Ungenderâs glossary is a practical reference tool that simplifies key legal, procedural, and behavioural terms on workplace sexual harassment. Designed for IC members, employers, HR, and compliance teams, it builds a shared vocabulary for policy, training, and redressal. As a living document, it supports consistent, lawful, and inclusive workplace practices.
This refers to the repeated or prolonged absence of Internal Committee (IC) members from official meetings or inquiry proceedings. Such absenteeism not only delays the resolution of sexual harassment complaints but also undermines the credibility and functionality of the redressal mechanism. Regular participation by all IC members is essential to ensure timely justice and compliance with procedural requirements.
Accessory harassment involves enabling, assisting, or encouraging an act of sexual harassment by another individual. This can include laughing at inappropriate jokes, forwarding obscene messages, remaining silent in the face of misconduct, or retaliating against someone who reports harassment. Although the person may not directly commit the harassment, their complicity supports or intensifies the hostile environment.
The accused, also referred to as the respondent in POSH proceedings, is the individual against whom the aggrieved woman has lodged a complaint of sexual harassment. The accused is entitled to a fair and unbiased inquiry, including access to the complaint, an opportunity to respond, and to present evidence in their defense as part of the inquiry process.
An Action Taken Report (ATR) is a formal document submitted by the employer to the IC or relevant authority indicating the steps taken based on the ICâs recommendations. It typically includes disciplinary actions, preventive measures implemented, and compliance status. Submitting an ATR is mandatory within 60 days of receiving the ICâs findings.
Apart from conducting inquiries, the Internal Committee also has an advisory function. It can propose improvements in workplace policies and practices to enhance gender sensitivity and prevent harassment. This may include suggesting awareness programs, workplace layout adjustments, or changes to codes of conduct.
The term refers to any woman who alleges that she has been subjected to sexual harassment at the workplace. The definition is inclusive and covers full-time, part-time, contractual, temporary, and even visitors. It also applies regardless of whether the woman is employed by the organization where the harassment occurred.
An anonymous complaint is one where the complainant does not disclose her identity. While the POSH Act does not mandate acceptance of such complaints, some organizations treat them as red flags, initiating preventive awareness steps or environmental scanning to identify any underlying issues.
If either the complainant or the respondent is dissatisfied with the findings or recommendations of the Internal Committee, they have the right to file an appeal. The appeal must be filed within 90 days to the appropriate legal authority as defined under service rules or with a civil court.
An Annual Compliance Report is a mandatory document that every organization must file under Rule 14 of the POSH Rules, 2013. Prepared by the Internal Committee and submitted to the District Officer, it includes complaints received, resolved, pending, actions taken, and awareness activities conducted. Failure to submit can attract penalties and signal non-implementation.
A witness who provides relevant information or testimony to the IC but requests anonymity due to fear of retaliation or stigma. ICs may, in rare justified cases, protect identity if disclosure risks safety, but such testimonies should be cautiously weighed and corroborated since anonymity limits cross-examination.
Structured training sessions and campaigns to sensitize employees about the POSH Act, appropriate workplace behavior, reporting mechanisms, and the ICâs role. These programs are mandatory and must be conducted regularly.
Bias disclosure refers to the obligation of IC members to declare any potential conflict of interest or bias they may have concerning the complainant, respondent, or the facts of the case. This ensures impartiality in the proceedings and upholds the principle of natural justice. Members with familial, professional, or emotional proximity to either party must recuse themselves to maintain the integrity and neutrality of the inquiry process.
This refers to the act of a co-worker or witness stepping in to prevent or stop an incident of sexual harassment. Encouraging bystander intervention is a powerful tool in cultivating a respectful and safe workplace culture, as it empowers everyone to act against misconduct.
Case management includes all administrative and procedural tasks related to handling a sexual harassment complaintâreceiving complaints, maintaining records, scheduling hearings, managing timelines, and filing final reports. Efficient case management is crucial for ensuring transparency and compliance with the POSH Act.
Capacity building in the POSH context involves continuous learning, upskilling, and professional development of IC members, HR personnel, and leadership to effectively prevent, identify, and redress sexual harassment. This may include attending external legal workshops, reviewing case studies, subscribing to gender jurisprudence updates, and refreshing knowledge on evolving workplace norms. Capacity building ensures legal compliance and strengthens institutional accountability.
Closed-circuit television (CCTV) footage can serve as corroborative evidence in a POSH inquiry. It may capture inappropriate behavior, movements, or proximity that supports or refutes claims made by either party. The IC must evaluate such evidence objectively and maintain confidentiality.
