LEGAL OBLIGATIONS AND COMPLIANCE

NATIONAL AND INTERNATIONAL REGULATIONS (COMPARATIVE VIEW)

Managing sexual harassment is not a voluntary option for companies, but a mandatory legal mandate that has evolved globally.

In India, for example, the POSH Act emerged after the legal vacuum initially filled by the Vishakha guidelines, establishing institutional over individual responsibility.

Similarly, in the United States, Title VII of the Civil Rights Act (overseen by the EEOC) and in the United Kingdom the Equality Act of 2010, impose strict duties on the employer to maintain discrimination-free spaces.

Although the mechanisms vary (mandatory internal committees in India vs. external tribunals in the West), the guiding principle is identical: the employer is the guarantor of safety.

Imagine that industrialist Andrew Carnegie runs a steel mill with global operations.

It is not enough for him to follow local laws in Pennsylvania; if he has branches in Mumbai or London, he must adapt his protocols to the specific regulations of each jurisdiction.

To ignore that an internal committee is required in one region while external mediation is prioritized in another would be gross administrative negligence.

The law does not accept ignorance as an excuse for non-compliance with these protection statutes.

THE DUTY TO PREVENT, PROHIBIT AND REMEDY

The employer has a "trident" of responsibilities: Prevent (prevent it from occurring), Prohibit (establish clear rules) and Repair (remedy the damage).

This involves drafting and disseminating a "Zero Tolerance" policy that is visible to all.

It is mandatory to set up an Internal Committee (IC) in each branch with more than 10 employees and ensure that it has external members to guarantee neutrality.

In addition, regular awareness workshops should be conducted and the criminal consequences of harassment should be prominently displayed.

If King Hammurabi were managing a modern corporation, he could not simply write the code of conduct on a stone stele and forget about it.

He would have an active obligation to hold seminars where his scribes and builders understand what constitutes harassment.

In addition, it should post visible signs in the Hanging Gardens detailing the names and contacts of the grievance committee members.

Failure to take these proactive actions (training and outreach) makes the organization complicit by omission.

ANNUAL REPORTING REQUIREMENTS AND GENDER AUDITS

Transparency is a legal requirement. Internal committees are required to write an annual report detailing the number of cases received, resolved and pending, as well as actions taken.

This report must be submitted to the employer and the government District Officer.

In addition, recent corporate regulations require companies to include in their Board of Directors Report a statement of compliance with the constitution of the safety committee, integrating harassment prevention into corporate governance at the same level as financial results.

Suppose John D. Rockefeller presents Standard Oil's annual balance sheet. Along with the figures for barrels sold, the law would require him to break down how many harassment complaints were handled that fiscal year and confirm that his ethics committee is operational.

If Rockefeller were to omit this data or falsify compliance to protect the company's image, it would be in violation of Ministry of Corporate Affairs rules, exposing itself to administrative sanctions in addition to employment sanctions.

Summary

Sexual harassment management is a global legal mandate, not a voluntary option. International regulations require companies to ensure safe and discrimination-free workplaces.

The employer has a duty to prevent and redress harm through zero tolerance policies. Internal committees, awareness-raising workshops and clear communication of criminal consequences are mandatory.

Transparency is an essential requirement, with annual reporting on cases handled. Companies must declare their compliance in corporate reports, integrating security into their governance.