Capacity Building Program on the law against Sexual Harassment at Workplace

Introduction

In today’s world, having a trained Internal Committee (IC) which is aware of its role & responsibilities and duties is not only important for ensuring successful redressal of complaints of sexual harassment but also for promoting equal opportunity and contributing towards creation of a healthy work environment which thrives on respect, diversity and inclusion and is free from harassment & discrimination. This Program is designed for current & potential IC Members with a vision to:

• Create more awareness about their role & responsibilities;
• Arm them with information, guidance and practical tools necessary to perform their duties; and
• Assist them in navigating the challenges of the new technology age

Some of the Things to Look Out for:

• In case of lack of documentary evidence or witness, can sole testimony of complainant be relied upon?
• What is IC’s responsibility if the complaint is regarding discrimination based on sex?
• Can IC give its views on internal policies (other than POSH) and choices of an employee?
• Case studies for discussing practical challenges & solutions
• Red Flags: Common lapses & Practical Tips

This Program will not only cover the topic from a legal lens but also cover psychological aspects and finer nuances that could be grey areas and arise as practical challenges.

This will ensure that IC members are able to contribute more effectively with fuller knowledge and holistic understanding of their role. Further, the program will be attended by participants from different industries and their experience sharing will lead to collaborative learning & networking.

Programme

9:30 a.m. – 9:45 a.m.

Registration & Tea

9:45 a.m. – 10:00 a.m.

Welcome Address 
Mr. Sandeep Khosla, Director General, Bombay Chamber

10:00 a.m. – 10:30 a.m.

Introductory Remarks
Ms. Attreyi Mukherjee, Senior Corporate Counsel, Tata Industries Ltd. Co-Chairperson, Legal Affairs & IPR Committee, Bombay Chamber

10:30 a.m. – 11:30 a.m.

Adv. Shivangi Prasad (She/Her)
Author & Co-Founder, Equilibrio Advisory LLP Counsel, Legal Audit & Compliance Advisor & Trainer (POSH, POCSO, TPA, ADAH), Cisgender Heterosexual Ally

Introduction to ‘Sexual Harassment’ and Finer Nuances related to the Same

• Understanding the term ‘Sexual Harassment’ along with its finer nuances
• In the current social media world, what kind of challenges come up for IC?
• Consent, Sexual harassment & relationships
• Power vs. Assertiveness
• Intent vs. Impact: Context & Scenarios
• Flirting: healthy or harmful?
• Sexual harassment vs. sex discrimination: is there a difference?

11:30 a.m. – 11:45 a.m.

Coffee and networking

11:45 a.m. – 1:00 p.m.

‘Complainant’ & ‘Respondent’ and related Nuances

• What does workplace mean? Does it cover electronic communications? Does it cover unofficial employee gatherings? What do Courts say?
• Who can file a complaint? Does POCSO Law have any role?
• Can transgender persons complain? Does Transgender Persons Law have any role?
• Is it illegal to accept complaints from men? What is the process to be followed?
• Against whom can you receive complaints?
• What if complaints are raised against outsiders?
• What if an employee of another organization is working on deputation or on contract and raises a complaint against someone from your organization?
• Tracking respondents with respect to online instances?
• What if there are multiple Complainants & Respondents?
• Can parties be of same gender? What do Courts say?

1.00 p.m. – 1:45 p.m.

Lunch and networking

1.45 p.m. – 3:00 p.m.

Understanding the Redressal Mechanism

• Process of Conciliation & things to keep in mind
• Process of Inquiry – how and what to ask?
• Evidence: What is admissible, What is NOT?
• Witness: How to examine and cross-examine?
• Principles of natural justice: what does that mean for IC?
• Recording statements and summarizing statements: Method and pointers to keep in mind
• Timelines and meeting timelines – How to deal with delays?
• Service rules and standing orders, drafting of charge sheet and representation for the Respondent as per service rules.
• Confidentiality related common day challenges and how to deal with them?
• Handling difficult situations – such as party or parties seeking change in composition of IC members, Filing of defamation cases, IC discovering other administrative concerns or ethical violations during inquiry etc.
• What to do if you as an IC member disagree? Group dynamics within IC and working together.

3:00 p.m. – 3:15 p.m.

Coffee and networking

3:15 p.m. – 4:30 p.m.

Inquiry report, challenges & do’s & don’ts 

• Discussion on malicious complaints
• Can IC take any steps if there is no evidence?
• Is sole testimony of victim enough?
• Findings Report
• Discussion on preparation of an inquiry report along with recommendations
• Proportionality & recommendations – How does the IC determine the same?
• Drafting of inquiry report
• Red Flags: Common lapses & Tips
• Do’s & Don’ts

4:30 p.m.

Vote of Thanks

Participation Fee :

Cheque /Demand Draft should be drawn in favor of “BOMBAY CHAMBER OF COMMERCE AND INDUSTRY”

Contact Details :

Mr. Ganesh R.
Email : ganesh.r@bombaychamber.com
Tel : 61200218