The Chairperson, referred to officially as the Presiding Officer, is the senior-most woman employee who heads the Internal Committee. She is responsible for ensuring the inquiry is conducted fairly, within the prescribed timeline, and as per the principles of natural justice.
A closure report is the final document prepared by the IC after the inquiry is completed. It includes details of the complaint, evidence examined, witnesses interviewed, findings, and final recommendations. The employer acts on the closure report to implement disciplinary or remedial measures.
An organization's Code of Conduct is a formal policy document that defines acceptable behavior and professional ethics. It outlines disciplinary procedures for violations and often incorporates anti-harassment clauses aligned with the POSH Act to ensure respectful workplace practices.
The complainant is the individual who files a complaint under the POSH Act. She must submit a written statement describing the incident(s) of harassment within three months of its occurrence. The complainant is entitled to protection, confidentiality, and a fair hearing.
A complaint is a formal, written allegation submitted by an aggrieved woman about an incident of sexual harassment. It should contain all relevant details, including the nature of the harassment, date, location, and names of potential witnesses.
This is a designated physical or digital location where employees can submit complaints or concerns anonymously or with identification. It is a part of an accessible grievance redressal mechanism and encourages employees to speak up without fear.
Conciliation is an optional, non-adversarial process that allows the complainant and respondent to resolve the matter amicably before an inquiry begins. It must be initiated by the complainant and should not involve monetary compensation. If successful, a written settlement is signed by both parties.
Confidentiality is a legal obligation under the POSH Act that protects the identity of the complainant, respondent, and witnesses. It ensures that all proceedings are private and that any breach can lead to penalties, including a fine of âč5,000.
This refers to a brief but accurate written record of each meeting, hearing, or witness interaction during the IC inquiry. Maintaining such summaries helps preserve procedural clarity, assists in report writing, and is essential if the case goes to appellate or judicial review. Each entry must include the date, names of attendees, purpose of the meeting, key points discussed, and actions agreed upon.
Clear, voluntary, informed, and unambiguous agreement to a specific act. Consent must be freely given, is context-specific, and can be withdrawn at any time. Silence, past relationships, or power imbalances cannot be presumed as consent.
Constructive harassment refers to indirect or subtle behaviors that cumulatively create a hostile work environment. These may not involve overt sexual conduct but include exclusion from meetings, passive-aggressive emails, excessive scrutiny, or unreasonable workloads after rejection of advances or post-complaint filing. Constructive harassment is actionable under POSH if it arises from gender-based power dynamics or retaliation.
Cross-examination is the opportunity for both parties in a complaint to question each otherâs statements or witness testimony. It helps the IC assess credibility and determine the accuracy of the claims and defenses presented.
Unwelcome conduct carried out via digital channelsâemail, messaging apps, collaboration tools, video calls, or social mediaâincluding sexually explicit content, repeated unwanted contact, doxxing, or humiliating posts. Covered when linked to the workplace or work relationships.
The specific day on which the alleged act of harassment took place. If multiple incidents occurred, the last date is considered for calculating the limitation period for filing the complaint.
The final communication issued by the employer after receiving the ICâs closure report. It informs the complainant and respondent about the outcome of the inquiry and the action (if any) taken against the respondent.
A behavioral response often displayed by respondents where they aggressively deny responsibility, blame the complainant, or attempt to undermine the inquiry process. It does not imply guilt but may affect the perception of credibility.
Under exceptional circumstances, when the regular IC is unable to conduct an inquiryâsuch as when members are unavailable, biased, or the organization lacks an ICâthe employer may, under legal advice, request intervention from the Local Committee or constitute an ad hoc committee. However, such delegation must be justified, documented, and in compliance with Rule 7 of the POSH Rules to avoid procedural invalidity.
Acts of harassment that are explicit and targeted, such as inappropriate touching, sexually suggestive comments, gestures, or persistent unwanted advances. These behaviors are generally easier to identify and investigate.
Corrective steps taken by the employer against the respondent, which may include warning, transfer, suspension, termination, or any other appropriate action based on the ICâs recommendations.
The act of sharing or reporting oneâs experience of sexual harassment, either through a formal complaint or informal communication. Encouraging disclosure helps break the culture of silence and stigma.
The thorough recording of each step in the complaint processâreceipt of complaint, inquiry proceedings, evidence submitted, witness statements, and final findings. Good documentation ensures transparency, accountability, and legal compliance.
