Policy Checklist

Policy Checklist: Checklist and abridged pointers for drafting an effective sexual harassment prevention policy are listed:

Scope defined

• Employees including part-time and contract employees, interns, trainees, retainers, consultants working on-site.
• Third-party complaint covered?
• Harassment that occurred outside the office premises while on assignment has been covered?
• Harassment of employees by third parties covered?

Definition of sexual harassment

• Is it in compliance with the provisions of the Act?
• Quid-pro-quo harassment covered?
• Hostile environment covered?
• Examples given?
• Non-covered activities mentioned?

Internal Complaints Committee

• Minimum 3 internal members, 1 outside member
• Presiding officer and at least half of the members to be women
• Selection of members
• Term of members cannot be more than 3 years
• Removal of members
• Powers of ICC
• Removal procedure – as per Act
• Meetings of ICC members

Complaint mechanism

• Written submission mandatory
• Whom to approach?
• Complaint must be filed within 3 months, and max 6 months under special circumstances
• Complaint in case of mental or physical incapacity

Inquiry mechanism

• Settlement process
• Approaching police within 7 days once a prima facie case has been made
• Following principles of natural justice
• Enquiry to be complete within 90 days
• Inquiry mechanism as per the Act or the applicable service rules?

Disciplinary action

• Punishments
• Recommendation of ICC to be forwarded to management
• Punishment for false and malicious complaint

Compliances

• Annual reports to District officer
• Sexual harassment related information should be mentioned in the annual report of the organisation

Preventive actions

• Awareness and sensitization workshops
• Policy to be put on notice board
• Policy to be made part of the employment agreement and signed by the employees

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