Tips to create trans-inclusive workplace - Posh Lawyer in Delhi

More than 27000 transgender people participated in a poll in 2015, and the results showed that at least 77% of them actively avoided workplace discrimination. This includes keeping their gender identities a secret, declining to request the use of their preferred pronouns by their employers and coworkers, and postponing gender transition.

Transgender individuals might not be fully present at work. Because they are more likely than cisgender employees to have an uneven working environment, they could feel uneasy or alienated.

Companies should begin implementing nondiscriminatory rules and procedures that are gender-specific. This entails: regardless of their gender identities, defending and advancing the rights of every employee Increasing employee awareness of and acceptance of their transgender coworkers.

To some extent, everyone needs to feel like they belong. It's common for us to evaluate our relationships subconsciously. We experience poor levels of self-esteem and unfavourable sentiment when our social value declines. A social affirmation or appraisal, on the other hand, has the opposite effect. We feel included and valued when we receive praise, gratitude, and approval.

Likewise, transgender employees are accepted and valued in the workplace because to inclusive policies including using proper names and pronouns, having access to toilets that are gender-neutral, and having gender-neutral dress rules.

By creating advantages that are trans-specific and trans-friendly, businesses need to behave as supporters. For instance, helping with mental health services is a fantastic approach to support your transgender staff.

This may also apply to company regulations governing personnel who identify as gender non-conforming. Transgender workers will experience more inclusion at work by doing away with gender-specific jargon and upholding antibias standards.

It's also crucial to increase public awareness about gender identification. Many people lack the fortitude and expertise to question preconceptions and societal standards. Encourage your staff members to step outside their comfort zones and have unpleasant talks with management, especially the leaders. Cisgender employees who speak out against gender-based discrimination and ineffective rules at work provide a positive message of inclusiveness to their transgender coworkers.

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PoSH in Higher Education Institutions in India - Posh Lawyer in Delhi

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation.

A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022.

It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role in this while also including formal and informal workspaces and that the law is not confined to the corporate environment in the formal sphere.

A federal law that forbids sexual harassment of female employees and students in higher education institutions is the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015.

In an effort to make changes, the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 requires all universities, colleges, and deemed universities to adhere to a set of rules to ensure that the campuses are free from sexual harassment.

In order to prevent gender bias, the term "students" assures that the legislation covers every person registered in a specific higher education institution, regardless of their gender.

An internal complaints committee must be established at every higher education institution in order to address sexual harassment claims. It must be dubbed the ICC and adhere to UGC-mandated rules if a body already exists with this goal.

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EMPLOYER CHECKLIST TO COMPLIANCE - POSHADVO - POSH LAWYER IN DELHI

EMPLOYER CHECKLIST TO COMPALINCE ON POSH ACT 2013.

 

Mandate

Formation of Internal Complaints Committee ( available in Chapter III and X of the Act)

A policy with clearly defined Scope, applicability, Definitions of important elements under the purview, Committee Member details, Process of handling complaints, Disciplinary procedures etc

Organise workshops and awareness programmes at regular intervals for the entire organisation (100% coverage of all employees) to sensitize employees on provisions of the Act. and the companies policy on this matter.

Take immediate action on the recommendations made by the Internal Complaints Committee (Section 12, 13 and 14) if the alleged harasser is found guilty or in case of malicious complaint.

Maintain strict confidentiality while dealing with complaints on Sexual Harassment (Section 16, 17 and Rule 12)

Timely submission of Annual Reports by the Internal Complaints Committee as required by the act.

Incorporate necessary and relevant changes as and when there are changes made in the provisions of the Act related to “Prevention and Prohibition of Sexual Harassment of Women at Workplace”

Initiate action if the aggrieved woman desires, against the alleged perpetrator even if he or she is not the employee of the workplace where the sexual harassment has taken place

Ensure there is penalty for publication or making known contents of complaint and enquiry proceedings.

Declare openly your stand and commitment to create a safe working environment.

Display at conspicuous place in the workplace, the penal consequences of sexual harassment and committee member details.

Conduct a separate session for managers and leadership level employees on the consequences of sexual harassment and their obligation to maintain zero tolerance.

Ensure the workplace is well lit and work space is comfortable for people to move around.

Include the clause related to Sexual harassment at workplace in the offer letters.

The sexual harassment prevention policy should be included in the employee handbook and should be emailed to every employee.

Train your employees on preventive measures and to report sexual harassment.

Treat Sexual Harassment as a misconduct under the service rules and initiate actions for such misconduct

Ensure internal complaints committee is well trained to handle cases effectively.

Provide necessary facilities to the Internal Complaints Committee for dealing with the complaints and conducting the enquiry

Provide conference rooms for meetings, hearings and deliberations.

Allow time off from regular work responsibilities, timely arrangements for travel for meetings etc for the Internal Complaints Committee members while handling the complaints related to Sexual Harassment at workplace.

Provide medical practitioners and counsellors as required or recommended by the Internal Complaints Committee etc.

As obligation of confidentiality about the case, employer must also ensure strict adherence to IT Act and Rules since most of the companies store data in electronic form.

Provide assistance to woman if she chooses to register a complaint with the police.

Perform audits to ensure that Internal Complaints Committee is performing its duties and employees are aware of their responsibilities towards creating a safe working environment.

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NON EMPLOYEE COMPLAINT - POSHADVO - POSH LAWYER IN DELHI

DO YOU HAVE A SEXUAL HARASSMENT COMPLAINT FROM NON-EMPLOYEES  ?