Structured educational programs conducted within an organization to educate employees about the POSH Act, workplace ethics, complaint redressal mechanisms, and acceptable behavior. These sessions are legally mandated and must be held at regular intervals. They ensure every employee understands their rights, responsibilities, and how to report misconduct.
Under the POSH Act, the employer holds the legal duty to provide a safe working environment, establish an Internal Committee, conduct awareness and sensitization programs, and ensure compliance with IC recommendations. Failure to meet these responsibilities may result in penalties or legal action against the organization.
A comprehensive document prepared by the Internal Committee at the end of an inquiry. It details the complaint, response, evidence, findings, and final recommendation for disciplinary or corrective action. The report must be submitted to the employer within 10 days of inquiry completion.
A formal organizational policy that ensures non-discriminatory treatment in recruitment, promotion, and general workplace behavior. It often includes clauses related to gender sensitivity and zero tolerance for harassment in alignment with POSH requirements.
Any document, statement, CCTV footage, email, or witness testimony submitted during the inquiry to support the complainant or respondentâs version of events. The IC must evaluate the relevance, authenticity, and context of each piece of evidence before reaching a conclusion.
An ex parte inquiry is conducted when one of the partiesâusually the respondent or complainantâfails to appear for multiple scheduled hearings without sufficient cause or withdraws from proceedings. In such cases, the IC may proceed based on the available evidence and testimonies. Ex parte proceedings must be documented thoroughly and undertaken only after giving adequate notice and opportunities to the absent party to avoid miscarriage of justice.
A mandatory member of the Internal Committee who is not employed by the organization and is typically affiliated with an NGO or legal field with experience in womenâs rights or social work. Their inclusion ensures neutrality and expertise in handling harassment cases.
A complaint that is intentionally fabricated or made with malicious intent. The POSH Act allows the IC to recommend action against the complainant in such cases, but only after a thorough inquiry confirms dishonesty. Mere lack of evidence or inability to prove allegations does not constitute a false complaint.
Granting special treatment or privileges to certain employees in exchange for sexual favors or as a result of consensual relationships can be considered harassment. It may create a hostile work environment for others and violate the principles of fairness and professionalism.
A significant barrier to reporting harassment, this refers to the apprehension that the complainant might face adverse consequencesâsuch as demotion, social isolation, or job lossâfor raising a complaint. The POSH Act protects employees against any retaliatory action.
The established process for lodging a complaint under the POSH framework. This may include written submissions, digital portals, or designated grievance cells. A clear, confidential, and accessible mechanism is essential for encouraging reporting.
The person or system designated to initially receive a harassment complaint before it is formally submitted to the IC. This could be an HR representative, a complaint box, or an email helpline. Their role is to guide the complainant through the process.
Preconceived notions or discriminatory treatment based on gender that can lead to inequality in opportunities or tolerance of inappropriate behavior. Gender bias may affect how complaints are perceived or how fairly the inquiry is conducted.
A process of educating employees to recognize and challenge gender stereotypes and discriminatory behaviors. Regular sensitization workshops are a preventive measure under the POSH Act to promote mutual respect and inclusion.
When a person reports harassment believing it to be true and for the right reasons, even if the complaint is not proven. Such disclosures are protected under the POSH Act, and the complainant cannot be penalized unless mala fide intent is established.
A designated personnel or authority tasked with receiving and acknowledging sexual harassment complaints, particularly in large organizations or institutions. The officer ensures the complaint is forwarded to the IC and procedural requirements are followed.
Instances where multiple individuals collectively engage in behavior that constitutes sexual harassment. This may involve group ridicule, lewd jokes, or coordinated exclusion of the complainant. Such cases are serious and require detailed investigation.
An internal resource issued by an organization to elaborate on the provisions of its POSH policy. It helps employees understand how to recognize harassment, how to report it, and what to expect during the inquiry process.
In the context of POSH, guilt refers to the state of having committed a violation of workplace conduct norms, specifically related to sexual harassment. It is determined only after a fair and thorough inquiry by the Internal Committee. Establishing guilt requires careful analysis of facts, evidence, and testimonies and must adhere to principles of natural justice.
Harassment refers to any unwelcome act, behavior, or gesture that demeans, humiliates, or intimidates an individual, particularly in a sexual context at the workplace. It can be verbal, non-verbal, physical, written, or visual and need not always be overtly sexual to qualify under the POSH Act.
The hearing process is the phase during which the Internal Committee (IC) conducts formal proceedings to hear both the complainant and the respondent. This process involves recording statements, examining evidence, cross-questioning if necessary, and maintaining neutrality. The principles of natural justiceâlike giving both parties an equal chance to be heardâare fundamental to this process.
