Is Online Harassment Covered Under the POSH Act?

Modern work culture allows no boundaries. Now, with the introduction of work-from-home facilities and widespread use of technology, the workspace involves email correspondence, WhatsApp group messages, Zoom meetings, and other internal chat platforms. What kind of action can be taken when harassment occurs in online workspaces? What is the law's stance?

 

The provisions of the Sexual Harassment of Women at Work Act of 2013 specify the scope of harassment and clearly state that harassment that occurs online can very well be a part of that scope.

 

Is The POSH Act Applicable to Harassment on Online Platforms?

 

 

In short, the POSH Act covers all types of workplace harassment that happens through any online platform.

 

The definition of a workplace in legal terms is broad. It includes physical spaces as well as virtual spaces. Thus, the online platforms that are incorporated into the workforce are covered.

 

Therefore, harassment that takes place through any digital media is treated as a case under the POSH Act. Some common examples are:

 

●       Emails

●       Messaging apps like Slack, WhatsApp

●       Video conferencing

●       Work-related social media platforms

●       Online chat tools

 

Harassment in the above-described areas can be considered a case of the POSH Act violation.

 

What is Considered Online Harassment?

 

The POSH framework includes the following as online harassment:

 

●       Sending suggestive or inappropriate messages

●       Sending and/or posting offensive images, videos, or links

●       Making unwanted contact repeatedly

●       Making comments of a sexual nature at virtual meetings

●       Harassment/stalking within work-related digital platforms

 

If harassment is linked to a professional relationship, it will still constitute workplace harassment, even if it takes place after working hours.

 

Why Does This Matter to Employers

 

Most organisations still believe that the harassment policies only apply to within the four walls of the office. This is incorrect.

 

To achieve proper POSH compliance, organisations are required to:

●       Digitally extend their policies

●       Provide a working definition of inappropriate online conduct

●       Develop a culture of reporting harassment or sexual harassment and online abuse

The consequences of ignoring online harassment are both legal and reputational.

 

What is the Role of POSH Training for Employees

 

Regular POSH training for employees should include:

●       Real-life examples of online harassment

●       Guidelines for professional digital communication

●       Clear instructions on how to report incidents

When employees understand the boundaries of virtual spaces, the chances of misconduct are significantly minimised.

 

What Is a Company’s Responsibility When a Complaint Is Made?

 

If an employee reports online harassment,

●       The internal committee (IC) will examine digital internal committee (IC) evidence (screenshots, emails, documents, chats, etc.)

●       A formal inquiry is undertaken, just as with any other POSH (prevention of sexual harassment) complaint

●       The confidentiality surrounding a complaint will remain throughout all stages of the complaint.

 

Everything will remain the same—Only the type of evidence is different.

 

What’s the Point of POSH Compliance Filing?

 

The importance of keeping dispositional records is as valuable as the proper disposal of a complaint.

 

The disposal(s) of a complaint(s) is also of great importance to POSH compliance filing disposal records of the committee dispositional records to the committee dispositional records and to the committee dispositional records and to the committee dispositional records

 

The submission(s) of the committee report is of great importance to the submission of the committee report is of great importance to the submission(s) of the committee report to the submission of the committee report

 

This will help the organisation maintain an open book and stay within the limits of the law

 

What Companies Typically Do Wrong

 

Regarding online actions as “informal”, “casual, and outside of the policies”

 

●       Not revising policies to include online activities,

●       Not conducting regular POSH training for employees

●       Not conducting proper POSH compliance record keeping

 

This is the tip of the iceberg when the law is concerned.

 

Parting Thoughts

 

The law recognises online harassment. To be real. The POSH Act protects employees, their physical offices, and all aspects of working environments.

 

This means organisations need to revise their basic policies and implement policies to include employee training and policies regarding POSH compliance record keeping.

 

Every organisation has a responsibility to protect both the physical and virtual workplaces of employees.