Prevention of Sexual Harassment

Course Details

Prevention of Sexual Harassment

Course Duration

The total duration of the module is approximately 20 minutes. It is recommended to use your
earphones for an enhanced learning experience.

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Objectives

In this module, you will –

 Understand MHRIL's commitment to equal employment opportunity and respecting diversity

 Gain awareness of MHRIL's zero-tolerance policy towards harassment in any form

Chapter 1: : Prevention of sexual harassment Policy

Hi, I am RaviNeha, your compliance expert and welcome to this module on POSH. At MHRIL, our t
employees are the very foundation of our business. We believe in fostering a work environment
where every individual feels safe, valued, and respected

In today's workplace, ensuring a safe, transparent, and friendly environment for all employees is
paramount. At MHRIL, we recognize the importance of fostering a workplace culture free from sexual
harassment. Let's delve into our comprehensive policy on the prevention of sexual harassment.

Our commitment to providing a safe and respectful workplace is a cornerstone of our philosophy.
Our policy aligns with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013, ensuring that we follow its guidelines. We also keep our policy updated with
any changes in the law to make sure it stays current and legal. This helps us create a safe and
respectful workplace environment for everyone at MHRIL.

Disclaimer - This policy is effective from 1st July 2022 until further notice, replacing any previous
policies related to sexual harassment at MHRIL.

Sexual harassment encompasses unwelcome physical, verbal, or non-verbal conduct of a sexual

nature. This includes explicit or implicit sexual advances, demands for sexual favours, transmitting
obscene messages, sexually oriented jokes, and anything similar to this. Our definition aims to cover
a broad spectrum of behaviours to ensure a harassment-free workplace.
Scope and Applicability

Our policy extends to all locations we are present in, including business premises, external locations
visited during employment, and modes of transport provided by the company. It encompasses all
employees, irrespective of their employment status, and visitors to our premises.

Let’s take look at a scenario

During a team outing organized by the company, a male employee repeatedly makes unwelcome
comments and gestures towards a female colleague. Despite her discomfort and verbal objections,
he continues to engage in behaviour that creates a hostile environment for her. What should the
female colleague do to address the situation in accordance with the company's POSH Policy?

A) Confront the male colleague publicly during the outing and demand that he stop his behaviour
immediately.

B) Wait until the outing is over and then report the incident to the HR department or the
designated email address provided in the POSH Policy.

C) Ignore the behaviour and try to avoid the male colleague for the remainder of the outing.

D) Discuss the issue with other colleagues who witnessed the behaviour and seek their advice on
how to handle it.

If the learner clicks on B) - That’s correct! The employee should report the incident through the
designated channels after the outing to ensure that a proper investigation can be conducted by the
Internal Committee. Confronting the harasser publicly may escalate the situation and is not
recommended. Ignoring the behaviour or seeking advice from colleagues without reporting it to HR
may not lead to a resolution and could allow the harassment to continue unchecked.

If the learner clicks on any other option- Oops! That’s incorrect. Option B is the most appropriate
course of action according to the POSH Policy. The employee should report the incident through the
designated channels after the outing to ensure that a proper investigation can be conducted by the
Internal Committee. Confronting the harasser publicly may escalate the situation and is not
recommended. Ignoring the behaviour or seeking advice from colleagues without reporting it to HR
may not lead to a resolution and could allow the harassment to continue unchecked.

At MHRIL, we adopt a zero-tolerance approach to sexual harassment. All incidents are prohibited,
and any complaint is thoroughly investigated. The severity of the offense is evaluated based on
various factors, including the creation of a hostile work environment or threats to employment
status. Disciplinary action is taken against offenders as per our service rules.

We have a robust process in place to handle complaints from all perspectives. Our comprehensive
procedure thoroughly evaluates each complaint, aiming to address any wrongdoing promptly.
However, we also prioritize authenticity and genuineness, ensuring that principles of natural justice
are upheld. Any complaint found to be inauthentic is dealt with accordingly. Our commitment to
maintaining a harassment-free workplace environment remains unwavering, and employees are
encouraged to refrain from any behaviour that could be deemed as harassment

Let us understand this better with the help of a scenario:

An employee overhears inappropriate jokes being shared in the break room during lunchtime. What
should they do?

a) Join in the conversation to fit in with their colleagues.

b) Ignore the jokes and continue with their lunch.

c) Speak up and express discomfort with the inappropriate jokes.

d) Pick up a fight with the colleague

If the learner clicks on c) - That’s correct! We maintain a 'Zero Tolerance' policy towards harassment
in any form, be it sexual harassment, verbal abuse, or physical assault.

If the learner clicks on any other option- Oops! That’s incorrect. The correct answer is - Speak up and
express discomfort with the inappropriate jokes. We maintain a 'Zero Tolerance' policy towards
harassment in any form, be it sexual harassment, verbal abuse, or physical assault.

Formation of Internal Committee

To address complaints effectively, we have an Internal Committees (IC) at all locations. These
committees, comprising at least half women members, ensure a fair and impartial inquiry into
reported incidents. An exclusive email ID, posh@mahindraholidays.com, is available to receive
complaints, ensuring confidentiality and prompt action.

