Sexual Harassment at workplace vs. Workplace Bullying—and How to Stop It
This guide explains the difference between Workplace bullying and sexual harassment at workplace, your legal rights, and practical steps for prevention at work.
Sexual Harassment vs. Workplace Bullying: What’s the Difference?
- Workplace bullying is repeated intimidating, humiliating, or undermining behaviour. It’s harmful and must be addressed by company policy, but it is not specifically defined in Indian statutes.
- Sexual harassment is illegal under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—“POSH Act.” It covers any unwelcome act of a sexual nature that creates a hostile work environment or involves quid-pro-quo.
What Counts as Sexual Harassment?
Examples include:
- Unwanted physical contact/advances, requests for sexual favours
- Sexually coloured remarks, showing pornography
- Any unwelcome physical, verbal, or non-verbal conduct of a sexual nature
- Conduct that promises preferential treatment or threatens adverse treatment, or interferes with work/creates a hostile environment.
Who Is Covered? What Is a “Workplace”?
The POSH Act protects women in any workplace—employees (full-time/part-time), trainees, interns, clients/visitors—across offices, field sites, transport provided by the employer, and even virtual/remote settings as interpreted in practice.
Your Rights and Timelines (POSH)
- Complaint should be filed in writing within 3 months of the incident to Internal Committee (IC).
- Every employer with 10+ employees must have an Internal Committee (IC). The IC must include a woman Presiding Officer, at least two employee members, and one external member preferably a POSH expert or a person familiar with issues of sexual harassment.
- Inquiry should finish in about 90 days, with the IC’s report typically issued soon after; the employer should act on recommendations within 60 days.
- Non-compliance can attract penalties up to ₹50,000; repeat violations may lead to higher penalties and licence issues.
Protection from Retaliation & Confidentiality
According to POSH law says employer cannot punish or target employee for making a complaint. Everything discussed during proceedings must be kept private. Employers must make sure you feel safe and that the process is fair for everyone.
If It’s Bullying (but not Sexual Harassment)
Even if conduct isn’t sexual, companies should act. Adopt and enforce an anti-bullying policy, define unacceptable behaviours, set reporting channels, and take disciplinary action through HR/Code of Conduct.
Employer Checklist (Compliance + Prevention)
- POSH policy: publish, display prominently, and include reporting routes.
- Constitute/refresh the IC (10+ employees) and train all members annually.
- POSH Awareness training for all staff and managers (on conduct, bystander action, reporting).
- SHe-Box readiness: list IC details and enable employees to use the portal as needed.
- Time-bound inquiries (aim for 90 days) with written findings; implement recommendations within 60 days.
- Record-keeping & annual reporting as per the Act/Rules.
What Employees Can Do?
- Write down what happened (dates, places, messages, witnesses).
- Report to the IC/HR promptly; ask for interim reliefs if needed (change of seating, leave, etc.).
- Use online portal for lodge complaints if internal routes are unclear or unavailable.
How SPJ Advocates & Co. Can Help?
Renowned POSH consultant Sunita Sharma, Founder of SPJ Advocates, has 15 years of experience in handling POSH matters. She focuses on proactively addressing and preventing sexual misconduct and harassment within organisations.
Her law firm, SPJ Advocates, offers the following services:
- POSH policy drafting & IC constitution
- IC member certification and POSH training
- Employee/supervisor awareness workshops (bystander intervention, respectful workplace)
- Complaint Handling and legal opinion
- End-to-end support: from complaint intake to inquiry procedure and defensible documentation