Statements made by someone who did not directly witness the incident but claims to have heard about it from others. While not primary evidence, hearsay may provide supportive context, though the IC must be cautious in giving it undue weight.
Sexual harassment committed by a person in a position of authority or managerial role. Power dynamics often discourage the victim from reporting due to fear of retaliation or career setbacks. Such cases must be handled with strict confidentiality and neutrality.
Work setting made intimidating, offensive, or unsafe due to unwelcome conduct of a sexual nature that is severe and/or pervasive. Assessed from the standpoint of impact on the aggrieved person, not intent.
An HR representative often acts as a liaison between employees and the Internal Committee. While they are not always members of the IC, their role includes ensuring awareness of POSH policies, offering emotional support, facilitating training, and implementing recommendations made by the IC.
Verbal or behavioral acts that degrade, embarrass, or demean an individual based on their gender. Persistent humiliation can amount to harassment under the POSH Act, especially if it affects the personâs dignity or emotional well-being.
Meetings conducted using both in-person and virtual formats to ensure participation of all IC members, especially external members who may not be physically available. Proper documentation and adherence to process remain crucial in hybrid formats.
The Internal Committee is a legally mandated body under the POSH Act, 2013, constituted in organizations with 10 or more employees. Its role is to receive, investigate, and address complaints of sexual harassment. It must include a presiding officer, external member, and representation from across employee levels and genders.
Mandatory training sessions conducted for Internal Committee members to equip them with knowledge about the law, inquiry procedures, natural justice principles, and how to deal with sensitive situations. These sessions ensure legal and procedural accuracy.
Under the POSH Act, identity disclosure of the complainant, respondent, witnesses, and details of the inquiry must be kept strictly confidential. Breaching this confidentiality is punishable and undermines the complainant's trust in the system.
The potential for revealing the complainant's or respondent's identity during the inquiry process. The POSH Act mandates strict confidentiality, and breach of identityâeven inadvertentlyâcan cause emotional harm and legal repercussions.
This refers to evaluating sexual harassment complaints based on the impact of the behavior on the aggrieved person rather than the intent of the accused. The POSH law emphasizes the experience and effect on the complainant, recognizing that even seemingly harmless actions may have significant adverse outcomes.
Subtle or indirect behavior that may not involve overt physical acts but carries sexual undertonesâsuch as suggestive remarks, innuendos, or unwanted gestures. Implied harassment is just as serious and falls under the definition of workplace sexual harassment.
Any form of communicationâwritten, verbal, or digitalâthat is sexually suggestive, offensive, or unwelcome. This includes jokes, memes, innuendos, or flirtatious messages that breach workplace decorum.
An inclusive workplace is one that respects diversity and ensures safety and dignity for all employees, regardless of gender, orientation, or role. Implementing POSH policies with sincerity and proactive training is key to fostering inclusivity.
In complex, high-stakes, or unresolved POSH matters, an organization may voluntarily commission an independent external review of its processes or outcomes. This may involve legal professionals or gender experts auditing the IC's methodology, adherence to the law, and objectivity. While not mandated under the Act, such reviews enhance credibility, especially in regulated industries or when public reputation is at stake.
A witness who is not directly involved in the incident but may have seen or heard something relevant. Their testimony can be valuable for providing context or verifying timelines and should be recorded impartially.
Acts of harassment that affect the complainant through third-party channels or systemic cultureâfor instance, repeated gossip, exclusion from meetings, or spreading rumors. These create a hostile work environment and fall under the POSH definition.
The structured legal and procedural steps followed by the Internal Committee after receiving a complaint. It includes notice to the parties, recording of evidence, cross-examinations, and report draftingâall conducted within 90 days as per law.
The inquiry process under POSH is a formal mechanism through which the IC investigates a complaint. It involves hearing both parties, examining evidence, calling witnesses, and maintaining fairness, neutrality, and confidentiality. A written report is submitted with recommendations.
If an employee faces negative consequences, like denial of promotion or poor appraisals, after filing a POSH complaint, it may be a form of retaliation. The Act protects employees from such punitive actions that arise as a consequence of exercising their rights.
This is a temporary agreement signed by IC members, HR personnel, or witnesses to ensure non-disclosure of proceedings, identities, and evidence during the pendency of a complaint. Breach of this agreement may lead to disciplinary or legal action. It reinforces the statutory confidentiality requirement under Section 16 of the POSH Act.
Temporary measures recommended by the IC to protect the complainant during the inquiry. This can include transfer of either party, leave for the complainant, or change in reporting manager to prevent further discomfort or influence.
