Empowering HR: Embracing gender-neutral perspectives in PoSH complaints

In the wake of the MeToo Movement, our collective awareness of workplace sexual harassment has grown significantly. This social awakening has primarily focused on women as aggrieved and men as perpetrators. However, it is essential to recognize that workplace sexual harassment transcends gender boundaries. While such cases may seem less prevalent, they do exist, and it is time to challenge the misconception that only women can be harassed in the workplace.

This blog is for every individual who is part of a workforce, whether you are an employee, a manager, or an HR professional. By understanding that workplace sexual harassment knows no gender, we can collectively work towards a safer, more inclusive work environment. It is essential to recognize that any gender irrespective of their sexual orientation can also fall victim to harassment.

Workplaces are changing, and it is high time we understand that harassment is not selective – it can happen to anyone. By the end of this blog, you will not only grasp the importance of this topic but also discover actionable steps you can take to make your workplace safer.

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Workplace sexual harassment: It can happen to anyone

One crucial thing to understand is that workplace harassment does not discriminate based on gender. For instance, a man may subject another man to unwanted advances, using their position of power as leverage. Likewise, a woman may receive inappropriate messages from a male colleague late at night, seeking intimate details. Furthermore, a female colleague might make inappropriate compliments about a male coworker’s attire during a meeting. In all these scenarios, the aggrieved have experienced workplace sexual harassment and are entitled to seek redress.

There is a significant court case, Malabika Chatterjee vs. ICC, Vivekananda College, and Ors., which underlines this point. The Court ruled that-

“Sexual harassment, as contemplated in the 2013 Act, thus, has to pertain to the dignity of a person, which relates to her/his gender and sexuality; which does not mean that any person of the same gender cannot hurt the modesty or dignity as envisaged by the 2013 Act. A person of any gender may feel threatened and sexually harassed when her/his modesty or dignity as a member of the said gender is offended by any of the acts, as contemplated in Section 2(n), irrespective of the sexuality and gender of the perpetrator of the act.”

Also read: How to draft a Gender-neutal PoSH policy?

How can HR make your workplace safer?

Human Resources (HR) plays a pivotal role in fostering a safe and inclusive workplace for all employees. HR professionals are integral to an employee’s journey within an organization, from onboarding to departure. This constant interaction positions HR as one of the few individuals within the organization whom employees trust to share their grievances. Often, employees may approach HR with uncomfortable situations, unsure if they qualify as instances of workplace harassment. What employees seek in such moments is a listening ear and guidance without any preconceptions or biases towards their gender. HR’s response can make or break the situation. To promote and ensure this inclusivity, here are some of the actions that as an HR professional you can take:

1. Spreading awareness and education

Whenever you engage with employees, whether during onboarding, town hall meetings, or awareness programs, communicate that workplace issues are not limited to a gender binary. Share the Calcutta High Court’s perspective, emphasizing that anyone can be affected by or involved in such issues.

Zarna Trivedi, Head- Human Resources Versa Networks India, Says: 

“Promoting a gender-neutral approach to handling PoSH (Prevention of Sexual Harassment) complaints is crucial for creating a fair and inclusive workplace environment. HR leaders play a pivotal role in driving this change in perspective.

To promote a gender-neutral approach to PoSH Prevention of Sexual Harassment) complaints, HR leaders should prioritize education and training, policy review and revision, impartial investigations. They should establish anonymous reporting channels, foster a culture of respect, and collect data for continuous improvement Leadership commitment and legal compliance are key, ensuring a safe and inclusive workplace for all employees, regardless of the gender.

By taking these steps, HR leaders can help create a workplace where all employees feel safe, respected, and free from harassment, regardless of their gender. This not only promotes gender equality but also contributes to a healthier and more productive work environment.”

2. Creating safe spaces for dialogue

Ensure that every employee feels safe approaching you, regardless of their gender. If they are encountering difficulties or contributing to them, make them feel heard without presuming anything about the genders involved. Focus on facts, maintain fairness, and ensure confidentiality.

3. Implementing gender-neutral policies and procedures

Work on creating and implementing policies and procedures that are inclusive and gender-neutral. Your approach should explicitly state that PoSH situations can involve individuals of any gender.

Also read: How to address gender based discrimination in the workplace? 

Conclusion

HR professionals play a pivotal role in fostering an inclusive workplace where anyone, regardless of their gender identity, feels comfortable and secure. Our actions and attitudes can significantly impact those who turn to us for support.

As we navigate our roles as “first responders,” let us remember the importance of breaking the gender stereotype associated with PoSH. By doing so, we pave the way for workplaces that are welcoming, equitable, and safe for all. Together, we possess the power to drive positive change, ensuring that every voice is heard and every concern is addressed, regardless of gender. Let us continue the dialogue, educate ourselves and others, and strive for workplaces that truly respect and protect every individual.

At Ungender, we help companies achieve an inclusive and employee-first culture through data, law, and tech. Need help with creating an inclusive and gender-neutral PoSH policy, get in touch with us.

Written by: Pooja Poddar