Advanced PoSH Investigation & Reporting

Prevention of Sexual Harassment (PoSH) is a critical aspect of maintaining a safe and inclusive work environment. This course dives deep into the investigation and reporting process, providing participants with the tools and knowledge needed to effectively handle PoSH complaints. It covers legal guidelines, best practices for investigation, how to maintain confidentiality, and how to ensure compliance with the PoSH Act (Sexual Harassment of Women at Workplace Act, 2013). Participants will also learn how to prepare investigation reports that meet legal requirements and organizational policies.

• To provide a detailed understanding of the PoSH Act and its role in creating a safe workplace.
• To equip participants with the skills to conduct confidential investigations into sexual harassment complaints.
• To develop the ability to create legally compliant and thorough investigation reports that meet both legal and organizational requirements.
• To explore best practices in PoSH investigation and reporting, emphasizing fairness, impartiality, and confidentiality.

• Learn the PoSH Act and its provisions for preventing and addressing sexual harassment in the workplace.
• Gain expertise in conducting sexual harassment investigations with a focus on confidentiality, objectivity, and due process.
• Understand the legal requirements for reporting and documenting investigations and the role of the Internal Complaints Committee (ICC).
• Develop the skills to create comprehensive, legally sound investigation reports that ensure transparency and accountability.
• Equip participants with the tools to create a workplace culture that supports PoSH compliance and employee safety.

Module 1: Introduction to PoSH and Legal Framework

• Understanding the PoSH Act (Sexual Harassment of Women at Workplace Act, 2013) and its role in ensuring workplace safety.
• Key definitions under PoSH: Sexual harassment, workplace, employee, and employer’s responsibility.
• The role of the Internal Complaints Committee (ICC) and its legal obligations.
• The importance of gender sensitivity, legal awareness, and workplace policies in preventing sexual harassment.
• The process for reporting harassment and the protection of employees from retaliation.

Module 2: Understanding Sexual Harassment Complaints

• Types of sexual harassment: Physical, verbal, and non-verbal harassment in the workplace.
• Understanding complaints: How they are raised and what constitutes a valid complaint.
• The importance of timely reporting: How delayed complaints can affect the investigation process.
• Initial steps: Verifying the complaint, taking immediate actions, and ensuring confidentiality.
• Ensuring sensitivity and confidentiality when dealing with the complainant and respondent.

Module 3: Investigation Process under PoSH

• The role of the investigator in PoSH cases: Qualifications, responsibilities, and ethical conduct.
• Conducting confidential investigations: How to handle sensitive information and maintain neutrality throughout the process.
• The investigation procedure: Gathering evidence, interviewing complainants, respondents, and witnesses, and maintaining a record of proceedings.
• Handling difficult situations: Managing emotional responses, intimidation, and potential bias during interviews.
• Techniques for obtaining credible evidence: Ensuring that the facts are established without coercion or undue influence.

Module 4: Legal Considerations in PoSH Investigations

• Legal rights of both the complainant and the respondent during the investigation process.
• The importance of adhering to due process and maintaining fairness in every step of the investigation.
• Legal implications of false allegations and the potential for legal action against both parties.
• Time-bound investigations: Understanding the mandatory timeline under the PoSH Act for completing investigations (within 90 days).
• Documentation and record-keeping: Best practices for maintaining a trail of evidence, investigation notes, and ensuring data privacy.

Module 5: Preparing Investigation Reports

• How to prepare a comprehensive investigation report that meets legal and organizational standards.
• Essential components of an investigation report: Summary of findings, witness statements, evidence collected, and recommendations.
• How to frame clear and objective conclusions while addressing both the complainant’s and respondent’s perspectives.
• Ensuring the integrity of the report: How to document findings without bias, based on the available evidence.
• Understanding the role of the ICC in reviewing and acting upon the investigation report.

Module 6: Post-Investigation Action and Reporting

• What happens after the investigation is completed? How does the ICC or employer implement the recommendations?
• Disciplinary actions: Determining appropriate sanctions and ensuring proportionality in response to the findings.
• Maintaining confidentiality and privacy during post-investigation actions.
• Final report submission: How to compile the report, address dispute resolution, and remediation measures.
• Employee support: Offering resources for complainants and respondents post-investigation, including counseling and mental health support.

Module 7: Case Studies and Best Practices in PoSH Investigations

• Real-life case studies of successful PoSH investigations: Challenges faced and how they were resolved.
• Lessons from poorly handled investigations: Identifying the common pitfalls and how to avoid them.
• Best practices for creating a culture of compliance and trust in the workplace.
• How ICC members and HR personnel can be trained to conduct effective investigations.
• Examples of conflict resolution and how to create effective policies for preventing sexual harassment.

• HR managers, compliance officers, and employee relations specialists.
• Internal Complaints Committee (ICC) members and investigators handling PoSH complaints.
• Corporate lawyers and legal advisors specializing in labor law and employee rights.
• Managers and executives responsible for maintaining workplace ethics and employee safety.
• Law students, academics, and professionals interested in sexual harassment law and workplace compliance.