Hari Sri Vidya Lalithambica is a 4th-year BA.LLB student at Padala Rama Reddi Law College, Hyderabad Read More
INTRODUCTION: BEYOND THE LETTER OF LAW
Ensuring a workplace free from harassment is not only a legal mandate but also a moral imperative. India’s first legislation specifically addressing the issue of workplace sexual harassment, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) was enacted by the Ministry of Women and Child Development, India. The government subsequently notified the rules under the POSH Act titled the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“POSH Rules”).
The POSH Act has been enacted with the objective of preventing and protecting women against workplace sexual harassment and to ensure effective redressal of complaints of sexual harassment and to ensure effective redressal of complaints of sexual harassment. While the statute aims at providing every woman (irrespective of her age or employment status) a safe, secure and dignified working environment, free from all forms of harassment, proper implementation of the provisions of the statute remains a challenge. The POSH Act is not a gender-neutral legislation and protects only women. Therefore, the safeguards under the POSH Act are not applicable to “men” victims although employers may choose to extend the protection through their policy.
The POSH Act ensures legal protections, but true justice involves more than legal compliance—it requires empathy, fairness, and awareness of subtle biases that affect investigations. Bridging this gap strengthens the trust between employees and organizations, fostering a culture where everyone feels safe and respected.
RECOGNISING GENDER SENSITIVITY AND BIAS IN INVESTIGATIONS: MORE THAN MEETS THE EYE
Gender sensitivity goes beyond the concept of fairness, it’s about understanding how gender shapes the way people experience and respond to the world. This sensitivity requires acknowledging that gender is not just about biological differences, it also involves the cultural, societal and emotional assumptions people have about each other. For example, women may be unfairly labelled as overly emotional, while men are often perceived as unlikely victims. The prevailing stereotype that men are not supposed to be victims of harassment can lead to disbelief and dismissal of their experiences.
Imagine a woman who, after years of experiencing harassment at work, finally gathers the courage to speak up. She details her experience to the Internal Committee (IC), but instead of being met with empathy, her claim is met with skepticism. She is labelled as “too sensitive” or accused of misunderstanding the situation because she may have reacted emotionally. This judgment can create immense frustration and a sense of isolation. She may begin to question if her feelings are valid or whether she is, in fact, “overreacting” to what could have been a minor incident. In this case, bias robs her of the opportunity to be heard and believed.
Now, think about a man who steps forward with a similar complaint. He is met with questions that make him feel like an anomaly—was he really harassed, or is this an exaggeration? The bias here is not that he is too sensitive, but that men simply don’t face harassment in the same way women do. He may find it difficult to make his case because society often invalidates men’s experiences of vulnerability or victimhood. The very courage it took for him to speak up is undermined by this dismissive attitude.
These are not just bias in the investigation process; they touch the core of an individual’s sense of justice and self-worth. When people feel their concerns are not taken seriously, they might hesitate to come forward in the future, perpetuating an environment where harassment goes unaddressed, which defeats the main objective of the POSH Act.
The solution lies in training the IC members to recognize and actively combat their own biases. Through thoughtful, ongoing training on gender sensitivity and unconscious bias, members can learn to set aside assumptions and judgments, ensuring that they listen to each complaint with fresh eyes and open hearts.
Additionally, creating a space where both men and women feel equally supported allows for fairness to prevail. This may involve ensuring that all involved parties are aware of their right to confidentiality, providing reassurance that their complaints are taken seriously, regardless of gender. It’s about acknowledging that each individual, no matter their gender, deserves a fair chance to be heard without being burdened by societal stereotypes. By fostering such an environment, the IC can take a critical step toward ensuring that all employees—regardless of gender—feel respected and valued throughout the investigation process.
Through these actions, an IC is not only ensuring a fair investigation but also sending a powerful message to the workplace: harassment, in any form, is unacceptable, and everyone deserves to be treated with respect and dignity.
ROLE OF INTERNAL COMMITTEE (IC): ANCHORING GENDER SENSITIVITY IN PRACTICE
Internal Committees (ICs) play a critical role in addressing sexual harassment within an organization. Their responsibility is not just to determine the facts but to do so in a manner that ensures fairness, empathy, and an understanding of gender dynamics. Given the gravity of their decisions, where reputations and careers can be affected, it is essential for IC members to maintain a keen awareness of their own biases and preconceived notions.
