Myths vs. Facts about Sexual Harassment at Workplace: Understanding POSH Better

Table of Contents

• Sexual harassment in the workplace remains a significant concern across industries
• What is the POSH Act?
• Common Myths vs. Facts about Workplace Sexual Harassment
• Challenges in Implementing POSH Compliance in Small Businesses
• Solutions for SMEs to Ensure POSH Compliance
• Case Studies:
  • Case Study 1: Uber (2017) – A Corporate Overhaul Following Harassment Allegations
  • Case Study 2: Infosys (India) – Setting a Gold Standard for POSH Compliance
• FAQs
• Conclusion

Sexual harassment in the workplace remains a significant concern across industries

Sexual harassment in the workplace remains a significant concern across industries. Despite legal protections like the Prevention of Sexual Harassment (POSH) Act, 2013, many myths and misconceptions persist, preventing effective implementation and enforcement. This article debunks common myths surrounding sexual harassment at work, replacing them with factual insights to ensure a well-informed and safe work environment.

What is the POSH Act?

The Prevention of Sexual Harassment (POSH) Act, 2013, was enacted in India to provide a legal framework for preventing and addressing sexual harassment at workplaces. It mandates that organizations create awareness, establish an Internal Complaints Committee (ICC), and take strict actions against violations.

Common Myths vs. Facts about Workplace Sexual Harassment

Myth 1: Only Women Experience Workplace Sexual Harassment Fact: While women are disproportionately affected, sexual harassment can happen to anyone, regardless of gender. Men, LGBTQ+ individuals, and non-binary people can also be victims. Though the POSH (Prevention of Sexual Harassment) Act primarily protects women, many organizations have policies that safeguard all employees. Harassment should be recognized as a workplace issue rather than a gender-specific problem.

Myth 2: Complaints of Sexual Harassment Are Often False Fact: False complaints are extremely rare. Studies indicate that the vast majority of sexual harassment allegations are legitimate. The misconception that many complaints are false creates a stigma, discouraging victims from coming forward. In reality, fear of retaliation and societal pressure often lead to underreporting rather than false reporting.

Myth 3: Sexual Harassment Only Includes Physical Acts Fact: Sexual harassment is not just about physical contact. It can take many forms, including verbal, non-verbal, and digital misconduct. Examples include:

• Inappropriate jokes or comments
• Unwelcome sexual advances
• Sending sexually suggestive messages or images
• Staring, leering, or making suggestive gestures
• Displaying explicit content in the workplace, even seemingly minor acts can contribute to a hostile work environment.

Myth 4: A Casual Comment or Joke Cannot Be Harassment Fact: Any unwelcome comment, joke, or remark that is sexually suggestive or makes someone uncomfortable can be classified as harassment. The key factor is not the intent behind the comment but whether it is unwanted and contributes to a toxic work atmosphere.

Myth 5: If there’s No Formal Complaint, There’s No Problem Fact: Many victims do not report harassment due to fear of retaliation, embarrassment, or lack of trust in the system. This does not mean the problem does not exist. Organizations must proactively create a safe environment where employees feel comfortable reporting issues without fear of negative consequences.

Myth 6: Sexual Harassment Laws Are Only for Large Corporations Fact: The POSH Act applies to all workplaces, including small businesses, start-ups, NGOs, government offices, and even informal work settings. Employers, regardless of the size of their business, are legally required to implement anti-harassment policies and set up an Internal Complaints Committee (ICC) if they have more than ten employees.

Myth 7: If the Harasser Didn’t Mean to Offend, It’s Not Harassment Fact: Harassment is determined by how the behaviour impacts the victim, not the intent of the perpetrator. Even if a comment or act was intended as a joke, it can still be harassment if it makes the recipient feel uncomfortable, intimidated, or unsafe.

Myth 8: Reporting Harassment Will Harm the Victim’s Career Fact: The POSH Act protects complainants from retaliation, ensuring that victims do not suffer workplace consequences for reporting harassment. Employers are legally obligated to take complaints seriously and prevent any form of workplace retaliation, including demotions, dismissals, or negative performance reviews.

Myth 9: A Senior Employee Cannot Be Accused of Harassment Fact: The POSH Act applies equally to all employees, regardless of position or seniority. Anyone, including top management, business owners, and executives, can be held accountable under the law. Power dynamics should not prevent victims from speaking up.

