Accused of Sexual Harassment at the Workplace

If someone says you have sexually harassed them, you should take it seriously. If you don’t come three times in a row to hearings your employer has set up, you may not get to speak before a decision is made^{(( Section 7(5), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))}. Only women are protected from being sexually harassed at their place of work^{(( Section 2(a), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))}, but sexual harassment can be done by anyone, male or female^{(( Section 2(m), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))}.

Rights of Accused

• You cannot be arrested without a warrant
• You have the right to get a copy of the complaint within 7 working days of the complaint being filed^{(( Section 7(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))}.
• You have the right to reply. You can submit documents and a list of witnesses within 10 working days of getting the documents from the person who accused you^{(( Section 7(3), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))}.
• You have the right to appeal a decision made by the Internal Committee

If the Internal Committee decides that the sexual harassment claim against you is not true, you will not be punished. However, if they decide the claim is true, the Committee can give your employer or the District Officer options for how you could be punished. Please note that neither you nor the accuser will be allowed to have legal representation^{(( Section 7(6), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))}.