Organizations must align their internal codes of conduct, ethics policies, and employee handbooks with the requirements of POSH. This ensures clarity, coherence, and legal compliance throughout the organization's functioning.
Intersectionality in POSH recognizes that women from marginalized communities may face compounded discrimination. A Dalit woman, a transgender employee, or someone with a disability may experience layered harassment that must be acknowledged and addressed with sensitivity.
Intervention involves proactive steps taken by colleagues, bystanders, or HR to stop observed harassment or uncomfortable behavior. Encouraging bystander training and an open-door policy supports timely and effective intervention.
Intimidation refers to behavior intended to frighten, silence, or pressure someone, particularly during or after a POSH complaint. It can include threats, undue influence, and professional bullyingâall of which are prohibited and can be reported as retaliation.
POSH mandates strict confidentiality during and after the inquiry. The identities of the complainant, respondent, witnesses, and IC members must be protected to ensure fair proceedings and to prevent retaliation. Breach of confidentiality can attract penalties under the Act.
This is the Internal Committee (IC) formed under the POSH Act. It must include a Presiding Officer (a senior woman employee), at least two other members from the organization with experience in social work or legal knowledge, and an external member. It is empowered to conduct inquiries and recommend action on complaints of sexual harassment.
POSH mandates that an inquiry be completed within 90 days from the date the complaint is received. Following the inquiry, the IC must submit its report within 10 days, and the employer is required to act on the recommendations within 60 days. Timely redressal is key to ensuring justice.
The investigation procedure involves fact-finding, evidence collection, interviews, and analysis by the IC. It must be fair, confidential, non-judgmental, and in line with natural justice. The IC cannot function like a court, but it must apply a reasoned and unbiased approach.
While the POSH Act covers workplace sexual harassment, digital harassment (such as email abuse, cyberstalking, or sharing explicit content) can also fall under the IT Act, 2000. Organizations must address overlapping issues under both legal frameworks.
Fair platform, confidentiality, swift redressal, and protection from retaliation.
Refers to the responsibility of employers, IC members, and employees to be aware of the provisions of the POSH Act, 2013, organizational policy, and related procedures. Lack of knowledge cannot be used as a defence for non-compliance.
Denotes individuals and groups who play a critical role in implementing POSH mandates, such as IC members, senior management, HR professionals, external members, and local committees. Their active engagement is essential for building a safe workplace.
A behavioural principle that encourages IC members to adopt empathy, sensitivity, and dignity-preserving practices while conducting enquiries. While POSH law emphasizes natural justice, kindness ensures complainants and respondents feel respected through the process.
The systematic sharing of POSH-related policies, procedures, and best practices across teams and leadership levels. It includes IC training, employee sensitization, and documentation to build institutional memory and reduce dependency on individuals.
Metrics used by organizations to measure the effectiveness of their POSH framework. KPIs may include number of trainings conducted, complaints resolved within statutory timelines, employee awareness levels, and quality of IC proceedings.
A legal advisor may be consulted by the Internal Committee or the organization to interpret complex aspects of the law. Though not always mandatory, seeking legal opinion ensures lawful compliance and defensible decisions.
Legal awareness sessions are specialized training programs conducted by external experts to inform employees and IC members about the legal framework, rights of parties, real case studies, and judicial interpretations of POSH law. Such sessions go beyond basic sensitization and equip the workforce with clarity and confidence to handle complex workplace scenarios.
Every employee has a legitimate expectation of safety and respect at the workplace. POSH reaffirms this by creating legal obligations for employers to foster a harassment-free environment and act decisively on violations.
Besides redressal under POSH, a complainant may also seek legal remedy through civil or criminal courts, especially if the harassment involves assault, stalking, voyeurism, or other offenses under the Indian Penal Code. The IC must inform complainants about their right to seek legal action.
Parties are not entitled to be represented by legal counsel during IC inquiries under the POSH Act. However, they can take advice from a legal professional outside the proceedings. This helps maintain the non-adversarial nature of the inquiry while allowing parties to understand their rights.
The life cycle of a POSH complaint begins with receipt of a written complaint, followed by preliminary scrutiny, inquiry, report submission, employer action, and closure. At each stage, timelines, documentation, and due process are vital.
The Local Committee is constituted at the district level to address complaints from organizations with fewer than 10 employees or where the respondent is the employer. It ensures access to justice for individuals in small or informal setups.
If a complaint is found to be intentionally false and malicious, the IC may recommend action against the complainant. However, mere inability to prove a complaint does not make it malicious. This provision is included to deter misuse of the Act without discouraging genuine complaints.
