Workplace Harassment Under POSH: A Step-by-Step Case Study for HR Leaders.
Workplace harassment remains a serious concern, and the POSH Act offers a clear process to address it. This step-by-step case study explains how HR leaders and employers can handle complaints fairly, protect dignity, and ensure legal compliance.
Why POSH Matters in Every Workplace
Workplace safety is not just about fire exits, safety drills, or first-aid kits. True safety also includes emotional security, dignity, and respect. Yet, many workplaces still struggle with harassment, which not only damages employee morale but also erodes trust and productivity.
Recognizing this, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. This law ensures that women have the right to work in a safe environment, free from any form of harassment.
The Act makes it mandatory for every organization with 10 or more employees to form an Internal Complaints Committee (ICC) and follow a structured, fair process for complaints. Importantly, it draws strength from the Vishaka judgment of 1997, where the Supreme Court issued the first guidelines to protect women against workplace sexual harassment.
To understand how this plays out in practice, let’s walk through a step-by-step case study. This example, enriched with real case references, demonstrates how HR leaders and employers can handle harassment complaints correctly and responsibly.
Also Read: How to File a POSH Complaint in India: Step-by-Step Guide
The ICC’s Role and Legal Principles
At the heart of the POSH framework lies the Internal Complaints Committee (ICC). The ICC is not just a compliance requirement—it is the body that upholds fairness, protects dignity, and ensures justice.
Courts have repeatedly stressed that ICCs must operate with neutrality, professionalism, and integrity. Members should have no conflict of interest, and every ICC must include an external member from an NGO or women’s rights group to bring independence to the inquiry.
An effective ICC process involves:
Giving both parties a full and fair opportunity to present their case.
Maintaining confidentiality at all stages.
Protecting the complainant against retaliation.
Writing a clear, reasoned report that can withstand legal scrutiny.
Employers play a parallel role: they must provide training, resources, and institutional support to the ICC. When this system works well, it not only ensures compliance but also builds employee confidence in the organization’s fairness.
The Case: Meera vs. Ravi
Background:
Meera works in production at a mid-sized manufacturing company.
Ravi, her immediate boss, supervises her daily work.
Before diving into the case, it’s important to understand what sexual harassment means under the POSH Act. The law defines it as any unwelcome behavior, whether verbal, physical, or non-verbal, that is sexual in nature. This includes:
Physical contact or advances.
Requests for sexual favors.
Sexually colored remarks or jokes.
Showing pornography.
Any conduct that creates a hostile, intimidating, or offensive work environment.
In simpler terms, if an employee feels unsafe, disrespected, or uncomfortable due to another person’s behavior, it may amount to sexual harassment.
The incident:
Over time, Ravi begins making unwelcome remarks about Meera’s appearance, cracks suggestive jokes, and invades her personal space. Initially, Meera tries to ignore it out of fear of retaliation. But one evening, Ravi blocks her path and makes an inappropriate comment in front of colleagues. Humiliated, Meera decides she cannot remain silent any longer and submits a formal complaint to the company’s ICC.
This sets the POSH framework in motion.
Recommended Read: POSH Act 2025: The Ultimate HR Guide
Step 1: Receiving the Complaint
The ICC acknowledges Meera’s written complaint within two days and records it in a confidential register.
By law:
The ICC must send a copy of the complaint to Ravi within 7 days.
Ravi must submit his written response within 10 days.
This ensures due process for both parties.
👉 Case Reference: Medha Kotwal Lele vs. Union of India (2012) – the Supreme Court directed that complaints must be acted upon immediately, without unnecessary delay.
Step 2: Employer’s Immediate Duties
The employer’s responsibility begins the moment a complaint is filed. They must:
Assure Meera that her job and dignity are protected.
Provide her the option of a temporary transfer or leave if she feels unsafe.
Issue a directive preventing Ravi from contacting or influencing Meera.
