Constitution of the Internal Complaints Committee (ICC) under the POSH Act: Roles, Structure, and Responsibilities.

The Prevention of Sexual Harassment (POSH) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation.

1. Legal Mandate for the ICC under the POSH Act

Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handle complaints of sexual harassment. This obligation applies to any organization with 10 or more employees. The ICC must be constituted at every branch or office location where the employee headcount meets this threshold. Failure to constitute an ICC can lead to penalties under the law.

2. Composition of the Internal Complaints Committee

The composition of the ICC is critical to ensuring a fair and unbiased inquiry. The POSH Act provides specific guidelines regarding the appointment of members, ensuring that the committee is diverse, impartial, and capable of handling sensitive issues related to sexual harassment. The ICC should have the following members:

a) Presiding Officer (Chairperson)

• The Presiding Officer must be a woman employed at a senior level in the organization.

• If no senior woman employee is available at a particular office or branch, the employer may nominate a woman from another office or branch of the same organization.

• The selection of a woman as Chairperson ensures that female employees feel more comfortable approaching the committee with complaints of sexual harassment, considering the gendered nature of most harassment cases.

b) Internal Members

• The ICC must include at least two employees from within the organization who are committed to the cause of women or have experience in social work or legal knowledge related to women's rights.

• These members play a critical role in maintaining the committee’s sensitivity and awareness of issues surrounding gender equity, and they contribute to the decision-making process by providing their insights.

c) External Member (Third Party Representation)

• One external member, who is not employed by the organization, must be appointed to the ICC. This individual should be committed to the cause of women or possess expertise in dealing with issues of sexual harassment and knowledge of quasi judicial civil court procedure.

• The external member ensures impartiality and brings an objective, independent perspective to the inquiry process, minimizing the risk of internal bias within the organization.

d) Gender and Representation Requirements

• The law requires that at least half of the members of the ICC must be women. This requirement promotes a more gender-sensitive approach to handling complaints, making it easier for female employees to engage with the committee without hesitation.

3. Appointment Criteria and Tenure of ICC Members

a) Appointment Process

• The employer is responsible for appointing ICC members, ensuring that they meet the qualifications outlined in the POSH Act.

• The selection of members should be made with care to ensure that the committee remains neutral and credible, with a mix of seniority, expertise, and gender balance.

b) Tenure

• Members of the ICC, including the Chairperson, are appointed for a term of three years.

• At the end of their tenure, they can be reappointed or replaced by new members. The tenure ensures that the ICC operates efficiently and that there is no unnecessary turnover, which could affect the continuity of cases being handled by the committee.

c) Disqualification of Members

• The ICC must maintain objectivity and neutrality. Therefore, members with any conflict of interest in a particular case are required to recuse themselves from the inquiry.

• Members can also be disqualified if they disclose sensitive information about complaints or fail to uphold the confidentiality required during the inquiry process.

4. Roles and Responsibilities of the ICC Members

The ICC’s effectiveness depends on its ability to conduct fair, unbiased, and confidential inquiries into complaints of sexual harassment. Each member has specific roles and responsibilities that contribute to the inquiry process.

a) Presiding Officer (Chairperson)

• The Chairperson leads the inquiry process, ensuring that the complaint is handled with diligence, confidentiality, and sensitivity.

• They are responsible for scheduling meetings, overseeing investigations, and ensuring that the inquiry is conducted in compliance with the POSH Act’s procedural guidelines.

b) Internal Members

• Internal members assist in the collection of evidence, examination of witnesses, and interviews with the complainant and respondent.

• They also provide insight on the organization's culture and operational processes, helping ensure that the inquiry is relevant and fair in the organizational context.

c) External Member

• The external member's primary responsibility is to maintain objectivity and independence throughout the inquiry.

• They ensure that the internal members and the Chairperson are unbiased and that the committee follows the law and principles of natural justice.

d) Responsibilities During the Inquiry

• The ICC must begin an inquiry within 7 days of receiving the complaint and complete the inquiry within 90 days.

• Both parties must be given the opportunity to present their cases, submit evidence, and respond to the evidence submitted against them. The principles of natural justice, such as the right to a fair hearing, must be followed throughout the inquiry.

