Objectives:
- To indicate the social context of the problem of sexual harassment
- To describe Sexual Harassment as per law.
- To compare the national law with the international norms.
- To sensitize the students towards gender justice
Course contents:
Unit-1:
Purpose and Benefit of Course
Course Orientation
Receiving Course Credit
Course Evaluation Procedures
Unit-2:
What constitutes Sexual Harassment
Understanding sexual harassment as gender-based violence
Nature, victims, causes and impact of gender-based violence
Convention on the Elimination of All forms of Discrimination against Women (CEDAW) 1979
Human Rights Act, 1993
Discrimination (Employment and Occupation) Convention (No. 111), 1958
Indigenous and Tribal Peoples Convention (No. 169), 1989
Unit-3:
Psychology of sexual harassment and participation of women in the workplace.
Origin and Development of sexual harassment in India
Vishakha Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: comparison of compliance requirements and responsibility levels of employers and organizations
Role of employer in prevention of sexual harassment and employer’s responsibilities under-sexual harassment prevention laws
Key roadblocks for organisations in implementation of 2013 Act
Relevance of the act for employees, committee members, HR personnel, in-house lawyers, accountants and secretaries
Role and tasks of a Sexual Harassment Prevention and Workplace Diversity Expert
Unit-4:
Fulfilling the mandatory duties of employees under Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Fulfilling the mandatory duties of employees under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013
Providing necessary facilities to the member of ICC
Preparation of annual reports
Communication and training for employees
Modifying employment agreements and policy in light of anti-sexual harassment law
Sample notices for display in organizational premises Reporting and other compliances
Other statutory requirements
Consequences of violation of obligations
Non-constitution of ICC
Non-implementation the decision of the ICC
Reputation hazards for businesses in connection with sexual harassment laws
Risk mitigation of employers’ liabilities D&O and Employment Practices Liability Insurance
Anti-sexual harassment audits
Necessity and objective of a sexual harassment audit
Professionals and officers involved in an audit and their roles
Reporting and information collection systems for audit
Components of an audit
Identification of relevant scenarios where sexual harassment at work may arise
Interviews with employees and management to understand past instances of sexual harassment cases
Evaluation of existing sexual harassment redressal mechanisms in the organisation
Understanding management stance on sexual harassment is it consistent with the notion of the act
Methods for assessment of the skill-level of committee members
Checklists for conducting compliance audit
How to write audit report
Suggested format for audit report
Unit-5:
Preparatory steps in implementation
Management and employee participation / inputs to identify the needs of the organization
Explaining reputational and other risks of non-compliance and on boarding relevant officers towards legal compliance and sensitization
Developing a uniform and consistent management stance on sexual harassment
Identifying risks and objectives of the organization
Drafting a need-based sexual-harassment prevention policy
Scope of a sexual harassment prevention policy and variations
Essential elements of a sexual harassment prevention policy What constitutes Sexual harassment
Is sexual harassment gender neutral
Does the policy apply to situations not contemplated by the act Complainant’s rights and remedies available
Identifying whether the sexual harassment took place in the “workplace”
Checklist for drafting a custom-sexual harassment prevention policy 5.4 d. Drafting policies for specific cases and other related company policies
Implementation of a gender-neutral framework
Sexual harassment policies in schools and educational institutions Sexual harassment policies for hospitals and medical institutions Aligning other company policies to prevent sexual harassment
Dissemination and publicity of sexual harassment policy
Unit-6:
Knowledge components of a sensitization program – Any effective sensitization program for employees must have special information on the following topics
What acts constitute sexual harassment
What should you do in case you face sexual harassment Steps for filing a complaint and reliefs.
Under which circumstances does the act accord protection to working women
What should the defendant do in case of a complaint against him How to handle a complaint that is not genuine
How should male and transgender employees deal with sexual harassment at workplace
Implementation of workshops for sensitization
Planning a workshop
Simulation activities
How to communicate with the employees Participative decision making at workshops
Modes of sensitisation – workshop, intranet or video-conferencing Content generation for sensitization Case Studies
Evaluation techniques and frequency
Provision of take-away information kit and Sample Presentations
Unit-7:
Supreme Court Guidelines for preventing sexual harassment at the work place; Vishakha guidelines (Vishakha v. State of Rajasthan, AIR 1997 SC 3011)
Apparel Export Promotion Council v. A. K. Chopra (1999 1 SCC 759) c. Seema Lepcha v. State of Sikkim & Ors., (2013) 11 SCC 641
Medha Kotwal Lele & Ors. v. Union of India & Ors., (2013) 1 SCC 297 e. Somaya Gupta v. Jawaharlal Nehru University & Anr., (2018) SCC Online Del 10891
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Unit-8:
Constitution of ICC
Establishing ICC and selection of members
Identifying suitable external member of the ICC Terms of engagement with external members Challenges in creation of ICC
How to conduct meetings and hearings
ICC’s compliance obligations under the act Compliance obligations of ICCs
Record keeping obligations
Maintenance of confidentiality
Implementation monitoring how to ensure the organization complies with ICC’s recommendations
Employer’s duties with respect to ICC
Developing handbook for ICC members
Interface between the employer and ICC
Independence of ICC
Role of different organisational actors in tackling sexual harassment Pre-complaint employee counselling
Creating an effective complaints mechanism
Unit-9:
Responsibility of employers and employees in prevention of sexual harassment at workplace
Role of men in prevention of sexual harassment at workplace
Gender sensitive language, work culture and workplace
Unit-10:
Procedure and timelines for the ICC to decide a sexual harassment complaint
Filing complaint
Reply by the accused
Settlement
Interim measures and how to identify appropriate interim measures Enquiry process
Recommendation
Natural justice principles
Decision-making process
Notice for hearing
Oral hearing
Presentation of evidence
Recording the deposition of witness Examination and Cross-examination
Inquiry-related powers
Powers as a Civil Court
Cooperation of employer
How to enforce attendance, issue summons and attachment Guidelines on quantifying penalties
How to evaluate evidence
Final reliefs, how to write orders and reports
How to handle frivolous complaints
Handling sexual harassment complaints in government departments and public sector bodies
Unit-11:
Framework for gender-neutral implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Workplace discrimination and harassment – Indian law and standards in government and private enterprises
International Standards, Best Practices and Laws
Voluntary systems to protect employees from workplace harassment
and discrimination
Reference Books:
- LAW OF SEXUAL HARASSMENT AT WORKPLACE; PRACTICE AND PROCEDURE, AMISH TANDON.
- PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE: A GUIDE TO THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, DEEPA RAFEEQUE.
- SEXUAL HARASSMENT OF WOMEN AT WORKPLACE, ROMANA ASMAT AND SIDRA MEHBOOB, Allahabad Law Agency.