These measures are crucial, as many women withdraw complaints due to fear of backlash.
👉 Case Reference: Dr. Punita K. Sodhi vs. Union of India (2010) – the court stressed that protecting complainants from retaliation is a non-negotiable employer duty.
Step 3: ICC Preliminary Inquiry
The company’s ICC is properly constituted with a female Presiding Officer, two employee members, and one external member.
The committee first verifies that the complaint falls under the POSH Act’s definition of sexual harassment. Once confirmed, they schedule hearings, giving both Meera and Ravi equal opportunity to be heard.
👉 Case Reference: Ruchika Singh Chhabra vs. Air France India (2018) – the Delhi High Court recognized that ICCs have powers similar to a civil court, including examining witnesses and reviewing documents.
Step 4: Evidence Gathering
The ICC gathers evidence through multiple sources:
Meera submits WhatsApp messages showing late-night texts from Ravi.
CCTV footage shows Ravi standing too close during work instructions.
Two colleagues testify they witnessed Ravi’s inappropriate jokes.
Ravi denies all charges and submits call records in his defense.
The ICC carefully weighs each piece of evidence, recognizing that harassment cases often rely on circumstantial and testimonial proof.
👉 Case Reference: Shanta Kumar vs. CSIR (2015) – the court clarified that repeated unwelcome behavior, even without physical contact, amounts to harassment.
Step 5: Confidentiality and Timelines
Confidentiality is a cornerstone of POSH inquiries. Any leak of information can retraumatize the complainant and expose the employer to liability.
Strict timelines under POSH:
Complete inquiry within 90 days.
Submit the final report to the employer within 10 days of conclusion.
Employer must act within 60 days of receiving the report.
👉 Case Reference: Jaya Kodate vs. Nagpur University (2014) – the court ruled that unexplained delays can undermine the credibility of an inquiry.
Step 6: ICC Findings
After reviewing all evidence, the ICC concludes that Ravi’s behavior qualifies as sexual harassment.
Recommendations in this case:
Suspend Ravi for three months without pay.
Require a written apology to Meera.
Mandate behavioral and sensitivity training for Ravi.
Conduct refresher POSH training across the company.
It is important to note that the POSH Act empowers the ICC to recommend a range of disciplinary actions depending on the severity of the misconduct. These may include:
Termination of employment in severe or repeated cases.
Demotion or reduction of rank.
Punishment transfer to another department or location to prevent further contact.
Withholding promotions, pay increments, or bonuses.
Issuing formal warnings or reprimands.
Mandatory counseling or rehabilitation measures.
👉 Case Reference: Union of India vs. K.K. Dhawan (1993) – the Supreme Court held that employers must implement disciplinary recommendations of such inquiries.
Step 7: Employer’s Role in Implementation
The employer immediately acts on the ICC’s recommendations:
Ravi is suspended and formally warned.
HR conducts a POSH refresher workshop for all supervisors.
A record of the incident is added to Ravi’s personnel file.
Such swift action demonstrates the company’s commitment to fairness and compliance.
Step 8: Outcome of the Case
For Meera: She feels heard, supported, and secure in her workplace.
For Ravi: The disciplinary action sends a strong warning that misconduct has real consequences.
For the Employer: Transparent handling prevents legal escalation and strengthens employee trust.
👉 Case Reference: Apparel Export Promotion Council vs. A.K. Chopra (1999) – the Supreme Court held that even an attempt at harassment is punishable.
DOWNLOAD: EMPLOYER QUICK CHECK LIST FOR POSH COMPLIANCE.
Step 9: HR and Legal Learnings
This case highlights critical lessons for HR leaders and employers:
Document Every Step – from complaint receipt to final action.
Act Without Delay – inaction or delays discourage victims and weaken cases.
Maintain Confidentiality – to protect dignity and trust.
Follow Timelines – 7, 10, 90, and 60-day deadlines are binding.
