As an HR, addressing issues faced by employees is part of your role. However, handling issues of sexual harassment can still be challenging. Let’s explore recommended ways to respond in your capacity as an HR, through two different situations.
Situation 1: The ‘minor’ incident
Imagine that your company’s annual offsite has just concluded. Mariam, an employee who’s joined the Marketing team approaches you one day, and shares an uncomfortable incident that happened to her during the off-site. One of her colleagues, Aman, had been drinking a lot. When Mariam was leaving, Aman announced, “Hey, you can’t leave, I haven’t even asked you out yet!”
The others laughed, and Mariam said that she smiled in response and left. But the incident left her feeling uncomfortable, and she’s been finding it hard to be around this colleague ever since.
Mariam ends by saying that she doesn’t want to report it, she just wanted to let you, the HR know. Just so incidents like this can be avoided in the future.
How can you respond to Mariam?
Encourage formal reporting
You can begin by reassuring Mariam that she did the right thing by talking to you about the issue. It’s also beneficial to let her know this is a case of sexual harassment at the workplace. Being clear about the nature of the incident helps to take the stigma out of sexual harassment. This is also a good opportunity to talk to Mariam about the company’s PoSH process and take her through the PoSH Policy.
It’s possible Mariam isn’t aware that due to the confidentiality clause in the PoSH Policy, you cannot address the respondent in this case – not even informally. You could explain to her that one way to avoid incidents like this from recurring in the future is to report them formally – even if it is a minor incident.
Encourage Mariam to approach the IC. This means meeting a committee member she’s comfortable with, then sending them a written complaint about the incident and its impact on her. The committee will also have the right knowledge to reassure Mariam of any concerns she might have about formal reporting.
Situation 2: To PoSH or not to PoSH?
Adhila, a software engineer approaches you with a complaint against her reporting manager, Hemanth. She says Hemanth constantly interrupts her at team meetings, rejects any proposal or idea she comes up with, and routinely undermines her expertise in front of her juniors on the team. He’s also asked her to work late on several occasions, which she is uncomfortable with.
You are aware of Hemanth’s behaviour, as other employees on the team have brought it up earlier. There have been no written complaints, so you’ve had no grounds to address this issue officially. However, this is the first time a woman employee is bringing it up. Adhila’s discomfort at being asked to stay back is also new to you. Your first instinct is that this is a case of gender discrimination and not sexual harassment, but you are not completely sure.
How can you respond to Adhila?
Defer to the IC
Sometimes, it can be tricky to figure out if an incident falls under your company’s PoSH Policy, or if it is a disciplinary issue. If it’s hard to decide, consult the IC. They are trained and often experienced in understanding the nuances of workplace sexual harassment. They are also aware of what questions to ask the Complainant to understand any underlying factors, which are helpful in assessing the exact nature of the complaint.
You can suggest to Adhila that the IC can help you both understand if what she’s been experiencing count as sexual harassment or not. One way to offer your assistance is to set up a call with the presiding officer and Adhila to explain the issue. It’s best to reassure Adhila of your complete confidentiality, and add that confidentiality is a legal requirement under the PoSH law.
In case the Presiding Officer identifies that the incidents are of employee harassment, you can help Adhila understand the next steps under your company’s Code of Conduct.
However, if Adhila specifies to you in the beginning that she considers the incidents as a form of sexual harassment, you can simply forward the complaint to the IC. This is because the law specifies that if a complainant identifies certain behaviour as sexual harassment, it must be addressed by the IC.
Conclusion
As an HR, consider it a sign of a job well done if you are approached with a PoSH complaint! This signals tremendous employee trust, as workplace sexual harassment is among the lowest reported offenses across the country. Each The HR team and the IC both perform key functions in a company. By mutually supporting each other, you can ensure that each reported complaint of sexual harassment becomes an opportunity to strengthen gender safety and foster a culture of trust and accountability.