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Globalization and Diversity have radically changed the workforces and workplaces in India and worldwide. With this changing environment in workplaces, sexual harassment has become a major troubling problem in all workplaces nowadays.  

Despite the increased awareness and enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, (hereinafter referred to as “POSH”) numerous myths still surround this topic, often leading to misunderstandings and inadequate responses. In this article, we will debunk some of these myths and unveil the truth about workplace sexual harassment.

MYTH 1:  ONLY WOMEN ARE THE VICTIMS OF SEXUAL HARASSMENT

It is undoubtedly a fact of society that it is women who often suffer sexual harassment more than men, but harassment can happen to anyone, no matter their gender. Contrary to popular belief, a victim can be a man or a third-gender person. The fact that sexual abuse goes beyond gender, helps in creating a more inclusive and responsive workplace environment.

Let’s Dive in

Mr. Kamal was a charming and handsome guy. He was a dedicated employee and was performing meticulously. Moreover, he has a welcoming nature that helped him in getting a promotion quickly. Ms. Rekha a senior manager of the Company, was assigned the responsibility to train Mr. Kamal for an upcoming international project.

Rekha always found ample opportunities to reward Kamal in the form of compliments, even in the open scenes. " Kamal, you look really smart," she would smile, or "Oh, it is a lucky situation where we have the most charismatic man as a member of our team."

Rekha who is Kamal's superior, started calling the latter back to her cabin alone. The meetings were rarely about work. She would lean in too close, touch his arm, and make suggestive comments. "You know, Kamal, you and I would make a great team outside the office," she once whispered. The power dynamic made it hard for Kamal to push back, not knowing how to react or whom to talk to.

For several weeks, Kamal was being victimized, and his work began to suffer. The colleagues of Kamal couldn't be sure of the reasons for this change but weren't able to get an idea of what Kamal was going through. Not long ago, Rekha asked Kamal to go on a business trip to the U.S.A. with her and even booked only one room in the hotel. To escape the harassment, Kamal had to book another room by himself, and the very next morning, he gathered his courage and approached HR, and also mailed his experiences to the Internal Committee.

As the investigation unfolded, other employees came forward with similar stories about Rekha's inappropriate behaviour. The evidence was overwhelming. On the recommendations of the Internal Committee, Rekha was terminated from the company, and Kamal received an apology from the management.

Kamal’s story is a reminder that sexual harassment can happen to anyone, regardless of gender, and that courage and support can make a difference in overcoming such challenges.

MYTH 2:  ADDRESSING SEXUAL HARASSMENT IS BAD FOR BUSINESS

The truth is that the slightest oversight can have serious repercussions in terms of monetary and/or reputational damage.  A suitable work environment increases the level of mental or physical health as well as the productivity and self-esteem of workers (employees/staff/workers). Fighting for harassment without giving up, shows care for employee health and at the same time proves that the company has a high level of ethics.

Let’s Dive in

In a bustling office of Imaginary Corporations, productivity was all-time low. Since the time of inaction about awkward behavior, and rumors of misconduct by the employees of Imaginary Corporations, the Company has faced problems in retaining employees, delivering quality services, and meeting the expectations of the clients and its workers.  The course of everything was altered when Monica, a bright software developer, decided to talk about her manager’s unwanted advances.

The Chief Executive Officer Mr. Jhumroo took a decision that now it is the time to act. He introduced a zero-tolerance policy on harassment, conducted organization-wide training, and introduced the confidential reporting system. The harasser was immediately discharged, and Maya was finally able to find the inner peace and security she desired.

Within the first few months, Imaginary Corporations became like a completely different place than it used to be. It was deeply appreciated by the employees, and it directly contributed to the remarkable increase in performance. What began as a necessary response to a serious issue turned into a catalyst for positive change.

Realizing that dealing with the issue of sexual harassment was not only the morally correct thing to do but something that lifted the company Mr. Jhumroo knew this was his door to success. Imaginary Corporations renewed culture of respect and safety became its strongest asset, proving that doing the right thing is good for business.

MYTH 3:  IF IT HAS NOT BEEN DONE INTENTIONALLY, THEN IT DOES NOT CONSTITUTE SEXUAL HARASSMENT

The truth is, Under POSH, the focus would be on the impact that matters and not the intent. Sexual harassment is defined by its effect on the victim, not solely by the intent of the person committing the behavior. Even if the perpetrator did not intend to harass, if their actions create a hostile or offensive environment for the recipient, it can still be considered sexual harassment. Therefore, it's essential to consider the impact of the behavior, not just the intent, when evaluating whether an action constitutes sexual harassment.