Mediation is not explicitly provided for under POSH, but conciliation may be initiated by the complainant before inquiry. The IC must ensure that conciliation does not include any monetary settlement and must be fair, voluntary, and respectful.
Mental harassment includes acts or behavior that cause psychological harm, such as constant criticism, exclusion, threats, or gaslighting. Though harder to prove than physical harassment, such conduct can create a toxic work environment and may fall under POSH if gender-based.
Sexual harassment often results in significant mental trauma, including anxiety, depression, fear, or withdrawal. Acknowledging the psychological impact of harassment is critical for employers while supporting the aggrieved through counseling and flexibility.
Under most service rules, sexual harassment is classified as a form of misconduct. Once substantiated, it can lead to disciplinary actions such as warnings, suspension, demotion, or termination, depending on severity.
A robust monitoring mechanism includes tracking complaints, following up on timelines, conducting annual reviews, and reporting IC activities. It ensures accountability and reflects an organization's commitment to a safe workplace.
Natural justice requires fairness, transparency, and impartiality in decision-making. POSH inquiries must follow principles such as giving both parties a chance to be heard, presenting evidence, and reasoned conclusions.
The POSH Act is rooted in the principles of natural justice, which require that no one shall be condemned unheard, and that inquiry must be free of bias or conflict of interest. Both parties have a right to present evidence, respond to allegations, and appeal decisions. ICs must base findings on facts and provide reasoned conclusions in all decisions and reports.
Neutrality is essential in all POSH-related proceedings. IC members must act without bias or prejudice, regardless of their relationship with the parties involved. They must recuse themselves in case of conflicts of interest.
While confidentiality is crucial in POSH proceedings, NDAs should not be used to suppress valid complaints or prevent employees from reporting harassment. NDAs that attempt to silence complainants are viewed as unethical and potentially illegal.
Non-verbal harassment includes gestures, facial expressions, body language, and visual displays (such as posters or screensavers) that are sexually suggestive or make others uncomfortable. POSH recognizes these subtle yet harmful behaviors.
Once a written complaint is received, the IC issues a notice to the respondent informing them of the allegations and requesting a written response. This notice must respect confidentiality and outline the inquiry procedure.
An organization's culture plays a vital role in how seriously POSH is implemented. A culture that promotes respect, inclusivity, accountability, and openness will be more effective in preventing and redressing sexual harassment.
Outreach programs include campaigns, posters, internal newsletters, and awareness drives that keep POSH provisions visible and relevant. These activities remind employees of their rights and obligations and reinforce zero tolerance.
Oversight authorities in POSH typically refer to external agencies such as the District Officer, who ensures implementation of POSH mandates, particularly in the functioning of Local Committees. They play a supervisory role to ensure access and fairness.
Overt harassment refers to visible and explicit acts of sexual misconduct, such as direct propositions, inappropriate touching, or sexually explicit comments. These acts are typically easier to identify and document than subtle or systemic behaviors.
Peer accountability in POSH refers to the collective responsibility employees have in upholding a respectful workplace. It emphasizes that even those not in authority can challenge misconduct, report harassment, or support colleagues facing adversity.
POSH recognizes that harassment is often determined by the recipient's perception, not the perpetrator's intention. If conduct makes someone uncomfortableâeven unintentionallyâit may still qualify as harassment depending on the context and severity.
A process audit in POSH refers to the internal or external review of how effectively the organization's IC, policies, documentation, and awareness programs comply with legal mandates. Regular audits reveal gaps in training, record-keeping, or complaint redressal and help the organization build preventive infrastructure and transparency.
Effective policy communication is essential to ensure all employees understand POSH guidelines. This includes making the policy accessible, conducting onboarding sessions, and issuing regular reminders or updates.
A power imbalance exists when one person holds influence or authority over another, which may deter victims from reporting harassment. POSH emphasizes protecting vulnerable employees from exploitation rooted in such hierarchies.
Preventive measures refer to proactive steps taken by the employer and organization to stop sexual harassment before it occurs. These include policy implementation, awareness and sensitization sessions, regular IC meetings, display of POSH policy in common areas, ensuring diversity and representation, and conducting periodic audits to assess workplace culture. Prevention is central to the objectives of the POSH Act and must be prioritized equally alongside redressal mechanisms.
This refers to instances where individuals in positions of authority exploit their role or access to confidential information to influence POSH outcomes or silence complaints. Misuse of privilege can erode trust in the redressal system and must be dealt with through ethical training, transparency, and accountability in internal governance.