• After concluding the inquiry, the ICC is required to submit a report to the employer within 10 days. The report must include the committee's findings, conclusions, and recommended actions, including disciplinary action or compensation, if warranted.

e) Confidentiality

• The ICC is legally obligated to maintain strict confidentiality about the details of the complaint, the parties involved, and the proceedings. Breach of confidentiality by any member may lead to disqualification and legal consequences.

• Confidentiality ensures that the dignity and privacy of both the complainant and the respondent are protected, and the inquiry process is not influenced by external factors.

5. Functions of the ICC in Ensuring a Fair and Unbiased Inquiry

The ICC’s core function is to conduct a fair and unbiased inquiry into complaints of sexual harassment, adhering to the guidelines laid down by the POSH Act. To do so, the ICC must:

a) Provide Assistance to the Complainant

• Assist the complainant in filing the complaint and ensuring that their rights are protected during the inquiry process.

• Offer interim relief, such as changing work duties, granting leave, or ensuring that the complainant is not subjected to further harassment during the course of the inquiry.

b) Conduct an Impartial Inquiry

• The ICC must act independently and without prejudice. Members must set aside personal biases and focus solely on the facts and evidence presented.

• The principles of natural justice, such as giving both parties an equal opportunity to present their case, are critical to maintaining the integrity of the inquiry.

c) Make Recommendations and Ensure Follow-Up

• After concluding the inquiry, the ICC must provide recommendations on appropriate actions, such as disciplinary measures, legal recourse, or compensation.

• The employer is obligated to implement these recommendations within 60 days. The ICC must ensure that the recommendations are acted upon and that justice is served in a timely manner.

Redefining Boundaries: The Impact of Remote Work on POSH Implementation.

The global shift towards remote and hybrid work models, accelerated by the COVID-19 pandemic, has fundamentally altered the landscape of workplace interactions. This transformation has inevitably affected the implementation of the Prevention of Sexual Harassment (POSH) Act in India. As the lines between professional and personal spaces blur in virtual environments, organizations face new challenges in ensuring compliance with POSH guidelines and maintaining safe, respectful work cultures.

The Changing Nature of Workplace Harassment in Remote Settings

New Forms of Harassment

The virtual workplace has given rise to novel forms of harassment:

1. Cyber Sexual Harassment: Inappropriate messages, images, or videos shared through digital platforms.

2. Virtual Stalking: Excessive monitoring or unwanted attention through online channels.

3. Zoom-bombing: Intrusion into video calls with offensive content or behavior.

4. Inappropriate Virtual Backgrounds: Use of suggestive or offensive images in video conferences.

5. After-hours Communication: Blurred boundaries leading to harassment outside traditional work hours.

Case Study: Techno Globe Inc.

Techno Globe Inc., a software company based in Pune, transitioned to a fully remote model in 2020. Within six months, they noticed a 20% increase in reported incidents of harassment, primarily related to inappropriate digital communications and boundary violations. This led to a comprehensive review and update of their POSH policies.

Challenges in POSH Implementation for Remote Work

1. Defining the Virtual Workplace

• Legal Ambiguity: The POSH Act's definition of 'workplace' needs reinterpretation for virtual environments.

• Extended Work Hours: Difficulty in determining when an employee is 'at work' in a 24/7 connected world.

2. Monitoring and Reporting

• Limited Physical Oversight: Reduced ability to observe and intervene in potentially problematic situations.

• Digital Evidence: Challenges in collecting and verifying evidence of virtual harassment.

3. Maintaining Confidentiality

• Digital Privacy Concerns: Ensuring secure channels for complaint filing and investigation in virtual settings.

• Data Protection: Safeguarding sensitive information shared over digital platforms.

4. Training and Awareness

• Engagement Challenges: Difficulty in maintaining attention and participation in virtual training sessions.

• Cultural Sensitization: Addressing diverse cultural norms in geographically dispersed teams.

5. Investigation Process

• Virtual Interviews: Conducting sensitive discussions and gathering testimonies remotely.

• Non-verbal Cues: Missing out on important body language and facial expressions during virtual interactions.

