How Do You Start Disciplinary Action for Sexual Harassment at Work?

Hi Friends,

Can you let me know the procedure/process to be followed for initiating disciplinary action against a delinquent employee under Sexual Harassment?

Thanks & Regards

Hi,

Sexual harassment in the workplace is considered grave misconduct in the eyes of the law. You can immediately suspend the employee who has committed the misconduct and initiate a regular departmental inquiry against them by appointing an inquiry officer (refer to the provisions of the Model Standing Orders). If the inquiry officer finds the employee guilty, they can be terminated.

Alternatively, you can file a police complaint through the victim. When the police arrest the employee, you can suspend them until the final decision of the criminal court. You should await the decision of the criminal court. If the criminal court acquits the employee, you must take them back to work. If they are convicted, you can terminate their employment.

S.M. Paranjape, Advocate

If you need to conduct an inquiry, please follow the tips given in the following link where you can find a presentation prepared by me (which is also available in this forum as posted by me, perhaps in 2008):

DISCIPLINARY ACTION.pdf

If you want to prepare a policy against sexual harassment in your establishment in line with Apex Court's directions, please take a draft available in my folder in the following link:

Policy against Sexual Harassment.doc

The above draft is in Word format to enable you to make necessary changes as you desire.

Regards,

Madhu.T.K

If you want to take action for sexual harassment, kindly read the Judgment of Vishaka of the Supreme Court. It is self-explanatory.