Radhika, a 29-year-old customer service representative at a renowned retail chain, had always taken pride in her job. Known for her professionalism and courteous demeanour, she built a strong rapport with her clients. One day, Radhika was in a routine meeting with a vendor’s representative, Aryan. During this meeting, she was subjected to inappropriate comments about her appearance. Initially dismissing the remarks as casual banter, Radhika soon found the situation escalating. Aryan’s behaviour became increasingly invasive, ranging from suggestive text messages to unwelcome physical advances during meetings.
Despite Radhika’s repeated attempts to maintain professional boundaries, Aryan ignored her discomfort. What made it worse was the lack of direct accountability, Aryan was not an employee of the company but an external contractor.
Unnerved and anxious, Radhika confided in her manager. However, her manager dismissed her concerns, saying, “He’s not our employee. There’s not much we can do about his behaviour.” Disheartened, Radhika felt cornered, with no immediate solution in sight.
Determined to stop the harassment, Radhika decided to speak up regardless. She took her complaint to the organisation’s Internal Committee (IC). She insisted that the organisation has a responsibility to protect her from harassment, regardless of the perpetrator’s employment status.
Recognising its legal mandate, the IC at Radhika’s organisation decided to proceed with an inquiry, ensuring a fair investigation and appropriate action in accordance with the law. According to the PoSH law, the IC is empowered to investigate complaints involving third parties and recommend appropriate actions to the employer.
Under the PoSH Act, sexual harassment by a third party, such as contractors, vendors, or clients, is explicitly recognised. Section 19 mandates that employers ensure a safe working environment, including safeguarding employees from individuals associated with the workplace but not directly employed by the organisation.
A similar case took place in ICICI Bank v. Vinod Kumar, in which the court held that employers cannot absolve themselves of liability for sexual harassment by claiming that the perpetrator was not an employee of the organisation but a third party or a contractor.
How can your organisation tackle third-party harassment?
Addressing third-party harassment in the workplace requires a proactive approach to ensure a safe and respectful environment for all employees. Here is how your organisation can tackle the same:
- Policy inclusion: Expand the workplace harassment policy to explicitly address third-party harassment, including clients, vendors, contractors, and visitors.
- Training to address third party incidents: Conduct regular training for employees on third-party harassment, the consequences of harassment, and the reporting process.
- Strict action policy: Investigate all complaints thoroughly and take appropriate action against the third party, including restricting their access to the workplace if necessary.
Radhika set an example of courage, showing that speaking up against harassment – even from external individuals – could bring about meaningful change. Her story underscores the importance of treating third-party harassment with the same seriousness as internal cases. It reminds us that workplace safety extends beyond organisational boundaries, reinforcing that no one should feel unsafe at work.