Frequently Asked Questions
Pertaining to Sexual Harassment at Workplace
How long has the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 been in place?
Who gets covered through this Act
The Act is meant to provide coverage to women at workplace
How is Sexual Harassment defined?
In the Act sexual harassment is defined as including any one or more of the following unwelcome acts or behaviour namely:
- Physical contact and advances, or
- A demand or request for sexual favours, or
- MMaking sexually coloured remarks, or
- Showing pornography, or
- Any other unwelcome physical, verbal, non-verbal conduct of sexual nature
The Act further elaborates that if any of the following circumstances occurs or is present in relation to or connected with any or behavioural of sexual harassment among other circumstances, it may amount to sexual harassment:
- IImplied or explicit promise of preferential treatment in her employment, or
- Implied or explicit threat of detrimental treatment in her employment, or
- Implied or explicit threat about her present or future employment status, or
- Interference with her work or creating an intimidating or offensive or hostile work environment for her, or
- Humiliating treatment likely to affect her health or safety
How is the aggrieved woman defined in the Act?
According to the Act, an aggrieved woman means:
- In relation to a workplace, a woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.
- In relation to a dwelling place or house, a woman of any age who is employed in such a dwelling or house
What is included in the definition of workplace as per the Act?
As per the Act Workplace includes:
- Any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a cooperative society
- Any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, nongovernmental organization, unit or service provider carrying on commercial, professional, vocational, educational , entertainmental, industrial , health services or financial activities including production, supply, sale, distribution or service.
- Hospital or nursing homes
- Any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating to it
- Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey
- A dwelling or a house
Who is an employer?
According to the Act, in relation to any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organization, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority as the case may be, may by an order specify in this behalf. Further according to the Act, any workplace not covered under the above explanation, any person responsible for the management, supervision and control of the workplace is the employer, Management includes the person or board or committee responsible for formulation and administration of policies for such organization.
Thus, with regard to the above, the person discharging contractual obligations with respect to his or her employees is the employer.
What are the duties of an Employer?
Every employer shall-
- Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.
- Display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under subsection (I) of section 4;
- Organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and orientation programs for the members of the Internal Committee in the manner as may be prescribed;
- Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
- Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
- Make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9;
- Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being 45 of 1860. in force;
- Cause to initiate action, under the Indian Penal Code or any other law for the 45 of 1860. time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
- Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
- Monitor the timely submission of reports by the Internal Committee.
What is the Internal Committee?
As per the Act, every employer of a workplace shall constitute by an order in writing, a committee to be known as the Internal Committee. This Committee must mandatorily have an external member.
Where should the Internal Complaints Committee be located?
The Internal Complaint Committee should be located at all workplaces. Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee shall be located at all administrative units or offices.
Who are the members of the Internal Committee?
The Internal Committee shall consist of the following members to be nominated by the employer, namely:
- A Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees.
- Provided that in case a senior level woman employee is not available, the Presiding Officer shall be co-opted from other offices or administrative units of the workplace referred to in sub-section (l).
- In case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization.
- Not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
- One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:
- At least one-half of the total Members so nominated shall be women.
What is the penalty for noncompliance as per the Act?
Punishment with fine up to Rs. 50,000/- can be levied on the employer if statutory compliances as per the Act have not been done. If upon once been penalized the employer still fails to put the compliances in place then the penalty may be made twice as much.
There can be cancellation of license or withdrawal or no renewal or approval or cancellation of registration by the Government or the local Authority.
Diverse and Inclusive Hiring
What is the meaning of diversity, in the context of workplaces?
Diversity at the workplace reflects the broader community. It includes people with different ages, impairments, family responsibilities, races, cultures, religions, genders, sexualities etc.
People from diverse backgrounds bring different perspectives, work experiences, lifestyles and cultures, and the power of diversity is realised when these differences are valued and respected.
Aren’t diversity and inclusion the same thing? I’ve heard them interchangeably used.
One may use the terms “diversity” and “inclusion” interchangeably, depending on the context. However, they are actually different.
Diversity refers to a mix of our differences and similarities.
Inclusion involves creating an environment where an individual or a group feels welcomed, respected, supported and valued to fully participate. An inclusive and welcoming climate embraces the differences and offers respect in words and actions for all people.
An organisation can hire any number of diverse people. However, if those people don’t feel like they belong or that their points of view are not heard, then the exercise of diversity & inclusive hiring is in vain.
Why is diversity important to my organisation?
This topic has been subject to much research over a period of time. It has been proved beyond doubt that organisations which implement comprehensive diversity initiatives consistently experience increased profits due to:
- Superior Customer Service
- Increased Market Penetration
- Higher Employee Retention
- Better Collaboration and Decision Making
- Better Image in the Market
How Can We Create a Diverse Workplace?
As with any initiative to change an organisation’s work culture, this too must be driven from the top. Here are some tips for creating diversity in the workplace:
- Discuss diversity with your employees and highlight the benefits of having a diverse and inclusive workplace.
- Identify and address any unconscious bias in recruitment, retention, and promotion that may prevent a diverse set of people from joining or staying at your workplace.
- Value the individual skills that employees bring, such as language skills and international experience that may broaden your market and business connections.
- Ensure flexible work options are available to all staff, including but not limited to flexible works hours, comprehensive parental leave policies for men and women etc.
- Be aware of different cultural practices and special needs of employees, make workplace adjustments as appropriate.
- Take steps to prevent discrimination and harassment in your workplace.
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