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.

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

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

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

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

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

Wrongful Termination

What counts as a wrongful termination?

Learn more

Unpaid Wages

What counts as unpaid wages, and what remedies are available?

Learn more

Race Discrimination

How is race discrimination addressed under the Constitution and the Labour Codes, and what remedies are available?

Learn more

You don't have to fight alone.

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

* An estimation extrapolated from operating account data as of June 29, 2024.

** As of June 29, 2024.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the United States (source: 2023 Clio Legal Trends Report).

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