Ensure Fairness – support both complainant and respondent during inquiry.
Train Continuously – proactive awareness prevents incidents.
The HR Professional’s Role
Managing the situation: HR acts as the bridge between the complainant, the ICC, and management. They must create a safe space for reporting, ensure both parties feel heard, and prevent retaliation.
Policy implementation: HR is responsible for enforcing the POSH policy, ensuring it is well-communicated, and integrating it into onboarding, training, and performance management.
Legal compliance: HR must track timelines, ensure ICC processes meet statutory requirements, and prepare records in case of scrutiny by labor authorities or courts.
Employee assurance: Beyond legal compliance, HR must reassure employees that complaints will be treated with sensitivity, fairness, and confidentiality. This builds trust in the system.
Continuous improvement: HR should analyze cases to identify gaps in workplace culture or processes and recommend preventive measures, including refresher training and policy updates.
By actively owning these responsibilities, HR not only supports compliance but also strengthens the organization’s culture of respect and fairness.
Recommended Read: Managing Toxic Work Culture in Indian Corporates.
Final Thoughts
The case of Meera vs. Ravi demonstrates how the POSH Act provides a structured and fair framework for addressing workplace harassment. Court precedents further reinforce that employers and HR leaders cannot afford to take such issues lightly.
For HR leaders, the message is clear:
Treat every complaint of sexual harassment with utmost seriousness.
Keep your Internal Complaints Committee (ICC) active, trained, and unbiased.
Build a workplace culture where employees feel safe, respected, and empowered to speak up.
Ultimately, POSH compliance is not just about avoiding legal penalties—it is about safeguarding employee dignity, ensuring workplace fairness, and fostering an inclusive environment. When HR and management work together to strengthen the ICC process and create awareness, they not only protect the organization legally but also build long-term trust and productivity among employees.
FAQs on Workplace Harassment Under POSH.
1. What is workplace harassment under the POSH Act?
Workplace harassment under the POSH Act includes any unwelcome conduct such as physical advances, sexually colored remarks, requests for sexual favors, showing pornography, or creating a hostile work environment. It doesn’t have to be physical—verbal or non-verbal behavior that makes a woman feel unsafe, disrespected, or intimidated also qualifies.
2. How does the POSH Act define sexual harassment at work?
The POSH Act defines sexual harassment broadly to cover physical, verbal, and non-verbal conduct. Examples include inappropriate jokes, unwanted touching, repeated comments on appearance, or messages that cause discomfort. Even a single incident, if serious, can be considered harassment under the law.
3. What are the duties of an employer under POSH?
Employers must set up an Internal Complaints Committee (ICC), display POSH awareness posters, conduct training programs, ensure confidentiality, and protect complainants from retaliation. They must also act on ICC recommendations within 60 days.
4. How does the Internal Complaints Committee (ICC) handle complaints?
The ICC acknowledges complaints in writing, shares a copy with the respondent within 7 days, conducts hearings, gathers evidence, and completes the inquiry within 90 days. The ICC then submits a detailed report to the employer, recommending disciplinary action if required.
5. Can men also file complaints under the POSH Act?
No, the POSH Act specifically protects women at the workplace. However, male employees or others can seek redressal under company grievance policies or other workplace laws if they face harassment. Many organizations extend POSH-like protections to all genders as part of their internal policies.
6. Can a victim take lawyer support during the ICC inquiry?
No, the POSH Act does not permit lawyers to represent either party during ICC inquiries. The intent is to keep the process less formal and less intimidating than a court trial. However, both parties may seek legal advice outside the proceedings to understand their rights and prepare their statements.
7. If the ICC recommendations favor the victim, can she still approach the judiciary?
Yes. Even if the ICC recommends action in favor of the victim, she has the right to approach the judiciary if she feels the employer has not implemented the recommendations properly, or if she seeks further legal remedies like compensation or criminal action. Courts and labor authorities remain open avenues of redressal.