The challenge lies in balancing the power they hold with the humility to recognize when personal beliefs or societal stereotypes might unconsciously influence their judgment. In essence, the committee must be both fair and empathetic in its approach, ensuring that the investigation process is free from gender bias and that all parties are treated with respect.
Key Actions: Anchoring Gender Sensitivity in Practice
- Training on Bias Awareness: One of the most effective ways to combat unconscious biases is through regular, structured training. Workshops focused on unconscious bias and gender sensitivity should be conducted to help IC members recognize their own blind spots. For example, an IC member may not even realize that their initial reaction to a male complainant might be influenced by the stereotype that men don’t face harassment or that women are “naturally” emotional and thus more prone to overreact. Training can use real-life case studies to help ICs become more aware of these dynamics and practice adjusting their thinking in a way that allows for fairer, more compassionate judgments.
These workshops should go beyond theoretical learning and involve practical role-playing or scenario-based exercises. By engaging with real-life examples, IC members can better understand how to identify and manage biases in action, rather than just in theory.
- Empathy in Practice: Empathy is not just a soft skill; it’s a crucial tool in ensuring fair outcomes during investigations. Every complainant and respondent come to the table with their own story, often deeply personal and emotionally charged. IC members need to learn the art of compassionate listening—not only hearing the words being spoken but understanding the emotional subtext behind them.
A complainant who feels heard and understood is more likely to trust the process, which is essential for a fair and thorough investigation. Similarly, a respondent who feels they are being treated with respect and given a fair opportunity to present their side is more likely to cooperate fully. This empathy needs to be practiced consistently by the IC, where every interaction, from interviews to decision-making, is infused with a sense of understanding and fairness.
- Creating a Non-Judgmental Space: One of the most powerful actions an IC can take is to create a safe, neutral space where both the complainant and the respondent feel free from judgment. This means avoiding assumptions about the severity or nature of the alleged harassment based on the gender of the individuals involved.
For example, if a male employee reports harassment from a female coworker, some IC members might unconsciously downplay the situation, assuming that harassment is something typically experienced by women. A bias like this can skew the investigation before it even begins. A well-trained IC, however, would be mindful of such assumptions and treat each case on its own merits, ensuring both parties are given an equal platform.
Additionally, ensuring that the IC is diverse in gender and background helps to minimize groupthink and brings different perspectives to the table. This diversity strengthens the process and reduces the likelihood that the committee will overlook key factors simply because everyone shares similar experiences or viewpoints.
RIPPLE EFFECT OF BIAS: ITS IMPACT ON COMPLAINANTS AND RESPONDENTS
Bias, in any form, does more than cloud an investigation, it leaves a lasting emotional and psychological impact on both complainants and respondents. For complainants, bias can manifest in secondary victimization, where they feel dismissed or disbelieved. The experience of harassment might be compounded by the frustration of feeling that their voices are ignored or trivialized. Imagine a female complainant sharing her painful experiences only to be met with skepticism about her emotional state. The doubt cast on her feelings doesn’t just invalidate her claim; it re-victimizes her.
For respondents, bias can be equally damaging. Often, respondents—especially male ones—may face premature judgments based on societal stereotypes, such as the idea that men are less likely to be victims of harassment or, conversely, that men are more likely to be perpetrators. These assumptions can turn the investigation into a one-sided affair before evidence is even fully reviewed, leaving the respondent feeling unfairly targeted, misunderstood, or ostracized. The sense of being presumed guilty simply because of one’s gender can be deeply disorienting and distressing.
The ripple effect of bias in sexual harassment investigations erodes trust in the entire process. When employees perceive the system as biased or unfair, they become hesitant to come forward, fearing that their complaints will either be dismissed or result in negative consequences. This reluctance to speak up can lead to a toxic culture where harassment goes unreported and unchecked.
On the flip side, when investigations are perceived as fair and impartial, employees are more likely to trust that their concerns will be taken seriously. Ensuring fairness helps to restore confidence and sets the stage for an environment where employees feel safe and valued, ultimately fostering a more equitable workplace for all.
BEST PRACTICES FOR A GENDER-SENSITIVITE, UNBAISED INVESTIGATION
The cornerstone of a fair and unbiased investigation lies in the training of those involved. IC members need to undergo regular sessions focused on unconscious bias, gender sensitivity, and the nuances of sexual harassment. This isn’t just about checking off a training requirement; it’s about cultivating empathy, understanding, and objectivity.
