Prevention of Sexual Harassment

(POSH)
Introduction

Welcome to the module on Understanding Sexual Harassment at Workplace. In this module you will learn
what sexual harassment is, with special emphasis on harassment at workplace.

Understand | Prevent |
Course Goal
Respond
At the end of the course you will understand

 What sexual harassment at workplace is?

 Types of sexual harassment?

 What you can and should do?

WIIFM?

You will learn about the types of sexual harassment, consequences of harassment, how to file a complaint
and Kuliza’s Prevention of Sexual Harassment policy on zero tolerance to sexual harassment at workplace.

Target audience:
The target audience for this course includes all the Kulizans.

Course duration:
The course will take approximately 30 minutes.
WIIFM?

Sexual Harassment is not…

• A “women’s thing”
• A passing fad
• Something to joke about
• Something to be ignored
• A cause for paranoia and fear

It’s a legal requirement to prevent, prohibit and address this issue at “Workplace”
 What is Sexual Harassment

 Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of
rewards in exchange for sexual favors. In most modern legal contexts, sexual harassment is illegal. Sexual
harassment is gross violation of one’s right to equality and dignity.

 Anyone from either gender can be a victim of sexual harassment, and anybody from either gender can be a
perpetrator.

 The term ‘harassment’ also includes conduct of associates, managers, vendors and/or customers who
engage in verbally or physically harassing behavior, which has the potential for humiliating or embarrassing
an associate of the Company.
 What is Sexual Harassment

 Sexual Harassment includes any one or more of the following unwelcome acts or behavior (whether directly or
by implication) namely :

• physical contact and advances; or

• a demand or request for sexual favour; or
• sexually colored remarks; or
• Showing/forwarding pornography; or
• Other offensive or derogatory pictures, cartoons; or
• any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
• Voyeurism
• Stalking
 What is Workplace

A workplace is any place where a working relationship exists. This relationship can take many forms such as
colleagues/peers, superior-subordinate, employee- employer, vendor-customer, mentor-mentee, reporting manager
– reportee, team lead – team member etc.

Any place visited by the employee arising out of or during employment including transportation provided by the
employer which includes but not limited to the following:

• Office parties
• Off sites
• Out bound trainings
• Client meetings
• Training sessions
• Travel for office purpose
• Any place where one visits in the course of due to employment

Kuliza strives towards creating a safe and harassment free workplace for all Kulizans to work in.
 What is Meant by ‘Unwelcome’

 Any conduct or behaviour is unwelcome if the recipient does not consent to it and regards it as offensive. The
recipient or victim not complaining, does not necessarily mean or imply that the conduct is welcome.

 Comments and/or advances are blatant and crude and are inherently offensive: these will almost always be
deemed as unwelcome.

 In the cases of ceased consensual relationships, if either of the parties object to the behavior that was earlier
welcome, the other is required to immediately stop such behavior. In the event of continuance of such
behavior despite objecting, it would be deemed as sexual harassment
 Types of Sexual Harassment

Sexual Harassment at work place can be categorized into two groups: 1) Quid Pro Quo 2) Hostile Environment.
Quid Pro Quo Sexual Harassment: Quid pro quo means something in return or an exchange of one thing for
another.

Examples of Quid Pro Quo Sexual Harassment:

 A manager informs an associate that he/she would lose their job if he/she does not give into his/her sexual
advances.

 A manager informs an Associate that he/she would get a better rating in the appraisal or a promotion if he/she
gives into his/her sexual advances.

 A manager promises an Associate a desired project or a role in exchange of sexual favors.

 Types of Sexual Harassment

Hostile Environment Sexual Harassment occurs when either speech or conduct of a sexual nature takes place
and is seen or perceived as offensive and interferes with the work performance of the recipient, or any one or
more associates. Hostile environment sexual harassment may also include intimidating or harassing conduct that
is directed at an individual, or a group of individuals.

Examples of Conduct that creates a Hostile Environment

 Sexual innuendos, using endearments, crude or offensive language

 Unsolicited or unwanted touching or commenting on someone's physical appearance

 Talking about /spreading rumors about someone’s sexual orientation or personal life

 Showing sexually suggestive pictures, notes, magazines or cartoons

 Staring, cornering, blocking the pathway, or stalking

 Persistent requests to meet outside of workplace

 What Steps Can Employees Take to Avoid Sexual Harassment?

Dealing with the harasser upfront

o Do not pretend it did not happen
o Immediately inform the alleged harasser that the behavior is unwelcome
o Demand that the harassment be stopped
o Reinforce your statements with a firm tone and professional body language.

