How to handle a POSH case as Manager

The POSH (Prevention of Sexual Harassment) process and policy outline the procedures and guidelines that an organization follows to prevent and address incidents of sexual harassment in the workplace. Let’s explore more what is the process to be followed if you as a Manager witness any case in your team;

  1. Familiarize Yourself with the POSH Policy: Review your organization’s POSH policy and guidelines to understand the procedures and protocols in place for handling such cases. Make sure you are aware of the definitions of sexual harassment, the reporting process, and the rights and responsibilities of both the complainant and the accused.
  2. Provide Support to the Complainant: If an employee comes forward with a complaint, create a safe and supportive environment for them to share their concerns. Listen actively, show empathy, and assure confidentiality. Explain the available options for resolution, including internal procedures, external support services, or legal remedies. Encourage them to document the incidents with dates, times, and any witnesses if applicable.
  3. Initiate an Immediate Response: Take prompt action to address the complaint and prevent any further harassment. Depending on the severity of the case, you may need to involve HR, legal, or POSH Members listed in your company policy. Ensure that the complainant is protected from retaliation during the investigation process.
  4. Conduct a Thorough Investigation: Appoint a neutral and competent investigator who has expertise in handling POSH cases. The investigator should follow a fair and unbiased approach, gathering evidence, interviewing witnesses, and documenting statements. Maintain confidentiality throughout the investigation process to protect the privacy of all parties involved.
  5. Maintain Regular Communication: Keep the complainant informed about the progress of the investigation without disclosing sensitive information. Provide updates on the steps being taken and the expected timeline for resolution. Reassure the complainant that the matter is being taken seriously and that appropriate action will be taken.
  6. Assess the Findings: Once the investigation is complete, review the evidence and interview transcripts. Assess whether the allegations are substantiated and evaluate the severity of the harassment. Consult with HR, legal, or other relevant stakeholders to determine the appropriate course of action.
  7. Take Appropriate Disciplinary Measures: If the allegations are found to be valid, take appropriate disciplinary action against the accused as per your organization’s policies and applicable laws. This may include reprimands, warnings, training, suspension, termination, or legal action. Ensure that the punishment is commensurate with the severity of the harassment and consistent with your organization’s guidelines.
  8. Provide Support and Prevention Measures: Offer support to both the complainant and the accused, as required. Provide counselling services or referrals to external support agencies. Conduct training sessions and awareness programs on POSH regularly to prevent future incidents of harassment.
  9. Monitor and Review: After the case is resolved, monitor the workplace environment to ensure there is no retaliation or further harassment. Review your organization’s policies and practices periodically to identify areas for improvement and make necessary updates.

Remember, it is crucial to consult with your organization’s HR department or legal team to ensure compliance with internal policies and local laws specific to your jurisdiction or state law.