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Sexual Harassment Policy
I need a comprehensive sexual harassment policy that outlines clear definitions, reporting procedures, and consequences for violations, ensuring compliance with Indian laws and promoting a safe and respectful workplace environment. The policy should include training requirements for employees and management, as well as support mechanisms for victims.
What is a Sexual Harassment Policy?
A Sexual Harassment Policy outlines an organization's rules, procedures, and commitment to prevent workplace harassment as required by India's POSH Act 2013. It defines prohibited behaviors, from unwanted physical contact to hostile work environments, and explains how employees can report incidents safely and confidentially.
The policy establishes clear complaint handling steps, protection against retaliation, and consequences for violations. It must include details about the Internal Committee (IC), training requirements, and rights of both complainants and respondents. Companies with 10 or more employees need this policy to comply with Indian law and create a respectful workplace.
When should you use a Sexual Harassment Policy?
Companies need a Sexual Harassment Policy from day one of operations in India, especially when growing beyond 10 employees. Use it during employee onboarding, workplace training sessions, and immediately when handling harassment complaints. The policy becomes crucial during Internal Committee formations and when establishing reporting mechanisms.
It serves as your primary reference guide during investigations, helping ensure fair procedures and protecting both employees and the organization. Regular policy reviews are essential during organizational changes, after significant incidents, or when POSH Act amendments occur. Having it ready before issues arise prevents costly mistakes and demonstrates proactive compliance.
What are the different types of Sexual Harassment Policy?
- Basic POSH Policy: Standard version meeting minimum legal requirements with essential complaint procedures and IC formation details
- Comprehensive Workplace Policy: Expanded version with detailed examples, multiple reporting channels, and thorough investigation protocols
- Industry-Specific Policy: Customized for sectors like IT, manufacturing, or healthcare, addressing unique workplace dynamics
- Multi-Location Policy: Adapted for organizations with offices across different Indian states, incorporating local guidelines
- Startup-Focused Policy: Streamlined version for growing companies, scalable as the organization expands beyond 10 employees
Who should typically use a Sexual Harassment Policy?
- HR Managers: Draft and implement the Sexual Harassment Policy, coordinate training, and maintain documentation
- Internal Committee Members: Handle complaints, conduct investigations, and ensure policy compliance
- Legal Teams: Review policy alignment with POSH Act requirements and update per regulatory changes
- Department Heads: Enforce policy guidelines and report violations to the Internal Committee
- All Employees: Must understand, acknowledge, and follow policy guidelines, including reporting procedures
- External Consultants: Provide specialized input for policy drafting and training programs
How do you write a Sexual Harassment Policy?
- Company Details: Gather information about employee count, office locations, and organizational structure
- Internal Committee: Identify qualified members, including external NGO representative
- Reporting Channels: Establish clear communication paths and documentation procedures
- Local Requirements: Review state-specific guidelines beyond POSH Act compliance
- Training Plan: Outline awareness programs, including frequency and content coverage
- Policy Format: Use our platform's customizable templates to ensure all mandatory elements are included
- Review Process: Set up regular policy update schedule and stakeholder feedback mechanisms
What should be included in a Sexual Harassment Policy?
- Definition Section: Clear explanation of sexual harassment types and prohibited conduct
- Scope Statement: Coverage of workplace, employees, visitors, and virtual interactions
- IC Constitution: Details about Internal Committee composition and tenure
- Complaint Procedure: Step-by-step process for filing and handling complaints
- Timeline Requirements: Mandatory reporting and resolution deadlines per POSH Act
- Confidentiality Clause: Protection measures for complainant identity and investigation details
- Anti-Retaliation: Safeguards against victimization of complainants
- Penalties Section: Disciplinary actions for policy violations
What's the difference between a Sexual Harassment Policy and a Bullying and Harassment Policy?
A Sexual Harassment Policy differs significantly from a Bullying and Harassment Policy in several key aspects, though both address workplace misconduct. The main distinctions lie in their legal framework, scope, and implementation requirements.
- Legal Foundation: Sexual Harassment Policies must strictly comply with India's POSH Act 2013, while Bullying and Harassment Policies follow broader workplace safety regulations
- Mandatory Elements: Sexual Harassment Policies require an Internal Committee and specific complaint procedures, whereas Bullying Policies have more flexible grievance mechanisms
- Investigation Process: POSH investigations follow strict timelines and documentation requirements, while bullying complaints often use standard disciplinary procedures
- Coverage Scope: Sexual Harassment Policies specifically address gender-based misconduct, while Bullying Policies cover broader behavioral issues like intimidation, exclusion, and workplace hostility
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