Other Steps
o Trust your own instincts about possible danger
o Discuss it with your HR Team immedietly
o Report sexual harassment to the Company’s Harassment Redressal Committee.
o Be professional at all times.
o Do not feel compelled to accept behavior that makes you uncomfortable, even if others are willing to
tolerate it.
o Be supportive of people who wish to talk about their being sexually harassed & direct them to the
appropriate persons/authorities.
 Kuliza’s Zero Tolerance towards SH

 The objective of the Prevention of Sexual Harassment policy at Kuliza is to bring in ‘zero tolerance’ on
discrimination and promote a work environment that encourages mutual respect, promotes respectful and
congenial relationships amongst Kulizans, and is free from all forms of harassment to any staff or applicant for
employment by anyone including vendors, or customers.

 All staff members of the Company, both management and non-management, are responsible for assuring that a
workplace free of any kind of harassment is maintained.

 Any associate may file a sexual harassment complaint regardingincidents experienced personally or
incidents observed in the workplace.

 The Company strives to maintain a lawful, pleasant work environment where all associates can effectively perform
their work without interference of any type and requests the assistance of all associates in this effort.

 All Company supervisors and managers are expected to adhere to the Company’s Prevention of Sexual
Harassment policy
 What to do if You Are Being or Have Been Sexually Harassed?

 Any Kulizan who feels that they have been or are being harassed, are encouraged to immediately inform the
alleged harasser, either verbally or in writing, that the behavior is unwelcome. Inform the HR team as first
step. It is advisable to do this step at the first instance before referring to the authorities concerned. In most
instances, the person is unaware that their conduct is offensive and when so advised can easily and willingly
correct the conduct so that it does not recur.

 If the verbal / written efforts with the alleged harasser are unsuccessful in remedying the problem, or if such
an approach is not possible, the staff member should immediately inform one of the members of the
Harassment Redressal Committee or send a mail to [email protected].

 The Company will promptly investigate any allegations of sexual harassment in as confidential a manner as
possible, and take appropriate corrective action, if warranted. You are strongly advised to keep all records in
sequence (events with date, time etc.) along with nature of the incident and description of those involved.
 Protection Against Retaliation

 Retaliation is a serious violation of the Prevention of Sexual Harassment policy and Kuliza forbids any form of
retaliation against anyone who has reported a suspected episode of harassment or has cooperated in any
investigation involving a reported episode of harassment.

 Any person found to have retaliated against an individual for reporting harassment will be subject to
appropriate disciplinary procedures. this too will be treated as a major misconduct and the Committee
will take appropriate action to prevent/rectify the retaliation.

 Anyone who experiences retaliation in the nature of intimidation, pressure to withdraw the case or threats for
reporting, testifying or otherwise participating in the proceedings should report to the Committee immediately.
 Consequences of Sexual Harassment

After a complaint is received, and once the investigation has been carried out, a determination will be made
regarding the validity of the harassment allegations. If it is determined that harassment has occurred; prompt,
remedial action will be taken.

This may include some or all of the following steps:

 Restore any lost terms, conditions or benefits of employment to the complaining associate.

 Discipline the harasser. This discipline can include written disciplinary warnings, transfer, demotion,
suspension, or termination
 Scenario 1

 Indira was introduced to Varun during a training program. During the training, Indira and Varun started talking
and to Indira’s delight she found that Varun was from the training division the department she was planning to
move to. Varun asked Indira to send him her resume after the training program. Indira sent her profile to Varun
and was excited to hear that he had an opening for her. Indira joined Varun’s team. Varun asked Indira out for
dinner a few times and she agreed willingly. Slowly the work load increased and once when Varun asked Indira
out to Dinner, she refused. At this Varun insisted that Indira go out for dinner with him as she ‘owed it to him’.
Indira then told Varun that from then on their relationship was to be strictly professional. Varun kept calling her
and sending her emails. Indira begged Varun to stop but he didn’t and she started taking time off from work to
avoid him.

 True or False: Indira is not a victim of sexual harassment because her relationship with Varun was
consensual.

 Answer : False. Accepting an outing once does not give Varun the right to expect Indira to go out
repeatedly with him. Since Indira is avoiding work, Varun's conduct is interfering unreasonably with her work
performance. Varun is guilty of sexually harassing Indira
 Scenario 2

Alexa forwarded GIFs of provocative nature to Joe. Joe requested Alexa not to send him such obscene pictures in
the future as he was not comfortable with the same. But Suzanna continued.

 Is this an example of hostile environment sexual harassment?

 Answer: Yes. Sharing photographs or pictures of what can be considered indecent or obscene, when the other
person has expressed their objection to the same, constitutes hostile environment sexual harassment.
THANK YOU