Myth 10: Workplace Romance Is Automatically Harassment Fact: Consensual workplace relationships are not considered harassment. However, if one party feels coerced due to a power imbalance or if unwelcome advances continue after a rejection, it can constitute harassment. Employers must ensure that employees understand the difference between mutual relationships and inappropriate workplace conduct.

Myth 11: Sexual Harassment Only Happens in Certain Industries Fact: Sexual harassment can occur in any workplace, regardless of the industry or work environment. While some sectors may have higher reported cases, harassment is not limited to any one field. Awareness and policies should be implemented across all professions.

Myth 12: Only Direct Victims Can File Complaints Fact: Witnesses or third parties who observe harassment can also report incidents. Harassment affects the overall workplace culture, and bystanders should feel empowered to speak up to create a safer environment for everyone.

Myth 13: Dress Code Determines Harassment Fact: Harassment is never justified by a person’s clothing. Victim-blaming attitudes, such as suggesting that someone invited harassment based on their attire, contribute to workplace discrimination and discourage reporting.

Myth 14: Harassment Must Occur at the Workplace to Be Considered Workplace Harassment Fact: Workplace harassment can happen outside of office premises, including at work-related events, business trips, office parties, or even online through emails, messages, or video calls. The context of work-related interactions matters, not just the location.

Myth 15: Ignoring Harassment Will Make It Stop Fact: Ignoring harassment does not solve the problem and may even encourage the harasser to continue their behaviour. Employees should feel confident in addressing and reporting harassment so that appropriate actions can be taken.

Challenges in Implementing POSH Compliance in Small Businesses

Start-ups and small businesses often struggle with POSH compliance due to a lack of awareness, limited resources, and the informal nature of workplace interactions. Key challenges include:

1. Limited HR Infrastructure Many small businesses operate with minimal or no dedicated Human Resources (HR) personnel. This makes it difficult to form an Internal Complaints Committee (ICC), which is a requirement under the POSH Act for organizations with more than ten employees.
2. Lack of Awareness Employees in small businesses are often unaware of their rights and responsibilities under the POSH Act. Employers, too, may not prioritize sexual harassment policies, either due to a lack of knowledge or underestimating the importance of compliance.
3. Fear of Retaliation In small and closely-knit teams, employees may be hesitant to report harassment due to fear of retaliation, workplace alienation, or adverse effects on their careers. The perpetrator might hold a position of influence, making it even more challenging for victims to come forward.
4. Informal Workplace Culture Start-ups and small businesses often foster informal workplace interactions, where professional boundaries can sometimes be blurred. This informality can lead to a lack of clear communication about what constitutes inappropriate behaviour, making it harder to enforce policies effectively.

Solutions for SMEs to Ensure POSH Compliance

1. Conduct Periodic POSH Training Sessions Regular awareness and sensitization programs can educate employees about workplace harassment, their rights, and the importance of maintaining a respectful work environment. Training sessions, whether online or in person, should be conducted at least once a year and made mandatory for all employees.
2. Set-up an External Complaints Committee For businesses with fewer than ten employees or those lacking internal HR personnel, an External Complaints Committee (ECC) can be set up by partnering with external legal professionals or NGOs specializing in POSH compliance. This ensures a neutral and effective grievance redressal process.
3. Implement a Clear and Simple Reporting Mechanism Small businesses should establish a transparent and accessible complaint process. A dedicated email, anonymous reporting options, and a designated POSH officer can make it easier for employees to report incidents without fear.
4. Integrate POSH Compliance into Company Policies POSH compliance should be integrated into the company’s code of conduct, employee handbooks, and on-boarding processes. Clear policies on workplace behaviour, reporting procedures, and consequences for non-compliance should be outlined and communicated effectively.

Case Studies:

Case Study 1: Uber (2017) – A Corporate Overhaul Following Harassment Allegations

In 2017, Uber faced one of the most high-profile workplace harassment scandals in Silicon Valley. The issue came to light when Susan Fowler, a former engineer at Uber, published a blog post detailing the widespread sexual harassment and discrimination within the company. She described how her manager made inappropriate advances towards her and despite reporting the incident to HR, no action was taken. Instead, she was told that her harasser was a “high performer” and that no measures could be taken against him. Fowler’s revelations led to an independent investigation led by former U.S. Attorney General Eric Holder. The report uncovered deep-rooted cultural and structural issues at Uber, including a toxic work environment, HR failures, and a lack of accountability among top executives. Following this:

• Over 20 executives were fired, including Uber’s Senior VP of Engineering.
• CEO Travis Kalanick stepped down amid growing pressure.
• The company introduced mandatory anti-harassment training for all employees.
• A new Diversity & Inclusion team was created to ensure a safer workplace.
• Uber revised its HR policies, reinforcing stricter guidelines on handling complaints. This case became a wake-up call for many start-ups, proving that a strong POSH framework is essential to preventing systemic workplace harassment.

