POSH Misconducts and Workplace Parties

After the Covid -19 pandemic and working from home, companies have finally started welcoming their employees back to the office. The employers, through their HRs, have also begun proactively planning their long-due corporate and team outing events. Such events are undoubtedly essential as it promotes team building and productivity of the employees. However, it is the company’s responsibility to ensure that the POSH safeguards are in place to prevent any sexual misconduct. 

The corporate or social get-together events can be both formal and informal. It may take place broadly based on the following two arrangements: 

(a) When a company sponsors and hosts an event; or

(b) When an employee sponsors or hosts an event:

-an employee hosts and invites co-workers to a public or private space.

-a group of co-workers decides to attend an externally organised event.

(a) When a company sponsors and hosts an event

In this arrangement, let’s take the example of a start-up company that has decided to celebrate its business success. They threw a party in a lounge bar for its team of employees who were a part of the project. After the party, a woman employee filed an IC complaint against a co-worker, alleging him of making sexual advances. The respondent defended, saying that his approach was personal and the IC should not interfere in his life and choices.  

The definition of the workplace cannot be put into a watertight compartment. Here, the event was sponsored and hosted by the company.  Hence, it is still easy to infer that the IC has jurisdiction over the case. Also, the incident made the individual feel uncomfortable, and the conduct was unwelcome by her. Therefore, the company bears the responsibility to look into such forms of sexual misconduct. 

(b) When an employee sponsors or hosts an event

In the second scenario, an employee hosts a housewarming party and invites co-workers. During this celebration, a colleague abruptly leaves the premise without informing anyone. After a few days, she filed a POSH complaint against another colleague, who was also present at that party. She alleged that despite disagreements, the respondent insisted that she comes along and stays over at his place once the party gets over. 

IC cannot overlook the cases on the pretext that it was a private party hosted by the employee. It must step in and examine the case based on the facts. It should give weightage to the impactful consequence of the incident on the complainant. Whether such misconduct can lead to an intimidating, offensive, or hostile work environment should be considered. Companies must note that the extended workplaces are not defined based on the agency sponsoring or hosting an event. It may vary based on the context or circumstances from case to case.

Similarly, suppose an employee and his wife organise and invite co-workers to a resort to celebrate their wedding anniversary. In such instances, the approach mentioned in the previous paragraph has to be adopted by the IC. 

Additionally, we cannot forget the virtual evening parties, birthday, and farewell events we attended throughout the Covid-19 pandemic. While some companies still continue to work remotely, professional conduct in these extended workplaces cannot be overlooked. Both the earlier mentioned scenarios shall remain relevant and applicable.  

High time for HRs to look into POSH Act and comply with it

The scenarios narrated above are only a few of their kinds. Sexual Harassment may arise in the most unpredictable circumstances and most complex workplaces. It is high time for HRs to look into POSH Act and comply with it. Compliance would safeguard the employees and prevent potential sexual harassment incidents. Awareness measures are the most effective tools in ensuring a safe and healthy work culture.  

Ungender works together with HRs and workplace leaders in organising and conducting POSH awareness sessions for their employees and the ICs. Reach out to us at contact@ungender.in.

Ungender Insights is the product of our learning from advisory work at Ungender. In our initiative to build inclusive workplaces for all individuals, we continue to educate and advise leaders on the same.