How to Conduct a POSH Investigation

• POSH

Dr. Aparna Sethi

Corporate Trainer and Author

Previously I took you through with POSH Enquiry Process and also the Trainings that should be provided to the employees such as POSH Training for Employees, POSH Training and POSH Trainer Certification. Today I will be taking you through on How to conduct a POSH Investigation.

POSH (Prevention of Sexual Harassment) investigation is a process set in place to address complaints related to sexual harassment at the workplace. The investigation must be handled sensitively, impartially, and confidentially to ensure fair treatment for all parties involved. Below is a step-by-step guide to conducting a POSH investigation:

1. Acknowledge the Complaint

• As soon as a complaint is made, acknowledge receipt promptly. This assures the complainant that their complaint will be taken seriously.
• Conduct a preliminary evaluation to ensure that the complaint falls under the purview of the POSH Act and that the issue pertains to sexual harassment.

2. Inform the Internal Committee (IC)

• The POSH Act requires organizations to have an Internal Committee (IC) to address harassment complaints. Ensure that the IC is informed and that all members are ready to conduct the investigation.
• If the organization does not have an IC, the complainant may approach external authorities like the District Officer or a legal entity.

3. Inform the Respondent

• Notify the respondent (the person against whom the complaint is made) about the complaint and the initiation of an investigation. This should be done without revealing too many details at first but ensuring fairness.

4. Collection of Evidence

• Interviews: Interview both the complainant and the respondent. Ensure that interviews are conducted separately to maintain neutrality and fairness.
• Witnesses: Identify and interview any witnesses who might have observed the incident or have knowledge of the situation.
• Documents/Records: Collect relevant documents, such as emails, messages, videos, or any other evidence that could support the complaint.
• Physical Evidence: If applicable, gather any physical evidence (e.g., videos, physical objects) related to the incident.

5. Maintain Confidentiality

• Throughout the investigation, ensure confidentiality for all parties involved. This includes the complainant, respondent, witnesses, and any details about the case. Disclosure of information can undermine the investigation process and harm the reputation of the parties.

6. Analyze and Evaluate the Evidence

• Review all the gathered evidence in a fair, unbiased, and thorough manner. Ensure that all parties’ perspectives are considered and that no judgment is made prematurely.
• Evaluate the severity of the allegations, considering factors like intent, impact on the complainant, and any pattern of behavior.

7. Make Findings and Recommendations

• After analyzing all the evidence, the IC must conclude whether the complaint is substantiated or not.
• Substantiated Complaints: If the complaint is found to be valid, disciplinary action may be recommended, ranging from warnings to termination, depending on the organization’s policies and the severity of the harassment.
• Unsubstantiated Complaints: If the complaint is not substantiated, the complainant and respondent should be informed of the findings. This should be done in a professional and respectful manner.

8. Report Preparation

• Document the investigation process, findings, and recommendations in a formal report. The report should be comprehensive, including:
  • The nature of the complaint
  • The steps taken during the investigation
  • Evidence reviewed
  • Findings and recommendations

9. Implement Action

• Based on the findings, take the necessary actions. This could include disciplinary actions for the respondent or support for the complainant.
• If disciplinary action is taken, ensure it follows the organization’s guidelines and labor laws.
• If the complainant is found to be affected, ensure they receive support, such as counselling or a change in work environment if necessary.

10. Follow-Up

• Ensure that there are follow-up measures in place to ensure no further harassment occurs.
• Check in with both the complainant and respondent after the investigation to ensure that any corrective actions taken are effective.
• Encourage an open, respectful work culture where employees feel comfortable reporting issues.

Additional Points:

• Timeliness: The POSH investigation should ideally be completed within 90 days as mandated by law.
• Neutrality: Throughout the investigation, the IC must remain impartial. Both the complainant and the respondent should be given equal opportunity to present their sides of the story.
• Legal Compliance: Ensure that the investigation complies with all local laws and the POSH Act.

Conclusion:

Conducting a POSH (Prevention of Sexual Harassment) investigation is a critical process to ensure a safe, respectful, and harassment-free workplace. The investigation must be handled with sensitivity, fairness, and confidentiality, adhering to legal requirements and organizational policies. By ensuring a comprehensive, fair, and respectful approach, organizations can foster a culture of zero tolerance for harassment and uphold employees’ rights. To understand this process and abide by it one must undergo POSH Training and POSH Trainer Certification as there will be a better understanding and will know the depth and seriousness of the situation.