A sexual harassment complaint is a sensitive issue involving legal implications of the PoSH act. Handling your first sexual harassment complaint as an Internal Committee (IC) member can be quite overwhelming.
Here are a few things to keep in mind after receiving a sexual harassment complaint:
- Evaluate whether the complainant comes under your jurisdiction. Which means, to check whether it’s a complaint of “sexual harassment”. As an IC, you can only take up complaints which are acts of “unwelcome verbal, visual or physical conduct of a sexual nature.”
- Determine whether it’s a case of — “hostile work environment” or a “quid pro quo” form of harassment.
- Time bound response: you have to act in a swift manner, the goal of your investigation should be to end the harassment and give redressal to both the parties involved.
- Make sure you have the interview templates ready when you conduct the interview. The aim of the interview is to determine the facts. Ensure you make no assumptions about either party involved.
- Do not ask any leading questions while interviewing. Your questions should be tailored to meet the specific circumstances of the situation.
- Documentation of the interview process is imperative. Ensure you have made signed copies of all documents including evidence executed.
- It is important to take note of how you conduct yourself during the interview and the investigation.You must maintain professionalism and uphold confidentiality. Do not disclose any details of the complaint to anyone else. Reserve your judgment, be responsive and intuitive.
- Do not act passionately towards any statement that you might come across during the interview. It is possible that you might feel emotional or triggered during the process. However, the investigation requires you to act from a neutral ground.
The job of the internal committee is very important. You have been enshrined by the law to participate in the process of justice. It is pertinent to remember the impact of your recommendations. The way an investigation will be carried out affects the company culture and it’s reputation.