, Equity, and Inclusion (D,E &I), or Employee Assistance Programs (EAP), please reach out to us at info@kelphr.com or call +91-95001-29652. Our advisors will tailor customized offerings to suit your organization’s needs.
