Arpita Chauhan 27 September 2022

Sexual harassment under posh act

If I orally inform my employer regarding the s*xual harassment at work place, is he obliged or liable to take any action or is duty bound to take any action?

And can he be legally held liable for not taking any action?

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Quick Summary

This discussion clarifies employer obligations regarding sexual harassment complaints made verbally versus in writing under the POSH Act. While an employer may not be immediately liable for a verbal complaint alone, they can be held responsible for failing to assist an employee in lodging a formal written complaint. It is crucial to submit a written complaint to ensure appropriate action is taken.

3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 27 September 2022

Without a written complaint, he cannot take action against the person, and hence employer is not responsible for it.

Sourav Das (Advocate Supreme Court of India) 28 September 2022

You have to lodge written complaint

Hans Rathi 30 September 2022

He is not liable unless you have made the complaint in writing but he can be held liable for not assisting you to lodge a written complaint. Section 9 of THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013.