Consider a role-playing exercise, where IC members act out real-life scenarios that could arise during an investigation. This helps them recognize subtle biases in their responses, learn how to adjust their behaviour, and practice asking open-ended, non-leading questions. By stepping into the shoes of both the complainant and the respondent, IC members can learn to approach each case with greater compassion and fairness, avoiding judgments based on preconceived notions.
The investigative process should centre on facts, not assumptions. Using neutral, open-ended questions is crucial in this context. For instance, asking “Can you describe what happened?” rather than “Why did you let this happen?” helps ensure that the conversation is focused on gathering information rather than leading the respondent or complainant toward a particular conclusion.
Leading questions that suggest an expected answer can significantly undermine an investigation’s objectivity, steering it away from the truth. It’s critical that IC members resist the temptation to interpret or validate their personal views during interviews. Only facts, evidence, and clear testimony should guide the process.
For a fair investigation, all parties must be fully informed about the process and reassured that their participation is safe and confidential. Complainants and respondents alike must be aware of how their statements will be used, who will have access to the information, and what protections are in place to safeguard their privacy. Transparency builds trust and reduces anxiety, while confidentiality protects both the integrity of the investigation and the dignity of those involved.
When all participants understand that their statements are being treated seriously and confidentially, it creates an environment where they feel more comfortable sharing their experiences, free from the fear of retaliation or public exposure.
LEGAL AND ORGANISATIONAL RECOMMENDATIONS: RAISING THE BAR ON GENDER SENSITIVITY
An organization’s commitment to fairness should extend beyond one-off training sessions. Regular audits of both policies and processes can help identify potential biases or inconsistencies in the way sexual harassment cases are handled. By continuously evaluating and refining these processes, organizations can ensure that their approach remains aligned with best practices and emerging insights into gender sensitivity. For example, an audit might reveal that a particular question on an intake form inadvertently reinforces gender stereotypes or that IC members consistently face challenges in overcoming their biases during interviews. Addressing these gaps proactively can prevent bias from ever influencing an investigation’s outcome.
One of the most powerful steps an organization can take to reduce bias in investigations is to ensure that its Internal Committees are diverse, representing a range of genders, backgrounds, and life experiences. A diverse IC brings different perspectives to the table, challenging assumptions and fostering a more holistic approach to each case.
A feedback loop provides invaluable insights into the effectiveness of the organization’s sexual harassment policies and investigation processes. By gathering feedback from complainants, respondents, and IC members involved in past investigations, organizations can identify areas for improvement and better tailor future training and policies to address recurring issues.
This feedback should be viewed as an essential component of continuous learning, helping organizations stay responsive to the needs of their employees and ensuring that the workplace remains safe, respectful, and inclusive.
CONCLUSION: A CALL TO ACTION FOR FAIRER WORKPLACES
The journey toward unbiased, gender-sensitive investigations under the POSH Act is one of growth, compassion, and commitment. As organizations continue to prioritize fairness, empathy, and training, they not only comply with legal standards but also lay the foundation for an environment where all employees feel safe, valued, and respected.
Creating a workplace where every individual is treated with dignity is not just a policy—it’s a promise. A promise that every voice will be heard, and every case will be evaluated with fairness, free from bias and preconceived notions. By committing to unbiased investigations, organizations have the power to not only address harassment more effectively but to transform their workplace culture into one that prioritizes respect, inclusion, and equal opportunity.
Now is the time for action. Let us move beyond compliance and strive to create workplaces where fairness is woven into the very fabric of the organization. This can be achieved through continuous learning, open-mindedness, and an unwavering commitment to addressing gender sensitivity at every level. With a proactive approach to training, diverse perspectives, and clear policies, organizations can create an environment where harassment is not tolerated, and everyone thrives.
As we take these steps together, we build not just a safer workplace but a more empowering one—where fairness and respect are the cornerstone of every interaction, every decision, and every opportunity. The path forward is clear, and it starts with each one of us choosing to embrace change and champion fairness for all.
REFERENCES:
https://www.indiacode.nic.in/bitstream/123456789/2104/1/A2013-14.pdf
https://elearnposh.com/conflict-of-interest-in-the-internal-committee/
