How Should HR Handle a Sexual Harassment Complaint When the Remedy Seems Out of Reach?

What if remedy for sexual harassment complaint gets elusive?

On Holi Festival Day, declared as a plant holiday, a young woman engineer-trainee receives a tele-call. The caller identifies himself as the Plant Head and invites her to join Holi revelers at the plant clubhouse. She politely declines his invitation, pleading that she is not okay with liquid Holi colors. He disconnects his mobile phone. After 10 minutes, he calls again on her mobile, saying, "OK, join us; we are celebrating with dry colors." She declines his offer, saying even dry colors itch her skin. He disconnects. In the next ten minutes, he calls her up, begging desperately, "Aa Bhi Jao, Bhaang Tow Lelo." She is furious at his temerity for outraging her modesty as a woman, disconnects, ponders over her plight, and starts the next day knocking at the office of the HR Manager at 8 a.m. She complains about the unwelcome and humiliating act and behavior of the Plant Head, insisting on immediate remedial action for his harassing behavior. The HR Manager assures her he would take up her complaint, but two days later, hands over her employment termination order letter.

What to do in such cases?

Guidance from learned PoSH practitioners shall enlighten present and future IC members.

Harsh Kumar Sharan, Kritarth Consulting

#holistichr #PoshMasters

Dear Harsh Kumar Sharan, my views are as follows:

Termination Order Concerns

The termination order is not proper, valid, or just. It is an illegal termination, regardless of the employee's category.

POSH Act Compliance

The company does not appear to be following the POSH Act. The HR department seems to be unaware of the law. Otherwise, the HR would have advised the woman to approach the IC or escalated the matter to the IC. I doubt whether the company has an IC. I have witnessed many companies without an IC. HR professionals are often unaware of the POSH Act. Just today, a highly knowledgeable HR professional informed me that the POSH Act applies when there are 10 or more female employees.

POSH Awareness Programs

It also appears that the company has not conducted any POSH awareness programs. Otherwise, the woman would have filed a complaint with the IC if it indeed existed.

If the woman escalates this issue to the appropriate level, the company may face trouble.

If there is an IC in this company and no complaints have been received, the IC should properly advise the HR on this matter and maintain evidence that this issue was not reported to them.