Innovative Approaches to Remote POSH Implementation

1. Updated Policies and Guidelines

• Comprehensive Digital Conduct Policies: Clearly defining acceptable behavior in virtual workspaces.

• Remote Work Agreements: Including POSH-related clauses in remote work contracts.

2. Enhanced Digital Reporting Mechanisms

• Secure Online Portals: Implementing encrypted platforms for confidential complaint filing.

• AI-powered Chatbots: Providing 24/7 initial support and guidance for potential complainants.

3. Virtual Training and Awareness Programs

• Interactive E-learning Modules: Developing engaging, scenario-based online training.

• Micro-learning Initiatives: Regular, bite-sized digital reminders about POSH principles.

• Virtual Reality Simulations: Immersive training experiences to better understand harassment scenarios.

4. Digital Monitoring Tools

• AI-driven Content Analysis: Employing machine learning to flag potentially inappropriate communications.

• Anonymous Feedback Systems: Implementing regular pulse surveys to gauge workplace culture.

5. Remote Investigation Protocols

• Secure Video Conferencing: Utilizing end-to-end encrypted platforms for sensitive discussions.

• Digital Evidence Management: Implementing robust systems for collecting and storing digital evidence.

Case Study: Global Tech Solutions

Global Tech Solutions, a multinational IT services company, implemented a comprehensive remote POSH strategy in 2022:

1. Policy Update: They revised their POSH policy to explicitly cover virtual harassment and set clear guidelines for digital interactions.

2. Training Innovation: Introduced a gamified e-learning module on POSH, resulting in a 95% completion rate among employees.

3. Reporting App: Launched a mobile app for easy and confidential reporting of incidents, leading to a 30% increase in reported cases.

4. Virtual ICC: Trained their Internal Complaints Committee on conducting remote investigations effectively.

5. Awareness Campaign: Ran a month-long digital awareness campaign, including daily tips, webinars, and a company-wide virtual pledge against harassment.

Results: Six months post-implementation, Global Tech saw a 40% increase in POSH awareness (measured through surveys) and a 25% decrease in reported incidents.

Legal and Ethical Considerations

1. Data Privacy Laws: Ensuring POSH implementation aligns with data protection regulations (e.g., GDPR, India's proposed Personal Data Protection Bill).

2. Cross-border Implications: Addressing jurisdictional issues for companies with internationally distributed remote teams.

3. Employee Monitoring Ethics: Balancing the need for oversight with respect for employee privacy in home-office settings.

4. Inclusive Policies: Ensuring POSH policies are inclusive and considerate of diverse home situations and cultural backgrounds.

Best Practices for Remote POSH Implementation

1. Regular Policy Reviews: Continuously update POSH policies to address emerging challenges in remote work.

2. Technology Integration: Leverage secure, user-friendly digital tools for reporting, training, and investigations.

3. Cultural Sensitivity Training: Provide training on respectful cross-cultural communication in virtual settings.

4. Clear Communication Channels: Establish and communicate clear pathways for seeking help or reporting incidents.

5. Leadership Modeling: Ensure leaders consistently demonstrate appropriate online behavior and reinforce POSH principles.

6. Holistic Well-being Approach: Integrate POSH initiatives with broader employee well-being programs to create a supportive remote work culture.

The Future of POSH in Remote Work Environments

As remote and hybrid work models continue to evolve, POSH implementation must adapt accordingly. Future trends may include:

1. AI-driven Preventive Measures: Advanced algorithms to predict and prevent potential harassment scenarios.

2. Blockchain for Complaint Management: Ensuring transparent, tamper-proof recording of complaints and investigations.

3. Virtual Reality for Empathy Training: Using VR to create immersive experiences that build empathy and understanding.

4. Global Standardization: Development of international standards for POSH implementation in virtual workplaces.

5. Integration with Digital Work Platforms: Seamless incorporation of POSH principles into everyday digital work tools.

Expanding POSH: The Push to Protect India's Informal Workforce.

The Prevention of Sexual Harassment (POSH) Act of 2013 marked a significant milestone in India's journey towards safer workplaces. However, a glaring gap remains in its coverage: the informal sector. With an estimated 90% of India's workforce employed in informal settings, the need to extend POSH protections to this vast and vulnerable population has become a pressing concern.

