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Practice Area

Sexual Harassment

Sexual harassment at the workplace is any unwelcome conduct of a sexual nature — physical, verbal, or non-verbal — that violates an employee's dignity, safety, and equality under the POSH Act, 2013. Even a single incident can qualify if it impacts dignity or safety at work. Read with the Labour Codes, it is both a workplace safety violation and a wrongful employment practice — and ELRS stands with every survivor in pursuing the full remedies the law provides.

Sexual Harassment Image

  1. What Counts as Sexual Harassment

  • Unwelcome physical contact or advances of a sexual nature

  • Demands or requests for sexual favours

  • Sexually coloured remarks or sexually explicit communication

  • Display of pornography or sexually offensive material

  • Creating a hostile, intimidating, or offensive work environment — even through subtle or repeated conduct

  • A single incident can qualify if it impacts dignity or safety at work

  1. Labour Codes Framework (2019–2020)

  • Industrial Relations Code, 2020 — prohibits retaliatory termination or victimisation of complainants, treating such dismissals as wrongful termination

  • Occupational Safety, Health and Working Conditions Code, 2020 — obligates employers to ensure a safe workplace, including protection against harassment

  • Social Security Code, 2020 — protects maternity and social security benefits from forfeiture linked to harassment complaints

  • Code on Wages, 2019 — prohibits harassment tied to wage discrimination or denial of entitlements

  1. Employer Obligations

  • Constitute an Internal Complaints Committee (ICC) at every workplace

  • Conduct fair, impartial inquiries within prescribed timelines

  • Maintain confidentiality of proceedings

  • Implement ICC recommendations — disciplinary action, compensation, or transfer

  • Protect complainants from retaliation, victimisation, or wrongful termination

  1. Legal Remedies

  • Civil: compensation for mental trauma, loss of career opportunity, medical expenses, and income loss

  • Criminal: serious acts may be prosecuted under IPC Sections 354, 354A, 354D, and 509

  • Labour: retaliatory dismissal or victimisation challenged before Labour Courts and Tribunals under the Labour Codes

  1. How We Can Help

  • Draft email and responses for employees raising the issue

  • Complaint drafting — clear, legally compliant complaints under the POSH Act, 2013

  • ICC representation — guiding employees through Internal Complaints Committee proceedings

  • Protection from retaliation — wrongful termination, victimisation, or wage discrimination

  • Remedies and enforcement — compensation, disciplinary action, or reinstatement per ICC findings

  • Employer accountability — ensuring compliance with ICC setup and awareness programs

Escalation support — escalation-ready letters to regulators, labour commissioners, or courts

More Practice Areas

02

Wrongful Termination

An unfair dismissal isn't the last word. ELRS helps you challenge it and reclaim your job, wages, and dignity.

Learn more

03

Unpaid Wages

Every rupee you earn is yours by right. ELRS fights to recover the wages your employer withheld.

Learn more

04

Race Discrimination

Prejudice has no place at work. ELRS stands with workers facing bias based on race, caste, religion, or origin.

Learn more

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Book a consultation with one of our ELRS employment lawyers today.

* An estimation extrapolated from operating account data as of March 19, 2026.

** As of March 19, 2026.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the India.

**** Reviews may be lightly edited for length and/or clarity. Stock images may be used.