How Should Employers Act on Internal Committee Findings in Sexual Harassment Cases?

Duty of Employer on Receipt of Internal Committee Findings:

1. Acknowledge receipt of the IC Report with findings and/or recommendations relating to conciliation arrived at, or enquiry report, or recommendation regarding compensation payable to the aggrieved woman complainant.

2. Apply your mind to IC "findings" and/or recommendations, with or without aberrations, errors of judgment, if any, on the part of the IC, such as enquiry timeline prescribed not obeyed, findings are vague, etc.

3. Check if the IC findings & recommendations, if any, are definite and conclusive.

4. Decide about the quantum of punishment if sexual harassment charges against the employee-respondent are found true & established.

5. Ensure the "quantum of punishment" to be awarded is proportionate to the proven act of misconduct.

6. Issue a condonation letter to the employee-respondent if charges are not found true & proved.

7. Initiate disciplinary action against the employee-complainant for filing a false, frivolous, or malicious complaint as the case may be; and

8. Forward her explanation/reply to the IC for necessary action by the IC.

9. Promptly organize employee awareness programs/sessions to educate your employees regarding provisions of the SHWW Act 2013.

10. Analyze & rectify the loopholes in the measures taken by you so far which led to SH complaints lodged, and you failed to provide protection to women at your workplace to safeguard yourself and the board of directors from penalties, which among other penalties/penal action include fines and/or imprisonment. Unwarranted media publicity in spite of all confidentiality provisions.

Employers, please note that you must act on the IC findings, etc., within sixty calendar days from the day of receipt of IC reports. The action taken by employers must be included in the IC annual report for each calendar year under Section-21 ref Rule-14 of the SHWW (P P & R) Rules gazetted on 9.12.2013.

What it means to the aggrieved woman complainant or the person so authorized by the said Act shall be the subject matter of the next post.

-------------------To be continued

Regards, Harsh K Sharan

XLRI Alumnus, Spl Educator PoSH Programs Kritarhh Team

3.6.2020

Employer's Duty Upon Receipt of Internal Committee Findings in Sexual Harassment Cases

Upon receiving the Internal Committee (IC) findings in sexual harassment cases, employers have a crucial duty to ensure a fair and just resolution. Here are practical steps to follow:

1. Acknowledge Receipt: Promptly acknowledge receipt of the IC report with findings and recommendations related to the complaint.
2. Review Findings: Carefully review the IC findings and recommendations, identifying any errors or discrepancies in the investigation process.
3. Decision Making: Decide on the appropriate course of action based on the IC findings, including determining the quantum of punishment if the charges are proven.
4. Proportionate Punishment: Ensure that any punishment imposed is proportionate to the severity of the misconduct established.
5. Condonation Letter: Issue a condonation letter to the employee-respondent if the charges are not substantiated.
6. Disciplinary Action: Initiate disciplinary action against the complainant if the complaint is found to be false, frivolous, or malicious.
7. Employee Awareness: Conduct employee awareness programs to educate staff on the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
8. Rectify Loopholes: Analyze and rectify any loopholes in the existing measures that led to the lodging of sexual harassment complaints.
9. Timely Action: Ensure all actions are taken within sixty calendar days from receiving the IC report as mandated by the law.
10. Reporting: Include the actions taken in the IC annual report for each calendar year as per the SHWW (P P & R) Rules.

By following these steps diligently, employers can uphold a safe and respectful work environment while complying with legal requirements and protecting the rights of all employees involved.