Sexual Harassment can be a difficult concept to understand – conduct, words, gestures etc. which might be perfectly acceptable to some, might be considered as sexual harassment by others, especially in the context of work.

To make it clear and in simple terms, any sexual conduct that is unwelcome to the recipient can be considered as sexual harassment. Of course this might be putting it too simply, because there are other factors that need to be taken into consideration. However, the intention of the perpetrator is not one of those factors. [For more information, refer to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.]

That said, the Indian POSH Act provides ample scope and opportunity for the defendant to clarify and present their case. It is not the end of the world – and certainly not the end of your career – if you are accused of sexual harassment.

So if you are accused of sexually harassing a co-worker what should you do?

The first step is to ask for a copy of the complaint, if you haven’t received yet received it. Under the POSH Act, you are entitled to a copy along with the name of the complainant.

The next step is to take a step back. While it is instinctive to get on the defensive, it is advisable to back down and look at the claim objectively. Go over the events in your mind, carefully. Is it at all possible that someone could have construed your conduct as inappropriate or offensive? Were your behaviours completely professional? If you feel that the complaint could have arisen out of a misunderstanding, you may want to learn from the experience, admit your mistake and apologise to the complainant.

Even if you feel you are being unfairly accused and are completely innocent, it is important that you cooperate with the investigation. The Internal Committee will handle the investigation in a professional manner, following the legal guidelines, and you must do your bit to assist. When questioned speak the truth and the whole truth. Check and submit any evidence or documents you may have, to substantiate your side of the story.

Under the Indian POSH Act, the defendant does not need a legal representative, and all parties are supposed to present the case themselves. So you do not need to worry about finding and paying for a lawyer.

It is critical that you maintain confidentiality as required by Law and the company policy. The details of the complaint as well as the procedure and the names of parties involved are to remain confidential.

Do not speak to the complainant about the case outside the investigation procedure, and ensure that you do not take any action that can be considered as retaliation – maintain professional conduct with all parties concerned.

If the complaint has been made by a subordinate, it is also important that you maintain supportive documentation and business reasons for any action taken with respect to the complainant. Also, be careful not to single out the complainant in any which way – for example, if you penalise the complainant for reporting late to work, make sure others who are login late are also penalised.