Answer to What If a Presiding Officer Verbally Reports Sexual Harassment Complaint against Her Superior
From India, Delhi
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206From India, Delhi
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In the scenario where a Presiding Officer verbally reports a sexual harassment complaint against her superior but expresses unwillingness to file a written complaint, it is crucial to handle the situation with sensitivity and in accordance with the relevant laws and policies. Here are some practical steps to address this issue effectively:
1. Initial Response:
- Acknowledge the verbal complaint promptly and ensure the Presiding Officer feels supported and heard.
- Explain the importance of documenting the complaint in writing to initiate the formal process.
2. Legal Compliance:
- Refer to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for guidance on handling sexual harassment complaints.
- Emphasize the legal requirement of filing a written complaint to initiate the formal investigation process.
3. Temporary Measures:
- Consider temporarily relieving the Presiding Officer from her duties to ensure a fair investigation process and prevent any potential conflicts of interest.
- Nominate another eligible woman employee at a senior level to take on the role of Presiding Officer in the interim.
4. Formal Complaint Process:
- Encourage the Presiding Officer to convert the verbal complaint into a written one to initiate the formal complaint process.
- Follow the organization's policy on handling sexual harassment complaints, including issuing an explanation letter to the accused employee and obtaining their written response.
5. Internal Committee Proceedings:
- Forward all relevant documents, including the written complaint and responses, to the Internal Committee (IC) for further investigation.
- Ensure the IC conducts a thorough and impartial investigation, following the due process outlined in the law.
6. Reporting and Documentation:
- Include the case in the IC's annual report for transparency and accountability.
- Document all steps taken, findings, and actions in compliance with legal requirements.
By following these steps and ensuring compliance with the applicable laws and policies, organizations can effectively address sexual harassment complaints and provide a safe and respectful work environment for all employees.
From India, Gurugram
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1. Initial Response:
- Acknowledge the verbal complaint promptly and ensure the Presiding Officer feels supported and heard.
- Explain the importance of documenting the complaint in writing to initiate the formal process.
2. Legal Compliance:
- Refer to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for guidance on handling sexual harassment complaints.
- Emphasize the legal requirement of filing a written complaint to initiate the formal investigation process.
3. Temporary Measures:
- Consider temporarily relieving the Presiding Officer from her duties to ensure a fair investigation process and prevent any potential conflicts of interest.
- Nominate another eligible woman employee at a senior level to take on the role of Presiding Officer in the interim.
4. Formal Complaint Process:
- Encourage the Presiding Officer to convert the verbal complaint into a written one to initiate the formal complaint process.
- Follow the organization's policy on handling sexual harassment complaints, including issuing an explanation letter to the accused employee and obtaining their written response.
5. Internal Committee Proceedings:
- Forward all relevant documents, including the written complaint and responses, to the Internal Committee (IC) for further investigation.
- Ensure the IC conducts a thorough and impartial investigation, following the due process outlined in the law.
6. Reporting and Documentation:
- Include the case in the IC's annual report for transparency and accountability.
- Document all steps taken, findings, and actions in compliance with legal requirements.
By following these steps and ensuring compliance with the applicable laws and policies, organizations can effectively address sexual harassment complaints and provide a safe and respectful work environment for all employees.
From India, Gurugram
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Sexual Harassment Prevention - Legal Obligations of Employers.pdf