How to conduct a PoSH investigation?

A PoSH investigation is a crucial aspect of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The Act establishes a legal framework for addressing and preventing workplace sexual harassment. 

The redressal body conducts the investigation process that every employer is obligated to establish in their organization. The body is called an Internal Committee (IC) and receives and handles all the complaints of workplace sexual harassment filed by women employees. Therefore, the investigation plays a vital role in ensuring a fair and safe working environment for all employees. 

In this blog post, we will delve into the key steps involved in investigating the PoSH Act, and shed light on best practices and guidelines for a thorough and effective process.

The Process of PoSH Investigation

The process of investigating the PoSH Act is quite complex. It includes several steps such as receiving the complaint, constituting the quorum of IC members, communicating with the parties involved, gathering and studying the evidence, documenting the investigation and inquiry, analyzing and making the decision, preparing the final report, and more.

All of these steps are explained in detail below:

1. Receiving the Complaint

The first step in conducting the PoSH investigation is receiving a sexual harassment complaint. It is essential to establish a robust mechanism for employees to report workplace sexual harassment promptly and confidentially. You can do this by introducing a centralized complaint reporting system and an offline complaint filing mode for members of the employee base who do not have access to emails.

Find out how our centralized incident reporting mechanism will help you streamline complaint filing

2. Constituting the Quorum

Upon receiving a complaint, the next step is to constitute a quorum from your IC members. The quorum should comprise impartial and competent individuals, including internal and external members, to ensure objectivity and fairness throughout the investigation. A Quorum should be a minimum of three members including the Chairperson, an External Member, and another member. At any point, the quorum must have a gender balance, and the ratio of female members must not exceed the male. 

3. Acknowledging the Complainant

The complainant must be provided with a formal acknowledgement, outlining their rights, the process of investigation, and suggestions for interim measures. Remember that the PoSH investigation process has a timeline of ninety working days and during the pendency of the investigation, further harassment or any other form of retaliation is prevented for the complainant. 

Get your IC trained for conducting PoSH investigations

4. Notice and Respondent’s Reply

The next step is to forward the official complaint with a detailed primer on the investigation process, and rights of the respondent, and seek their response within a specified timeframe. This is to ensure that the respondent is given the proper and rightful opportunity to provide their side of the story.

5. Studying and gathering Evidence

The quorum must then study, and if required, gather evidence to ascertain the veracity of the allegations. This involves conducting interviews with the complainant, the respondent, and any witnesses identified during the investigation. The interviews should be conducted sensitively and confidentially to encourage open and honest disclosure.

6. Documenting the PoSH Investigation Proceedings

It is crucial to maintain a detailed record of all proceedings, including interviews, statements, and any supporting documents. The Quorum should diligently document the steps taken, the evidence collected, and the findings of the investigation for future reference and transparency.

Learn why IC members must diligently document PoSH investigations

7. Fair Opportunity to be Heard

Both the complainant and the respondent should be given a fair opportunity to present their case and provide supporting evidence. The quorum should ensure that no bias or prejudice influences the proceedings, treating all parties involved with respect and impartiality.

8. Analysis and Decision-making

After considering all the evidence and statements, the quorum should analyze the information gathered to decide. The decision should be based on a careful evaluation of the facts and following the provisions of the PoSH Act.

Get your IC trained for conducting PoSH investigations

9. Issuing the Final Report

Preparing and issuing the final report is one of the most crucial steps of PoSH investigation. The quorum is responsible for preparing a comprehensive final report that includes the findings, conclusions, and recommendations. The report should be shared with the complainant, the respondent, and the appropriate authority within the organization.

10. Implementing the Recommendations

Once the final report is issued, the organization must take appropriate action based on the recommendations of the quorum. This may include disciplinary measures, counselling, training programs, or any other necessary steps to address the issue and prevent future occurrences of sexual harassment in the workplace.

11. Confidentiality and Privacy

Throughout the entire PoSH investigation process, utmost importance should be placed on maintaining confidentiality and privacy. It is vital to respect the privacy of all parties involved and ensure that sensitive information is handled securely.

Conclusion

Investigating the PoSH Act is a critical responsibility for organizations to create a safe and respectful work environment. By following a systematic and unbiased approach, organizations can ensure that complaints of sexual harassment are thoroughly investigated, and appropriate actions are taken to address the issue. 

Adhering to the guidelines and best practices outlined in this blog post can contribute to a fair and effective PoSH investigation process, ultimately fostering a culture of respect and inclusivity within the workplace.

How can Ungender help with your PoSH Investigation?

At Ungender, our team of experts conducts intensive capacity-building and training sessions for your Internal Committee that help them effectively conduct a PoSH investigation if they receive a workplace sexual harassment complaint in your workplace. 

We also have a team of in-house external members empanelled with some of India’s leading organizations. Our external members enable your IC to follow all legal guidelines and best practices while investigating PoSH. To know more about our services, get in touch with us.

Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.