The Current Landscape

The Informal Sector in India

India's informal sector encompasses a wide range of occupations, including:

• Domestic workers

• Street vendors

• Agricultural laborers

• Construction workers

• Home-based workers

These workers often lack formal contracts, social security benefits, and legal protections, making them particularly vulnerable to exploitation and harassment.

Limitations of the Current POSH Act

The POSH Act, in its current form, is primarily designed for formal workplaces. It mandates the formation of Internal Complaints Committees (ICCs) in organizations with 10 or more employees. However, this structure is ill-suited to the realities of the informal sector, where:

1. Workplaces are often unstructured or mobile

2. Employer-employee relationships can be ambiguous

3. Workers may have multiple employers or work independently

The Case for Expansion

Vulnerabilities in the Informal Sector

Informal workers, especially women, face heightened risks of sexual harassment due to:

1. Power imbalances with employers or clients

2. Lack of job security

3. Limited awareness of rights

4. Absence of formal complaint mechanisms

5. Fear of retaliation or job loss

Potential Benefits of Expansion

Extending POSH to the informal sector could:

1. Provide legal recourse to millions of vulnerable workers

2. Raise awareness about sexual harassment in diverse work settings

3. Encourage the formalization of certain informal sectors

4. Align India with international labor standards

5. Contribute to broader goals of gender equality and worker dignity

Challenges in Implementation

Expanding POSH to the informal sector is not without its challenges:

1. Defining the Workplace: How to delineate workplaces in fluid, unstructured settings?

2. Identifying Employers: Who bears responsibility in cases of multiple or ambiguous employers?

3. Creating Complaint Mechanisms: How to establish accessible and effective reporting systems?

4. Ensuring Awareness: How to reach and educate a diverse, often dispersed workforce?

5. Enforcement: How to monitor compliance and enforce regulations in informal settings?

Proposed Solutions and Ongoing Discussions

Legal Frameworks

1. Broadening Definitions: Expanding the legal definition of 'workplace' and 'employee' to encompass informal settings.

2. Sector-Specific Regulations: Developing tailored guidelines for different informal sectors (e.g., domestic work, street vending).

Complaint Mechanisms

1. Local Committees: Strengthening and expanding the role of Local Complaints Committees (LCCs) to serve informal workers.

2. Mobile Reporting: Implementing user-friendly mobile apps for complaint filing and tracking.

3. Helplines: Establishing dedicated helplines for informal sector workers to report harassment and seek guidance.

Awareness and Education

1. Grassroots Campaigns: Collaborating with NGOs and community organizations for on-the-ground awareness programs.

2. Media Outreach: Utilizing radio, television, and social media for widespread dissemination of information.

3. Union Partnerships: Engaging with informal sector unions to integrate POSH awareness into their activities.

Enforcement Strategies

1. Community Vigilance: Empowering local communities to monitor and report violations.

2. Inter-agency Cooperation: Fostering collaboration between labor departments, police, and social welfare organizations.

3. Incentive Structures: Developing incentives for informal sector employers to comply with POSH guidelines.

Case Study: Domestic Workers in Mumbai

To illustrate the potential impact of POSH expansion, consider the ongoing pilot project in Mumbai targeting domestic workers:

1. Initiative: The Maharashtra State Commission for Women, in collaboration with local NGOs, launched a POSH awareness and implementation program for domestic workers in select Mumbai neighborhoods.

2. Approach: 

o Door-to-door awareness campaigns

o Formation of neighborhood watch committees

o Mobile app for anonymous reporting

o Partnerships with resident welfare associations

3. Challenges Faced: 

o Resistance from some employers

o Language barriers in communicating with migrant workers

o Difficulty in follow-up due to high worker mobility

4. Early Results: 

o Increased awareness among both workers and employers

o Rise in reported cases, indicating growing trust in the system

o Some informal employers proactively adopting POSH-like policies

5. Lessons Learned: 

o The critical role of community engagement

o Need for continuous, multi-lingual communication

o Importance of protecting workers from retaliation

The Road Ahead

Expanding POSH to cover India's informal sector is a complex but necessary endeavor. It requires a multi-pronged approach involving legal reforms, innovative implementation strategies, and a shift in societal attitudes.

