Case Studies

Case Studies

Disclaimer: The following are real life case studies of the POSH law in India. These are meant for educational purposes only and are not meant to be circulated.The recommended measures in the case studies are purely prescriptive and based on the unique circumstances. They are not meant to substitute any form of legal advice.

MAKING SEXUALLY COLORED REMARKS 

 

CASE

  1. What happened?
    Gargi is an outspoken developer who likes to keep her surroundings lively. Gargi is a contract worker for org X. Yuvraj, who is a permanent employee, is her colleague. During a team outing at KFC,
    Gargi: “I don't want a burger, I'm trying to lose weight” 
    Yuvraj: “Why? you look hot already! All the green tea you drink is helping your figure.
    ” Yuvraj comments on Gargi's body and laughs, without noting her distress. shared his remark with other colleagues and was not bothered by Gargi’s distress.
    Gargi overhears somebody talking about Yuvraj’s comment about her.
     

  2. What evidence was accepted?

    1. Witnesses 
       

  3. Who were the witnesses?

    1. Rahul (Gargi’s colleague): Yes, I saw that Gargi was very upset

    2. Ankit (Gargi’s colleague): Gargi blushed and became very quiet
       

  4. What did the IC find? 

    1. Gargi’s version of events has been corroborated by witnesses Rahul and Ankit. Hence, sexual harassment has been established. Further, the organization will provide Gargi with mental health services. 
       

  5. What did the IC recommend?

    1. Yuvraj must take the sexual harassment course again, and check-in with HR about his understanding. 

    2. Yuvraj must tender an apology to Gargi.

    3. Yuvraj to be given a warning letter. 
       

  6. How long did it take? 

    1. One month 

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