Recognizing the sensitivity of sexual harassment complaints, we prioritize confidentiality. Committee

members are bound by a confidentiality declaration to safeguard the interests of all parties involved.

Breach of confidentiality is taken seriously, and appropriate penalties are imposed to uphold the
integrity of the investigation process.

Disciplinary action:

Depending on the severity of the offense, disciplinary actions may include warnings, suspension,
termination, or filing a complaint with the relevant authorities.
Various stakeholders, including Corporate Office Internal Committee (COIC), Locations Internal
Committee (LIC), HODs, Managers, and the Chief Ethics Officer, have specific responsibilities outlined
in the policy. These range from overseeing policy implementation to creating awareness and
providing necessary support to complainants.

Obligations of the Management:

The management is committed to providing full support for policy implementation, including
reconstituting committees, monitoring compliance, and facilitating legal action if required.

In summary, our Prevention of Sexual Harassment Policy reflects our unwavering commitment to
fostering a respectful and safe workplace environment for all at MHRIL.

With this we have come to the end of the module, I hope you now have better understanding of the
policy. Happy Learning!

Let’s check your understanding with a few case studies.

1. Sonam, working as a Manager in the Finance department, is a member of a WhatsApp group

comprising all members from the Finance Team. While the group primarily serves as a platform for
sharing work-related information, occasional forwarded jokes find their way into the conversation.

One day, Sonam's manager, Divya, shares a joke in the group that contains sexually colored remarks.
Following Divya's message, several male members of the group engage in discussions and replies,
prolonging the conversation.

Feeling uncomfortable with the sexually explicit content and the direction of the chat, Sonam
decides to take action and files a complaint with the Internal Complaints Committee (ICC) to address
the issue. Should this be considered Sexual Harassment?

A) No, it's just a joke and should not be considered sexual harassment.

B) Yes, the sexually coloured remarks in the joke constitute sexual harassment.

C) No, because the joke was shared by a manager and not directed at Sonam personally.

D) No, because the chat involved multiple members and was not targeted at Sonam individually.

Correct Answer: B) Yes, the sexually coloured remarks in the joke constitute sexual harassment.

Feedback: Option B correctly identifies the sexually coloured remarks in the joke as potentially
constituting sexual harassment. Regardless of the context or medium, sharing jokes with sexually
explicit content in a professional setting can create a hostile or offensive work environment.
2. Maya, an employee at XYZ Corp, files a complaint with the Internal Complaints Committee (ICC)
alleging sexual harassment by her supervisor, Rohan. This comes after Maya received a poor
performance review and disciplinary action. Rohan denies the allegations and claims Maya's
complaint is fabricated due to her dissatisfaction with her performance evaluation. What should be
done?

A) Maya's complaint should be dismissed as it appears to be retaliation for her poor performance
review.

B) Rohan's denial should be accepted, and Maya should be advised to focus on improving her
performance.

C) The ICC should conduct a thorough investigation to assess the validity of Maya's complaint and
gather evidence from both parties.

D) Maya should be encouraged to withdraw her complaint to avoid further escalation of the
situation.

Correct Answer: C) The ICC should conduct a thorough investigation to assess the validity of Maya's
complaint and gather evidence from both parties.

Feedback: Option C aligns with best practices for handling complaints of sexual harassment.
Conducting a thorough investigation ensures fairness and impartiality, allowing the committee to
make an informed decision based on evidence. It's essential to gather statements from both parties
and any witnesses to assess the credibility of the allegations and determine the appropriate course
of action. This approach upholds principles of natural justice and maintains a safe and respectful
work environment.

3.During lunchtime, Gita was ascending the stairs when she received an urgent call from home. As
she attempted to retrieve her mobile phone from her pocket, she lost her balance and was on the
verge of falling. Fortunately, Rakesh, who happened to be nearby, swiftly intervened and prevented
her from falling by holding her securely.

Although Gita avoided injury, she couldn't shake off a sense of discomfort regarding Rakesh's physical
intervention, considering they were not acquainted. Does this qualify as Sexual Harrasment?

A) Yes, it constitutes sexual harassment as Rakesh held Gita without her consent.

B) No, it does not qualify as sexual harassment since Rakesh's intention was to prevent an
accident.

C) Gita should ignore the incident as it was a reflexive reaction from Rakesh to prevent harm.

D) Gita should confront Rakesh directly and express her discomfort with his action.
Correct Answer: B) No, it does not qualify as sexual harassment since Rakesh's intention was to
prevent an accident.

Feedback: This option appropriately recognizes that Rakesh's action was a reflexive response aimed
at averting a potential accident. There was no indication of any sexual intent behind his intervention.
Additionally, the nature of the contact was brief and solely intended to prevent harm, aligning with
the context of the situation. However, if Gita continues to feel uncomfortable, she can choose to
communicate her concerns with Rakesh in a polite manner to address the issue.