Case Study 2: Infosys (India) – Setting a Gold Standard for POSH Compliance

Infosys has been a leader in POSH compliance in India, with its proactive and transparent approach to tackling workplace harassment. Unlike reactive cases like Uber, Infosys has long prioritized preventive measures, policy enforcement, and employee awareness. Key initiatives by Infosys include:

• A Zero-Tolerance Policy: Any form of sexual harassment is met with strict disciplinary action, including termination.
• A Well-Structured Internal Complaints Committee (ICC): The company ensures that all cases are addressed fairly and confidentially. The ICC comprises trained professionals, including external members, to maintain neutrality.
• Regular Training Sessions: Infosys mandates POSH training for all employees, including top management, to create awareness about appropriate workplace behaviour.
• Anonymous Reporting System: To ensure employees feel safe, Infosys allows anonymous complaints via an internal portal.
• Strict Monitoring & Data Analysis: The HR department conducts periodic surveys and feedback sessions to assess workplace culture and continuously improve policies. As a result of these measures, Infosys has one of the lowest reported cases of workplace harassment among large IT firms in India. The company’s approach highlights how proactive enforcement and training can significantly reduce harassment cases and build a safer workplace culture.

FAQs

1. What is sexual harassment at the workplace? Sexual harassment refers to any unwelcome, inappropriate behaviour of a sexual nature that creates a hostile, intimidating, or offensive work environment. It can include verbal, physical, non-verbal, or digital misconduct, such as inappropriate comments, gestures, or advances.
2. What does the POSH Act entail? The POSH Act, or the Prevention of Sexual Harassment Act, 2013, is a law in India designed to protect employees from sexual harassment at the workplace. It mandates employers to establish an Internal Complaints Committee (ICC), raise awareness about sexual harassment, and take strict action against violations.
3. Who can file a complaint under the POSH Act? Any employee who has experienced sexual harassment, or a third-party witness, can file a complaint. The POSH Act allows for complaints to be submitted to the Internal Complaints Committee (ICC) of the organization or an external committee in certain cases.
4. Does the POSH Act only apply to large corporations? No, the POSH Act applies to all workplaces, including small businesses, start-ups, NGOs, and government offices. The law mandates that any organization with more than ten employees must form an ICC and adhere to the guidelines set forth in the Act.
5. How can small businesses comply with POSH regulations? Small businesses can comply by conducting periodic POSH training, setting up an external complaints committee (ECC) if needed, implementing a clear reporting mechanism, and integrating POSH compliance into company policies.
6. What is the role of employers in preventing sexual harassment? Employers are responsible for implementing a clear POSH policy, setting up an ICC, conducting training sessions, ensuring an accessible reporting system, and taking swift action when complaints arise. E
7. Can sexual harassment occur outside the office? Yes, harassment can occur outside the workplace in scenarios like business trips, work-related events, or online communications. The location does not matter, as long as the interaction is related to work and contributes to a hostile or intimidating environment.
8. What should I do if I witness sexual harassment at work? If you witness sexual harassment, you can report the incident to your organization’s Internal Complaints Committee (ICC) or external authorities. Witnesses play an important role in addressing harassment and ensuring that a safe and respectful work environment is maintained.
9. Is retaliation allowed against someone who reports sexual harassment? No, retaliation is strictly prohibited under the POSH Act. Employers are legally required to protect employees from retaliation, which includes demotions, dismissals, or negative consequences following the filing of a harassment complaint.
10. How can I ensure my workplace is harassment-free? To foster a harassment-free workplace, educate employees about appropriate behaviour, implement clear reporting channels, support training initiatives, and take swift action when issues arise.

Conclusion

Workplace sexual harassment is a serious issue, and debunking common myths is essential for effective prevention. By understanding the facts, organizations and employees can work together to create a safe, inclusive, and harassment-free workplace. Compliance with the POSH Act is not just a legal obligation but a step toward fostering a culture of dignity and respect for all employees.