Direct or implied demand for sexual favors in exchange for employment benefits (hiring, promotion, favorable assignments) or to avoid adverse action. Considered a grave violation and does not require a pattern if the demand is established.
Quorum refers to the minimum number of Internal Committee (IC) members who must be present for any meeting or enquiry proceedings to be valid under the POSH Act, 2013. The law requires that at least three members constitute this quorum, and it must necessarily include both the Presiding Officer and the External Member. This provision ensures fairness, transparency, and credibility in the enquiry process by mandating balanced representation. In the absence of quorum, any discussion, decision, or outcome of the meeting would lack legal validity and could be challenged for non-compliance.
Organizations must maintain POSH-related documents, complaints, inquiry records, evidence, and reports for a specific period, usually three to five years. A clear Record Retention Policy ensures traceability, legal compliance, and protection against data loss. These records must be stored securely, with restricted access and regular audits.
The redressal mechanism is the organizational framework established to address and resolve complaints of sexual harassment. It includes the Internal Committee, the complaint procedure, timelines, inquiry processes, appeals, and enforcement of recommendations. An effective redressal mechanism must be confidential, neutral, time-bound, and sensitive to the complainant's needs.
In POSH, rehabilitation refers to the supportive measures offered to the aggrieved person post-inquiry to help restore emotional, professional, and psychological well-being. This can include counseling services, flexible work arrangements, reintegration sessions, or change of reporting structures. It is vital to ensure the complainant does not suffer post-resolution trauma or alienation.
In cases where the complainant takes leave or is transferred during an inquiry, organizations must offer reintegration or reinstatement support after the inquiry ends. This may include counseling, role reorientation, or assurance of non-discrimination. Such support ensures that reporting sexual harassment does not affect long-term career prospects.
This is the exhaustion and emotional toll a complainant may experience due to repetitive recounting of harassment details across multiple stages of initial complaint, inquiry, and possible appeals. Employers and ICs must recognize this fatigue and strive to minimize redundant questioning while maintaining due process.
Under the POSH framework, the respondent is entitled to fundamental rights during inquiry, including the right to receive a copy of the complaint, present a written response, call witnesses, access evidence presented, and be heard fairly. These rights are essential to uphold natural justice and avoid prejudgment or bias.
Retaliation refers to adverse consequences faced by the complainant or witnesses as a result of filing or supporting a POSH complaint. This may include demotion, threats, social exclusion, poor performance evaluations, or job loss. The POSH Act prohibits retaliation and places an obligation on employers to take preventive action against it.
The POSH Act defines the "workplace" broadly to include all locations where work-related activities occur, including offices, branch locations, vehicles, third-party premises, offsite meetings, virtual platforms, and work-from-home arrangements. Understanding this scope is essential when assessing jurisdiction and determining whether a complaint is admissible under the Act.
Sexual harassment under POSH includes any unwelcome act of a sexual nature, whether verbal, physical, visual, or written, that causes discomfort, humiliation, or creates a hostile work environment. Examples include sexual advances, innuendos, showing pornography, touching without consent, or repeated requests for dates. The impact on the complainant is central to determining harassment, regardless of intent.
This is the official policy drafted by organizations to define, prevent, and address workplace sexual harassment. A POSH policy must clearly outline definitions, complaint procedures, timelines, IC constitution, rights of parties, and confidentiality clauses. It must be displayed at the workplace and communicated regularly to employees.
Sexual misconduct includes a broad range of inappropriate behaviors that may or may not fall under legal definitions of harassment but breach professional boundaries. Examples include suggestive comments, flirtation in formal settings, or boundary violations. Organizations may include these in their codes of conduct to uphold workplace decorum.
In cases where conciliation is initiated by the complainant, a mutually agreed written settlement may be arrived at before formal inquiry begins. This agreement must not involve any monetary exchange and must be voluntarily signed by both parties. The IC must record and monitor compliance with such settlements.
While POSH is primarily gender-based, many inclusive organizations have expanded their policies to include harassment based on sexual orientation. Discrimination, exclusion, or harassment of LGBTQ+ employees must be addressed through diversity policies and intersectional frameworks within POSH implementation.
This occurs when a person not employed by the organizationâsuch as a vendor, client, customer, or visitorâcommits harassment at the workplace. POSH requires the employer to address such complaints seriously, offer protection to the complainant, and take steps such as blacklisting the offender or revising contracts with external agencies.
