Do you think the proper implementation of PoSH is directly linked to the level of inclusivity within an organisation?
Today, leaders have started to recognise how important attracting the right talent is and how diverse teams can impact business outcomes. Implementing PoSH is a great start to the diversity, equity, and inclusion of a company.
According to a study conducted by Deloitte in Australia in 2018, workplace sexual harassment imposed several costs – $2.6 billion in lost productivity (or $1,053 on the average per victim) and $0.9 billion in other costs (or $375 on the average per victim). At an average weekly wage of $1,244 across the Australian economy, each case of workplace sexual harassment resulted in approximately four working days of lost output. The study also revealed the significant losses that resulted from absenteeism – 28% of total costs were due to an employee’s failure to report for or remain at work as scheduled, due to the fear and discomfort caused by sexual harassment in the workplace.
When employees feel safe at work there is better retention, employees perform better and more importantly, their positive testimony is what further attracts good talent to the company.
How can HRs create a safe working environment?Â
- Begin by drafting the policy and setting up the IC
- Select IC members who are accessible
- Employees need to have some face time with IC – during all hands introduce IC by leadership. Keep 5 mins for this.
- Prepare your team and managers on how to respond with empathy when an employee reports or confides in them
What strategies should be adopted by leaders to build a safe workplace free from sexual harassment?
- Make it a common conversation to talk about values and zero tolerance for sexual harassment
- Join the annual PoSH awareness sessions. We have seen this go a long way. It sends a message to the employees that PoSH is taken very seriously
- Role model the respectful behavior and professional language you want employees to also follow
We are an all-male team. Are we still required to implement the PoSH Act?
According to the PoSH Act, all companies with more than 10 employees are expected to implement PoSH. Even if the company has only male employees, you are still required to implement PoSH. POSH Act is to protect not only women employees in the workplace but also all women in the workplace. This means an employer has the responsibility to protect all women who enter his/her workplace. This can be an employee, client, visitor, vendor, intern, trainee, or probationer. She has the right to a safe working environment. According to the law, the measures that ensure POSH Compliance must be implemented even if the organisation has no female employees.
There is an existing global policy on common types of harassment. Is it mandatory to have one specific to sexual harassment?
It is mandatory to have an India-specific policy in line with the Act. While the definition of sexual harassment is common, the redressal procedure, rights, range of corrective action, and compensation clause is different in each country.
The PoSH policy specifically for India educates employees about what kind of conduct constitutes sexual harassment, teaches them how to file a complaint under the legal provisions provided under the act, encourages employees to report any questionable behaviour that makes them feel uncomfortable, sensitises managers and higher-level staff on matters about sexual harassment, it also helps in the creation of the IC and makes employees aware of the procedure that the IC will adopt to handle cases of sexual harassment. It educates the IC member on how to process complaints and trains bystanders on how to intervene if they are witnesses to sexual harassment under the law. All of these elements come together to create a workplace that has zero tolerance for sexual harassment that is specified under the act.
The POSH Act only covers women but the company policy is gender-neutral. Is this a compliance violation?
A company can choose to write a gender-neutral company policy and protect all female, male and transgender employees from sexual harassment in the workplace. In the policy, the organisation can include a statement expressing no tolerance for the sexual harassment of employees of all gender identities. Empowering every employee to report matters of sexual harassment via the policy mandates.
Additionally, you can also include the same clause of zero tolerance for sexual harassment in your CoC policy.
Recognise the rights of all employees, discrimination towards people identifying with different gender identities is a violation of the fundamental rights of the employees. The fundamental right to equality, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and the right to life. These rights are guaranteed under Articles 14, 15, and 21 of the Constitution of India. Hence under these rights, an employee should be protected against any form of harassment and discrimination irrespective of gender.