What happens when a Non-employee (female) complains about our employee (male) on Sexual Harassment at workplace? 

To offer an example, on a visit to a non-profit organisation as part of the company's CSR programme, one of the senior executives sexually assaulted a woman from the organisation. He kept inviting her out for drinks and forcing her to visit him in case she needed a company to provide her with more connections and to send more money to her NGO. The Leader had been harassing the women physically.

She complained of Quid-pro-Quo sexual harassment against the leader with the IC of the Multinational Company.  

In the situation at hand, the claimant is not yet bound by any binding obligation and is a CSR partner NGO, while the accused harasser is a employee. The IC picked up the matter and conducted an investigation, concluding that the employee was guilty of the misconduct. He was fired from his role at the firm.

Why did the company IC take up the Inquiry even though the aggrieved woman was not an employee? The POSH Act. under section 2 (a) point 1, defines “Aggrieved woman” as –  

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. 

The key word here is “whether employed or not”. Hence the definition covers not only women employees at the workplace but also for those who enter / interact with the organization as clients, customers, students, prospective candidates for interviews, daily wage workers or in any ad hoc capacity. Hence it is not always necessary for a woman to be under a contract of employment with the workplace to complain of sexual harassment at workplace.  

However, the alleged harasser has to be an employee of the company for the IC to take up the complaint and investigate the matter . 

The aggrieved woman (who is not an employee) would be expected to attend all investigation hearings. She is entitled to all records related to her complaint, including the other party's and witnesses' claims, documentation, and evidence.

She also has the right to cross-examine all of the people involved, including the accused harasser and his witnesses. She will also receive a copy of the IC's final inquiry report, which will include full details of the investigation, as well as conclusions and recommendations.

Employers and individuals in this situation must follow Section 16 of the Act and keep information private. 

However, since the woman who has been wronged is not an employee, she will not be entitled to temporary relief. Second, if the IC should show that the report was misleading or filed with malice, the IC is unable to suggest corrective action.

Please be aware that sexual assault by your employee against an aggrieved woman who is a non-employee that occurred during the course of work falls under the authority of the Internal Committee, and any reasonable efforts should be made to investigate the matter and bring restitution to the victim.

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POSH CHECKLIST - POSHADVO - POSH LAWYER IN DELHI

The Internal Complaints Committee - Checklist for Efficient Working

Section 4 of the Prevention and Prohibition of Sexual Harassment of Women at workplace Act provides for the constitution of an ICC or the Internal Complaints Committee. Any organisation that has 10 or more employees need to constitute a Committee to address the complaints related to Sexual harassment. Integrity and impartiality of the ICC is ensured by presence of an external person as a member of the ICC. The ICC shall have minimum 4 members out of which the head of the committee shall be a woman. 50% of the members nominated for ICC must be women. In an organization, only an ICC has the power to investigate complaints of sexual harassment. They have been vested with the power of a civil court. They need to complete certain activities that are mandatory as per compliance. 

We Bring to you a comprehensive checklist to assist to comply with the requirements. 

• Receive complaints in the form and manner prescribed.
• Render assistance to the complainant if he/she is unable to make the compliant in writing. 
• Any aggrieved person needs to file a complaint of sexual harassment within 3 months of the last incident. However, the period in which one can file the complaint can be extended by you for a further period of three months. Record in writing the reasons for granting such extensions.
• Upon receipt of the complaint, inform the complainant of his/her rights under the Act and Rules, without influencing her decision in any manner with respect to the complaint. 
• Before initiating an inquiry into a compliant you may offer conciliation between the parties. If the complainant decides and requests conciliation you can settle the matter through conciliation. Please remember, in case of conciliation, that there can be no monetary settlement.
• When a settlement is arrived through conciliation, record the terms of settlement and provide the copy of the same to the employer, the complainant and the respondent.
• In case the complainant has not requested for conciliation –or- when the requested conciliation fails, you should proceed with a proper investigation into the complaint.
• You must ensure to record in writing all proceedings of the investigation. 
• While conducting the investigation, you are vested with the powers equivalent to a civil court with respect to i) summoning and enforcing the attendance of any person and examining him/her on oath, ii) discovery and production of documents and iii) any other matter which may be prescribed. 
• You must complete the inquiry within the stipulated 90 days from the receipt of the complaint.
• During the pendency of the inquiry, upon the request made by the complainant, you may recommend to the employer certain interim measures aimed at ensuring that the complainant does not have to face any inconvenience, hostility and reprisals at workplace in connection with the complaint. Such interim measures may include transfer, leave etc. as set out in section 12 of the act. 
• You should provide a report of the findings within the stipulated time of 10 days from the completion of the investigation. The report needs to be sent to the employer and the relevant concerned parties. 
• On conclusion that the allegation against the respondent is not proved, recommend to the employer that no action be taken against the respondent. 
• On conclusion that the allegations against the respondent have been proved then recommend to the employer to act against the respondent pursuant to sections 13 and 15 of the Act.
• On conclusion that the complaint was a malicious complaint, then recommend to the employer to act against the complainant as per section 9 of the act. 
• On conclusion that any witness has given false evidence, then recommend to the employer to act against such witness. 
• Keep confidential all information and records including identity of complainant and respondent, details of the complaint, investigation by the ICC and actions taken by the employer during and after the conclusion of the investigation.
• At the end of the year (December) prepare and submit to the district commissioner and to the management an “Annual Report” which should include the details of the compliant and its findings along with all the other details as prescribed in rule 14 of the Act

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