Anti-sexual harassment advisory

Helping build a safer work environment Forensic

Anti-sexual harassment advisory

Key indicators of sexual

harassment at workplace
Answering some key questions could help you
determine, if the behavior exhibited constitutes
sexual harassment at the workplace.
• Was the behavior directed at another individual?
• Was the other individual offended or harmed,
including evocation of demeaned and belittled
feelings, personal humiliation, embarrassment,
intimidation or threat?
• Would a reasonable person have known or
ought to have known that such behavior could
be offending or harmful?
• Did the behavior occur at the workplace or at
any location or work-related event, including
while on travel status, a conference where
attendance was sponsored by the employer,
employer-sponsored training/information
session and an employer-sponsored event
including social events?
• Is it a series of incidents over a period of time or
a serious single incident?

The prevalence of sexual harassment within organisations transcends industry, sector, age,
occupation and levels of education of those involved. It is widely accepted that the personal and
business impact of sexual harassment is pronounced, especially in terms of reduced personal well-
being and employment opportunities, high business costs, job turnover, employee absenteeism,
reduced productivity and quality of working relationships. With the enactment of the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the SHWW
Act), commonly known as the Prevention of Sexual Harassment Act (the POSH Act), significant
initiatives have been taken by corporates to put in place measures in compliance with the POSH
Act.

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Anti-sexual harassment advisory

PROACTIVE
ANTI-SEXUAL HARASSMENT COMPLIANCE ASSESSMENT
The clear prerequisites for eliminating sexual harassment are recognising the full range of behaviours and sources associated with
sexual harassment, documenting policies and practices, providing training, creating awareness and taking decisive action. Deloitte’s
Forensic team can assist you in ensuring ongoing compliance in the following manner:

Update or develop an internal Conduct periodic first

policy to prohibit and prevent response training’ or ‘skill-
sexual harassment, including building’ workshops for all
‘grievance redressal procedures’ members of the Internal
to deal with complaints. Complaints Committee (ICC).

Asses risk to identify Build a robust framework Conduct training/awareness

potential risk hotspots, for ‘grievance redressal sessions for all employees
trends or patterns of sexual mechanism’ (GRM) to enable to sensitise them to gender
harassment issues at reporting and tracking of issues and make them aware
workplace. complaints. of the SHWW Act provisions.

REACTIVE
MEASURES TO MANAGE ANTI-SEXUAL HARASSMENT INCIDENTS
Complaints of sexual harassment at the workplace need to be promptly and thoroughly investigated, wherever required, not only to
top sexual harassment and prevent future occurrences, but to also protect the organisation from any liability or litigation arising out of
failure to investigate or due to incomplete investigation of a complaint. Deloitte’s Forensic professionals can assist you in the following
areas:

Computer forensics Documents examination Forensic data analytics Business and market
We can help by forensically (investigative) We can document and analyse intelligence
imaging any electronic device We can examine company call data records provided by We can also help conduct
submitted by the aggrieved documents, including any the aggrieved woman and/or social media searches
woman and/or respondent by documents provided by the respondent to identify unusual and open source
performing reviews such as aggrieved woman and/or patterns and trends, if any. backgroundchecks for the
e-mail, voicemail reviews etc. respondent or third-party aggrieved woman and/or
witnesses. respondent.

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 Anti-sexual harassment advisory

Employer’s obligations
• Establish a clear policy prohibiting sexual
harassment at the workplace
• Conduct periodic training sessions for
employees and build ongoing awareness
• Constitute an Internal Complaints
Committee (ICC)
• Train the ICC members adequately to
handle grievances (in conciliation process
and in conducting inquiries)
• Establish a grievance redressal
mechanism/procedure (for ongoing
administration of grievances)
• Submit annual reports to the government

CONSEQUENCES
OF NON-COMPLIANCE WITH THE
POSH ACT

01
Employees can face severe
penal consequences (including
imprisonment), if found to be
guilty

02
Imposition of fines and/ or
cancellation of an organisation’s
business licenses

03
Impacts an organisation’s hard-
earned reputation, strain on
management bandwidth and
finances

04

Adversely affects employee

retention, productivity and
morale

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Contacts
To know more, reach out to:

Nikhil Bedi Veena Sharma

Partner | Leader - Forensic Director
Financial Advisory Forensic – Financial Advisory
Deloitte India Deloitte India
Tel: +91 22 6185 5130 Tel: +91 22 6185 5213
Email: [email protected] Email: [email protected]

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Anti-sexual harassment advisory

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