Posh Law Firm in Gurgaon

Sexual Harassment: Understanding and Addressing the Issue Sexual harassment is a serious and pervasive problem that affects individuals of all genders. It can create a hostile work environment, damage mental health, and limit career opportunities. Understanding what constitutes sexual harassment and knowing the available remedies is crucial for individuals to protect themselves and create a safer environment for everyone. What is Sexual Harassment? Sexual harassment can take many forms, but it generally involves unwanted sexual advances, requests for sexual favors, or other conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include: Verbal harassment: Making sexual jokes, comments, or innuendos; using offensive or degrading language; or making unwelcome sexual advances. Physical harassment: Touching, grabbing, or making unwanted physical contact; blocking someone's path; or invading personal space. Visual harassment: Display

More than 27000 transgender people participated in a poll in 2015, and the results showed that at least 77% of them actively avoided workplace discrimination . This includes keeping their gender identities a secret, declining to request the use of their preferred pronouns by their employers and coworkers, and postponing gender transition. Transgender individuals might not be fully present at work. Because they are more likely than cisgender employees to have an uneven working environment, they could feel uneasy or alienated. Companies should begin implementing nondiscriminatory rules and procedures that are gender-specific. This entails regardless of their gender identities, defending and advancing the rights of every employee Increasing employee awareness of and acceptance of their transgender coworkers. To some extent, everyone needs to feel like they belong. It's common for us to evaluate our relationships subconsciously. We experience poor levels of self-esteem and unfavorable

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment . The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role

In today's workplace, fostering a safe, respectful, and inclusive environment is paramount. The Prevention of Sexual Harassment (Posh) at Workplace Act, enacted in India in 2013, is a significant legislative step towards ensuring such an environment. It mandates organizations to take proactive measures in preventing, prohibiting, and redressing sexual harassment at the workplace. One of the most effective ways to comply with this legislation and cultivate a positive workplace culture is through comprehensive Posh law training for employees. Why Posh Law Training is Essential Legal Compliance The Posh Act requires every organization with ten or more employees to constitute an Internal Complaints Committee (ICC) and conduct regular training sessions. Failure to comply can result in hefty penalties, damage to the organization's reputation, and a loss of trust among employees. Awareness and Sensitivity Training helps employees understand what constitutes sexual harassment, the imp

In a progressive step towards ensuring a safe and secure work environment for all employees, the Delhi High Court delivered a landmark judgment in the case of Sethunath Singh v. Ministry of Home Affairs (2018). This ruling reinforced the principle that the Prevention of Sexual Harassment (POSH) Act extends its protection to all employees, irrespective of their employment status, be it permanent, temporary, or ad-hoc. The Genesis of the Case The case arose from a petition filed by Sethunath Singh, a former ad-hoc employee of the Ministry of Home Affairs (MHA). Singh alleged that he had been subjected to sexual harassment by a superior officer during his tenure. However, when he approached the Internal Complaints Committee (ICC) constituted by the MHA, his complaint was dismissed on the grounds that he was not a permanent employee and, therefore, not covered under the purview of the POSH Act. The Pivotal Ruling The Delhi High Court took cognizance of the matter and delivered a landmark

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization. The Crux of the Case The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act. The CAG, in its defense, argued that as a constitutional body, it w