Posh Training Legal Requirements

Summary

POSH training is essential for creating awareness about preventing sexual harassment at the workplace. It is legally required under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Claims of sexual harassment must involve unwelcome conduct of a sexual nature. Abusive language not of a sexual nature may not qualify but could be addressed under other workplace policies. Long working hours causing stress do not qualify as sexual harassment. Comments on appearance and attire demands can be considered sexual harassment. Various forms include verbal, non-verbal, physical, visual, cyber harassment, and creating a hostile work environment. Complaints can be filed with the Internal Complaints Committee even without direct evidence by documenting incidents and collecting indirect evidence.

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Question * Miss Ritu works in a MNC. Her boss Mr. Raj often uses abusive names (Hindi non-sexual slangs) while reprimanding his subordinates, irrespective of their Gender. Miss Ritu took offence against such abusive language and files a complaint for sexual harassment? Whether such claim is sustainable  Yes No
In the scenario described, the claim for sexual harassment may not be sustainable because the abusive language used by Mr. Raj is not of a sexual nature and is directed at all subordinates, regardless of gender. However, this behavior might be considered workplace harassment or misconduct and could be addressed under other workplace policies.
Priya is a new hire in a company. There’s lot of work in the organization and her superior often requires her to stay in office and work late night to complete the tasks at hand. She finds this too stressful and disturbing and wants to make a complaint for sexual harassment. Does such a claim qualify as Sexual Harassment?  Yes No
No, such a claim does not qualify as sexual harassment. The situation described involves work pressure and stress due to long working hours, which does not fall under the criteria of sexual harassment. However, Priya might consider discussing her concerns regarding work conditions with the HR department or looking into other workplace policies for relief.
Question * Miss Priya works in Law firm, where a senior partner of the firm usually makes remarks at her appearance and dresses, specifically demanding her to wear certain attire that makes her more attractive. Aggrieved by the act, she files a complaint for sexual harassment? Whether this claim is sustainable under Sexual Harassment Act?  Yes No
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Yes, the claim is sustainable under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, *. The Act covers unwelcome conduct, including comments on appearance and demands regarding attire.
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different types of sexual harressment
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Sexual harassment can take various forms. Here are some common types:
- Verbal Harassment: Comments about appearance, gender-based jokes, or offensive remarks.
- Non-Verbal Harassment: Staring, leering, or making obscene gestures.
- Physical Harassment: Unwelcome touching, patting, or physical advances.
- Visual Harassment: Displaying inappropriate images, emails, or texts.
- Quid Pro Quo Harassment: Demanding sexual favors in return for job benefits.
Is there a specific type you need more information on?
other then this
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It seems you are seeking additional information on POSH training and types of sexual harassment. Here are a few more points:
- Cyber Harassment: Unwelcome online behavior such as sending unsolicited emails or messages.
- Hostile Work Environment: Creating an intimidating, hostile, or offensive work environment through conduct or behavior.
Is there anything else specific you'd like to know about POSH training?
few case studeis defining sexual harressment
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Here are a few case studies defining sexual harassment:
*. Verbal Harassment:
- Case: A female employee receives repeated comments about her appearance and is subjected to gender-based jokes by her male colleagues.
- Outcome: The complaint is considered sexual harassment under POSH Act due to unwelcome comments and offensive remarks.
*. Non-Verbal Harassment:
- Case: An employee experiences constant staring and leering from a coworker, making her uncomfortable.
- Outcome: The behavior is classified as sexual harassment due to non-verbal cues that create a hostile work environment.
*. Physical Harassment:
- Case: A male employee faces unwelcome patting and physical advances from his female supervisor.
- Outcome: The complaint is recognized as sexual harassment due to unwelcome physical contact.
*. Visual Harassment:
- Case: An employee is exposed to inappropriate images and texts displayed on a coworker’s computer.
- Outcome: The behavior is deemed sexual harassment as it creates an offensive work environment.
*. Quid Pro Quo Harassment:
- Case: A supervisor demands sexual favors from a junior employee in exchange for a promotion.
- Outcome: The complaint is categorized as sexual harassment under the quid pro quo provision of the POSH Act.
Would you like more examples or details on a specific type of case?
if there are no evidence then how to file complaint
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To file a complaint without evidence, you can:
- Document all incidents in detail, noting dates, times, locations, and any witnesses.
- Collect any indirect evidence, such as emails, messages, or changes in behavior.
- File a complaint with your company's Internal Complaints Committee (ICC) as per the POSH Act.
Would you like more detailed steps on how to proceed?
if dont have direct evidence
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If you don’t have direct evidence of sexual harassment, you can still take the following steps to file a complaint under the POSH Act:
- Document Details: Write down detailed accounts of each incident, including dates, times, locations, and any witnesses.
- Indirect Evidence: Collect any related emails, messages, or evidence of changes in workplace behavior.
- Report to ICC: File a formal complaint with your company’s Internal Complaints Committee (ICC).
Would you like more detailed steps on how to proceed?
thanku
Case Rating: *
You're welcome! If you have any more questions or need further assistance, feel free to ask.