The Role of Intersectionality in POSH Implementation

Intersectionality is at the heart of creating safe and inclusive workplaces, and it’s a key focus in TrustIn’s POSH training sessions—and here’s why.

Sexual harassment at work frequently goes unreported, and the reasons are all too familiar. We can easily list the common barriers – stigma, fear, and societal pressures. Survivors may face retaliation, professional setbacks, or ostracization, making them reluctant to step forward. 

However when we unpack these words, we realise that the reasons are deeper and more complex than we often acknowledge. The underreporting is not indicative of the absence of sexual harassment but reflects a lack of trust in institutional mechanisms and fears that justice may not be served.

While legal frameworks such as the Prevention of Sexual Harassment at Workplace (POSH) Act  provide a framework for redressal, the issue continues to be among the most underreported, begging the question: What are the blockers for employees in accessing these mechanisms equitably?

Building a company culture that is truly safe, requires us to understand that teams are not homogenous groups, and come from different contexts.

Understanding how intersectionality plays out in workplace dynamics lies at the heart of building an empowering company culture- where employees can achieve their full potential.

What Is Intersectionality

Coined by Kimberlé Crenshaw, a renowned professor of law at UCLA and Columbia Law School and a trailblazer in civil rights and Black feminist legal theory;  Intersectionality highlights how overlapping social identities (e.g., gender, caste, race, sexual orientation) create interdependent systems of discrimination or disadvantage. In the context of sexual harassment, our individual circumstances can shape both our vulnerability to such violence in the workplace and our ability to overcome the barriers to reporting it. Intersectionality highlights how survivors encounter different levels of challenges based on their unique identities and lived experiences.

The Uneven Path to Justice: How Identity Shapes Barriers to Reporting Harassment Imagine a woman from a middle-class background facing harassment at work. She hesitates to report it, worried about being judged, labeled as a troublemaker, or losing out on career opportunities. While difficult, she knows she might still have some safety nets—supportive family or savings to fall back on if things go wrong. Now consider a woman from a lower-income background. For her, raising a complaint feels like a much riskier step. She might lack financial stability or generational wealth to help her navigate the fallout. If she loses her job or faces retaliation, it could push her family into economic hardship. The fear of losing her livelihood often silences her, even when the harassment is severe. Finally, think of a woman from a marginalized caste and lower-income background. Her challenges don’t end with financial risks; they’re compounded by discrimination. Even if she gathers the courage to report the harassment, she may face bias in the way her complaint is handled or dismissed altogether. She might feel isolated, with fewer allies to support her through the process. Each step of seeking justice becomes harder when layers of identity—class, caste, gender or background—intersect, creating unique barriers for every individual. Intersectionality helps us see these hidden challenges and understand why a one-size-fits-all approach to justice doesn't work.

At its core, understanding intersectionality demands that we examine power in terms of both structures and relations.

Power lies at the heart of human relationships and the organization of societies. Whether through systemic inequities or interpersonal dynamics, power determines whose voices are heard, whose experiences are validated, and whose needs are prioritized. In the context of sexual harassment, this means recognizing that survivors’ experiences are shaped not only by gender but also by their intersections with other axes of marginalization. Which means that what we often perceive as 'choices'- for example exercising a ‘choice’ to report, for many, are constrained or non-existent due to systemic inequities.

1. Class and Economic Status: For survivors from economically disadvantaged backgrounds, the fear of losing their livelihood is a significant deterrent 

2. Gender and Sexual Identities: Individuals with non-binary or non-normative gender and/or sexual identities are particularly susceptible to sexual harassment but face compounded challenges in reporting since many workplaces are still steeped in heteronormative assumptions. Fear of being outed or further discriminated against often silences them.

3. Caste and Race: Cast hierarchies exacerbate vulnerabilities especially since individuals with privilege occupy positions of power and are often unaware of their own biases.

4. Socialization Processes: Patriarchal social norms often instill a sense of shame and self-blame in survivors. Women are frequently conditioned to prioritize family or workplace harmony over their safety, reinforcing a culture of silence. This internalized mindset, combined with institutional apathy, perpetuates underreporting.

The Intent and Spirit of the Law: Lessons from Bhanwari Devi

The POSH Act takes forward the spirit of the landmark Vishaka Guidelines, which were issued after the 1992 case of Bhanwari Devi, and highlighted the urgent need for safe, respectful, and equitable workplaces. 

While the letter of the law sets out clear procedures for handling sexual harassment, the true spirit of the law goes deeper. It calls for more than mere compliance with rules; it demands a proactive approach to challenge and dismantle systemic inequalities that often silence survivors. This spirit emphasizes creating environments where individuals feel not only protected but empowered to come forward and seek justice without fear of retaliation.

Integrating DEI and POSH: 

While POSH mandates provide legal safeguards, embedding principles of Diversity, Equity, and Inclusion (DEI) into these frameworks is essential for their effectiveness.

Here's why:

1. Recognizing Survivor Heterogeneity: Survivors are not a monolith. Their experiences, vulnerabilities, and access to justice are shaped by their unique identities. A DEI-informed approach acknowledges these differences and designs tailored interventions to address them.

2. Building Active Empathy and Allyship: Organizations must move beyond compliance to cultivate a culture of empathy and allyship. This includes training employees to recognize unconscious biases, fostering safe spaces for dialogue, and actively supporting marginalized groups.

3. Creating Structural Equity: To ensure equitable outcomes, organizations must address systemic barriers. For example, instituting anonymous reporting mechanisms, providing trauma-informed support, and ensuring diverse representation on Internal Committees (ICs) can make a tangible difference.

TrustIn’s 3Ps: A Framework for Intersectional POSH Practices

We advocate an intentional shift toward embedding intersectionality into the ethos of Prevention, Prohibition, and Redressal mechanisms, and fostering an organizational culture that marries diversity, equity, inclusion (DEI) with POSH initiatives. 

TrustIn’s 3P framework emphasizes:

1. Prevention

   • Conducting inclusive awareness programs tailored to diverse employee groups.

   • Embedding intersectionality in training modules to address unique vulnerabilities.

   • Establishing proactive policies that go beyond compliance to foster trust and inclusivity.

     
     

2. Prohibition

   • Creating unambiguous codes of conduct that reflect organizational values.

   • Actively dismantling discriminatory practices and biases in hiring, promotions, and workplace interactions.

   • Ensuring visibility and accessibility of POSH policies for all employees.

     
     

3. Redressal

   • Establishing transparent and survivor-centric grievance mechanisms.

   • Incorporating external expertise on intersectionality to strengthen IC deliberations.

   • Providing sustained support, including legal aid, mental health resources, and post-resolution monitoring.

   • 
     

Our workshops on POSH and leadership focus on fostering cultures of safety and accountability. Through practical strategies, organizations can understand, analyze, and address intersectional experiences.

If you’re ready to take the next step toward a safer, more inclusive workplace, reach out to us at  hello@trustin.co.in. We’re here to support you in every step of your compliance journey.