The Act prescribes strict timelines: Complaint to be filed within 3 months of incident; inquiry to be completed in 90 days; report to be submitted within 10 days of inquiry completion; employer to act within 60 days of receiving report. Adhering to timelines ensures fairness and builds trust in the system.
A training calendar outlines the annual plan for awareness sessions, IC workshops, sensitization modules, and leadership training. Organizations must maintain and review such calendars to ensure consistent engagement, especially in large or multi-location setups.
Unconscious bias refers to automatic, unintentional mental associations based on gender, appearance, or stereotypes. IC members and managers must be trained to identify and overcome such biases, especially while assessing credibility, demeanor, or emotional responses during POSH inquiries.
The core element of defining sexual harassment under the POSH Act, 2013. Any act, gesture, or conduct that is not solicited or invited and is subjectively experienced as offensive, uncomfortable, or inappropriate by the recipient falls under this category.
Refers to the misuse of authority, seniority, or positional power to pressure an employee into complying with inappropriate demands. In POSH matters, undue influence often underpins quid pro quo harassment or coerced silence.
The obligation of the Internal Committee to conduct enquiries without prejudice, favoritism, or preconceived notions. Ensuring neutrality is central to upholding natural justice and building confidence in the redressal process.
Covers behaviour that may not always meet the threshold of "sexual harassment" legally but violates professional standards of respect, dignity, and workplace ethics. Many organizations extend their POSH policy to also address such grey areas.
A statutory duty under Section 16 of the POSH Act, which prohibits public disclosure of the complaint, identities of parties, or details of the enquiry. Upholding confidentiality is critical to protecting dignity, preventing retaliation, and preserving trust in the process.
A foundational principle in sexual harassment jurisprudence. Consent must be free, informed, voluntary, and capable of being withdrawn at any time. The absence of a clear "no" cannot be assumed as consent.
Occurs when responsibility for harassment is wrongly shifted onto the complainant, citing factors such as attire, behavior, friendliness, or presence in a certain place. This mindset contradicts the principles of the POSH Act and can cause secondary trauma. Internal Committee (IC) members must consciously avoid such assumptions and focus solely on the conduct of the respondent.
An organizational system, usually linked to whistleblower policies, that enables employees to report misconductâincluding sexual harassmentâoften anonymously. While distinct from the IC process, it can act as an early warning system and may prompt the IC to initiate preventive measures such as environmental audits, awareness drives, or targeted training.
Refers to retaliatory actions taken against a complainant or witness for raising or supporting a sexual harassment complaint. Victimisation may include denial of promotion, transfers to unfavorable roles, social exclusion, or subtle hostility. The POSH Act prohibits any form of victimisation and requires employers to safeguard complainants and witnesses.
When an employee proactively shares information about harassment, whether formally or informally, without being prompted by an official enquiry. ICs must treat such disclosures sensitively, guiding employees about formal reporting options without coercion.
A legal principle under which an employer may be held responsible for acts of harassment committed by its employees if it fails to provide a safe working environment, constitute an IC, or follow due process. Strong preventive and redressal frameworks help reduce this liability.
Accurate word-for-word documentation of statements made during an enquiry by complainants, respondents, or witnesses. Maintaining verbatim records is a best practice that enhances transparency, reduces disputes about what was said, and supports judicial scrutiny if required.
Enquiry proceedings conducted via digital platforms when in-person meetings are not feasible. While permissible, ICs must ensure confidentiality, informed consent of parties, and proper record-keeping to maintain procedural integrity.
Witnesses in POSH inquiries may fear backlash or pressure. Employers must assure confidentiality and protect them from victimization. Retaliation against witnesses is a serious breach and must be addressed through appropriate administrative or disciplinary action.
A workplace that ensures all employeesâregardless of gender, caste, ability, or sexual orientationâfeel valued, respected, and safe is considered inclusive. POSH implementation must be tied with broader inclusion efforts, reinforcing zero tolerance and promoting mutual dignity.
While not explicitly covered under POSH, xenophobic harassment targeting someone based on their regional, national, or linguistic identity may intersect with gender-based harassment. Such complaints, when coupled with sexist behavior, must be addressed with intersectional sensitivity.
As mandated by the POSH Act, every organization must submit an annual report by the Internal Committee to the District Officer. This report includes the number of complaints received, disposed, actions taken, and awareness activities conducted. Failure to submit may lead to penalties or reputational damage.
A zero tolerance policy emphasizes that any act of sexual harassmentâregardless of seniority, intent, or frequencyâwill be met with decisive action. It reflects the organization's commitment to upholding dignity and equality. However, implementation must balance seriousness with fairness and due process.
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