Sarah had reached out to the internal committee with a complaint against her colleague Ralph. Sarah said that Ralph had been stalking her every move in the office, while also following her back home. She reported that he was spreading rumours about her dating life. The company’s IC committee took up the case under PoSH and as the investigation proceeded, the committee found out that Sarah and Ralph had been in a relationship in the past. Sarah had parted ways but Ralph wasn’t taking it well.
At the workplace when complaints of sexual harassment are filed, often cases of interpersonal harassment can also come up. In those situations, what can the Internal Committee do?
It’s very important to handle cases with utmost care. The IC should be mindful of:
- Identifying and differentiating complaints. The IC must record both instances of sexual harassment and interpersonal harassment separately.
- Understanding and differentiating between the definitions of sexual harassment (unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature) and interpersonal harassment (hostile or offensive behaviours that are not sexual in nature but can include bullying, discrimination, or verbal abuse).
Once the Internal Committee has assessed the above, it’s imperative to understand the impact of the case on the workplace. For eg: In Sarah’s case, Ralph stalking her is making her feel threatened about her physical safety. Secondly, Ralph spreading rumours about her personal life is a direct attack on her personal space, hence, making it difficult for Sarah to work.
It’s important for the IC to follow due process, which means giving necessary interim protections and making sure there’s no retaliation against the complainant.
Cases of sexual harassment at times can get very complicated to navigate. However, the law helps the organisation navigate such investigations. When cases of sexual harassment overlap with interpersonal relationships, it’s important for the Internal Committee to operate from the lens of understanding consent more clearly between the involved parties. The committee must understand when consent wasn’t given and how the person’s behaviour is creating a threatening, uncomfortable environment for the complainant to work in.