The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 recognises only women employees as Complainants. This means that under a company’s Prevention of Sexual Harassment (PoSH) policy, only women can file a complaint.
However, many companies choose to implement a gender-neutral PoSH policy. If your company has a gender-neutral PoSH policy, then men, nonbinary, and transgender employees can also file a PoSH complaint. The Internal Complaints Committee (ICC) will investigate the complaint using the process outlined in the PoSH law as a guide.
If the ICC does not abide by the process, only women employees can file an appeal in court under the PoSH law.
Connect with us to find out more about drafting a gender-neutral policy HERE.