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Workplace retaliation on PoSH

workplace retaliation have become increasingly common and more expensive mainly for the employers when employee  files a complaint about sexual harassment at workplace it is imperative that the employer take it very seriously and handle the situation effectively with proper documentation. Otherwise you may wind up facing a very expensive lawsuit in the event of the complainant  go outside and take it seriously in the courts of India

 

What is retaliation?

Retaliation is an adverse action that the company takes against employee just because she filed a complaint about a sexual harassment and or discrimination. Adverse action invariably includes action such as firing the employee, giving them negative valuations, demoting them, transferring them from the department to another department or sometimes even reducing their pay etc.

Protection against retaliation just not does apply to the person who filed a complaint it also applies to anyone who participates in the investigation process which arises out of the complaint.

Complainant cannot be simply retaliated for the sake of safeguarding your company's interest.

 

Complaint does not matter much. This is an important factor in retaliation

 If the original complainant of harassment / discrimination on your documentation and detailed enquiry turns out to be baseless even fabricated the employee can take any action which can be team does retaliatory in the eyes of law.

 

Retaliation is always damaging for the employer full stop. Never take action that punishes someone for bringing a complaint Even if the complaint is blatantly false in nature.

 

For example asking a person to shift to a different place or location to protect her from the harasser is also unintentional retaliation as you are not helping the victim but only protecting the harasser.