As discussions continue, key considerations include:

1. Balancing comprehensive protection with practical implementation

2. Ensuring that expansion efforts don't inadvertently push informal work further into the shadows

3. Addressing intersectional vulnerabilities (e.g., caste, migration status) in policy design

4. Leveraging technology while ensuring accessibility for all

5. Fostering a culture of respect and dignity that transcends formal legal frameworks

By addressing these challenges and learning from pilot initiatives, India has the opportunity to pioneer a more inclusive approach to workplace safety, potentially setting a global standard for protecting vulnerable workers

Navigating POSH Implementation: Challenges for Small and Medium Enterprises in India.

In the decade since the implementation of the Prevention of Sexual Harassment (POSH) Act of 2013, India has made significant strides in addressing workplace harassment. However, while large corporations have largely adapted to the new regulatory environment, Small and Medium Enterprises (SMEs) continue to grapple with the complexities of implementing POSH guidelines effectively.

The POSH Predicament for SMEs

SMEs, which form the backbone of India's economy, often find themselves in a precarious position when it comes to POSH compliance. The challenges they face are multifaceted:

1. Limited Resources: Unlike their larger counterparts, SMEs often operate on tight budgets, making it difficult to allocate funds for POSH-related initiatives.

2. Lack of Awareness: Many SME owners and employees are not fully aware of the POSH Act's requirements and their rights and responsibilities under it.

3. Informal Work Culture: The often close-knit, informal nature of SMEs can make it challenging to implement formal complaint mechanisms.

4. Inadequate Training: SMEs may struggle to provide comprehensive POSH training to their employees due to time and resource constraints.

5. Fear of Reputational Damage: Some SMEs worry that acknowledging the need for POSH compliance might suggest pre-existing issues, potentially damaging their reputation.

Case Study: Tech Innovations Pvt. Ltd.

To illustrate these challenges, let's examine the case of Tech Innovations Pvt. Ltd., a software development startup based in Pune with 45 employees.

Background

Tech Innovations was founded in 2018 by two college friends, Amit and Priya. As the company grew, they realized the need to implement POSH guidelines but were unsure where to begin.

Challenges Faced

1. Cost Concerns: The company was operating on a bootstrap budget, and the founders were hesitant to allocate funds for POSH implementation.

2. Lack of Expertise: Neither Amit nor Priya had experience in HR policies or legal compliance.

3. Informal Culture: The company prided itself on its casual, friendly work environment. There were concerns that formal POSH mechanisms might disrupt this culture.

4. Time Constraints: With tight project deadlines, finding time for POSH training seemed daunting.

Solutions Implemented

1. Collaborative Approach: Tech Innovations partnered with two other local startups to share the cost of hiring a POSH consultant.

2. Online Resources: The company utilized free online resources and webinars to educate themselves about POSH requirements.

3. Phased Implementation: They adopted a phased approach, starting with essential policies and gradually expanding their POSH framework.

4. Culture Integration: POSH principles were integrated into the company's core values, presenting it as an extension of their commitment to respect and professionalism.

5. Micro-learning: Short, weekly team discussions on POSH topics were introduced, fitting into the company's existing meeting structure.

Outcomes

While initial implementation was challenging, Tech Innovations saw positive results within six months. Employee feedback indicated a greater sense of security and professionalism in the workplace. The company's proactive approach to POSH also became a selling point when recruiting new talent.

The Way Forward

The case of Tech Innovations demonstrates that with creativity and commitment, SMEs can overcome the challenges of POSH implementation. However, for widespread adoption, several systemic changes are needed:

1. Government Support: Subsidies or tax incentives for SMEs implementing POSH measures could ease the financial burden.

2. Simplified Guidelines: Development of sector-specific, simplified POSH guidelines tailored for SMEs.

3. Awareness Campaigns: Targeted awareness programs for SME owners and employees about the importance and benefits of POSH compliance.

4. Collaborative Platforms: Encouraging SMEs to form clusters for shared POSH resources and best practices.

5. Technology Solutions: Development of affordable, user-friendly digital tools for POSH training and complaint management.