Let’s Dive in

An employee named Mr. Manik shares explicit jokes and content in a group chat with colleagues. Some colleagues find this content offensive and uncomfortable.

When colleagues found the content of Mr. Manik offensive and uncomfortable, Mr. Manik argued that he didn’t intend to cause discomfort and believed that their colleagues would find the content humorous. Mr. Manik immediately stopped sending such explicit jokes and content and apologized.

Under POSH, the focus is on the impact of the content on the colleagues’ feelings, and the intent of the employee may not be a valid defense if it causes harm.

The incident prompted a discussion in the office about the importance of respectful communication, leading to a more positive and inclusive work environment for everyone.

MYTH 4:  COMPLAINTS OF SEXUAL HARASSMENT ARE USUALLY FALSE OR EXAGGERATED

The notion that most complaints are false is a damaging myth. An increase in the number of complaints and people prioritizing their mental health and well-being nowadays shows that false allegations are rare, and the majority of harassment cases are genuine. This myth often deters victims from coming forward, fearing they will not be believed or will face retaliation.

Let’s Dive in

In a small town in Madhya Pradesh, a female employee named Supriya endured a boss who constantly harassed her. Mr. Mohan, who was Supriya's senior made lewd comments, touched her inappropriately, and even threatened to fire her if she didn't comply with his advances. Terrified Supriya gathered the courage to report Mohan’s behavior to the Internal Committee. She wrote her experience on a paper and took a step back, fearing that she would not be believed.

Supriya however shared her experience with one of her co-workers, and her co-worker advised her to approach the Internal Committee with a written complaint. The Committee took Supriya's complaint seriously and launched an investigation. To the shock of Supriya, she discovered that several other female employees had similar experiences with Mr. Mohan but were too afraid to come forward.

The case of Supriya and other female employees who were the victims of sexual harassment debunked the myth that complaints of sexual harassment are usually false or exaggerated, showing that with proper investigation and action, real change can be achieved.

MYTH 5:  IF YOU IGNORE SEXUAL HARASSMENT IN THE WORKPLACE, IT WILL GO AWAY.

The fact is Ignoring sexual harassment in the workplace will not make it go away; on the contrary, it can even aggravate it. Harassment that is overlooked can very easily lead to a toxic workplace, which, in turn, can result in a decline in work performance, enhanced turnover rate, and probably legal issues for the company too. Additionally, it may tell employees that the owners’ attention is not on their welfare hence may make their employees’ morale go down and trust disappear in the company. Adoption of clear anti-sexual harassment policies, conducting training, and providing support in reporting are of paramount importance to prevent such an unethical act at workplaces.

Let’s Dive in

A female employee Sara was working in an IT Consultancy Company in Delhi. She was facing lewd and conscious physical harassment from her supervisor Manoj. Sara, not understanding what Manoj was up to, acted like that just didn't happen by putting it away, thinking that Manoj would not do it to her anymore.

Nevertheless, in the days the bullying and abuse grew only more. As the comments of Manoj became more explicit, he started taking the responsibility to undermine Sara in front of both her colleagues.

One day, Sara's colleague noticed her distress and encouraged her to speak up about the harassment. With support from her colleague, she collected evidence and reported it to the Internal Committee.

The story of Sara and Manoj symbolizes a suggestion that turning deaf ears to sexual harassment in an office does not make it go away. Organizations need to take complaints seriously and address them promptly to create a safe and respectful work environment for all employees.

DISCLAIMER

The information provided in this article is intended for general informational and educational purposes only and does not constitute legal advice or a legal opinion. While every effort has been made to ensure the accuracy and reliability of the content, readers are advised to seek specific professional or legal advice before acting on any information contained herein.

The views expressed are based on the interpretation of applicable laws, including the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and may be subject to change based on amendments, judicial pronouncements, or regulatory updates.

The scenarios and case illustrations used in this article are purely fictional and created for awareness purposes only. Any resemblance to actual persons, living or dead, organisations, or events is purely coincidental.

POSH in Action and Corporate Accretion Consultants Private Limited shall not be held liable for any loss or damage arising from reliance on the information provided in this article.

For tailored POSH compliance solutions or advisory, readers are encouraged to connect with our team for professional assistance.

ABOUT POSH IN ACTION

POSH in Action is an initiative of Corporate Accretion Consultants Private Limited, to help Organizations in achieving increased employee satisfaction and higher productivity at the workplace by creating a safer, inclusive, happier environment, so that the organization can ensure a stress and harassment-free environment, without wasting time and money on complex problems.

Everyone has the right to be safe and free from sexual harassment while at work. Likewise, everyone has a role to play in preventing workplace sexual harassment. We believe that a more holistic approach is necessary, one that looks beyond policies, training, and complaint handling procedures.