By addressing these challenges and learning from success stories like Tech Innovations, India can ensure that the protections offered by the POSH Act extend effectively to all workplaces, regardless of their size or resources.

What is Sexual Harassment and Remedies

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: Displaying sexually suggestive images or posters, or making offensive gestures.

Remedies for Sexual Harassment

If you or someone you know has experienced sexual harassment, it's important to know that there are steps you can take to address the situation and seek justice. Here are some possible remedies:

Internal Complaint Procedure: Many workplaces have internal complaint procedures for reporting sexual harassment. This may involve filing a formal complaint with a designated person or department within the company.

Equal Employment Opportunity Commission (EEOC): If you believe you have been discriminated against based on your sex, you can file a complaint with the EEOC. The EEOC will investigate your claim and may take legal action against your employer.

Lawsuit: In some cases, individuals who have been sexually harassed may file a lawsuit against their employer. This can be a complex process, so it's important to consult with an attorney.

Mediation or Arbitration: In some cases, parties may agree to resolve a sexual harassment dispute through mediation or arbitration. This can be a more informal and less adversarial process than going to court.

Prevention and Support

Preventing sexual harassment requires a comprehensive approach that involves education, awareness, and a commitment to creating a safe and respectful workplace. Here are some steps that can be taken:

Training and Education: Provide training to employees on what constitutes sexual harassment, the company's policies on harassment, and the consequences of violating those policies.

Clear Policies: Develop and implement clear policies that prohibit sexual harassment and outline the consequences for violating those policies.

Open Communication: Create an environment where employees feel comfortable reporting incidents of harassment without fear of retaliation.

Support Resources: Provide employees with access to support resources, such as counseling or legal assistance.

Steps that HR Department Must take To Prevent Sexual Harassment At Work.

A large portion of the workplace in India is plagued by the problem of sexual harassment. In order to prevent it, businesses should take precautions, and they should also be prepared to address it if it does. The HR department is in charge of making sure compliance. To make the workplace safe for employees, they can implement Posh rules and take the ten steps listed below.

HR should make sure that the business has several reporting options, including anonymous reporting, for sexual harassment. They must also ensure that the staff is aware of these options, whatever they may be.

A human resources professional must understand that harassment can affect anyone, regardless of gender, sexual orientation, or other identifiers. Many LGBTQ employees are especially susceptible to harassment, whether it be sexual or otherwise. Sexual harassment can happen to anyone, even straight males in powerful positions inside the organisation. Every report should be taken seriously, and every investigation should start with the purpose of learning the truth rather than working backwards from a presumptive conclusion. If there is one thing that HR departments want, it is to be viewed as "the good policemen" rather than another barrier. 

The Posh policy must cover bystander training. This might be a good way to raise issues before they become outright harassment. It's a more recent idea, but college campuses have begun applying it to prevent sexual assault. Employees who have received bystander training are taught when and how to step in to stop harassment. It can counteract what is referred to as "the bystander effect," when individuals are less likely to intervene in a quarrel when others are present because they assume others will do so first. Now, it is up to HR to provide employees with the confidence and security they need to step in during a conflict.

Retaliation And Sexual Harassment at Workplace?

71% of women fail to report incidences of sexual harassment at work, according to a 2015 survey. Only 68.9% of Indian women who experience sexual harassment report their experiences to the Internal Committee (IC) or management, according to a 2017 survey by the Indian National Bar Association (INBA).

Retaliation is a tactic used to ridicule, humiliate, and spread rumours about the sexual harassment victim. When an employee reports sexual harassment in the workplace, the company may take action against them. Retaliation is any negative employment action that involves "exerting power." Demotion, wage reduction, job transfer, and termination are a few examples.

For fear of retaliation, many women choose not to report sexual harassment at work. The victim may be the target of reprisals from the accused or the organisation. In fact, studies has shown that businesses frequently devalue sexual harassment. As a result, the victim faces hostility and reprisals.

The organization's environment affects how it reacts to reporting. If the organisation backs the reporter, retaliation can be restrained. If a reporter receives more backing from the organisation, especially the management, they are less likely to face reprisals. An indication of this support is the work being done to substantiate the claims and address the complaint. The organization's intolerance of sexual harassment helps the support even more.