PoSH in Co-Working Environment

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PoSH is Possible in Co-Working Environment!
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About PoSH
The POSH Law Prevention of Sexual Harassment
is a sexual harassment law introduced to protect
women against sexual harassment at the workplace.
The POSH Laws cover prevention, prohibition, and
redressal of cases of sexual harassment of women.
These laws apply to all types of employers
companies, partnerships, and sole proprietorship
firms irrespective of the number of employees,
size of the business, and other factors. However,
companies with more than 10 employees have
greater compliance requirements. Non-compliance
does attract monetary penalties and repeated
instances could lead to cancellation of license
and registration for running a business. To
ensure compliance, a Directors report must
include confirmation that the company has ensured
POSH compliance.
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Co-Working Spaces
Co-working spaces, to simply put are shared
workspaces and can be used by individuals or even
companies who need additional office space for a
short time. Co-working spaces usually offer a
range of amenities such as desks, private cabins
and meeting rooms, pantry, wi-fi, and a lot
more. The big draw for such spaces is the feel
of a community and being able to engage with many
different people while offering freedom and
flexibility. Cost is another major advantage
since one can choose between fee structures
ranging from daily to monthly options. Typically
freelancers, start-ups, smaller teams, and even
entrepreneurs are the main clientele for such
spaces.
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Sexual Harassment in Co-Working Places
The use of co-working spaces has seen a sharp
rise over the years, and has brought with it a
spate of questions, issues and, challenges
regarding sexual harassment, who is responsible
to prevent it, and how does one deal with such
cases. Given that this is a new and evolving
model of working in an office, it is the
employers who would be held liable for any
instances of sexual harassment. Additionally,
individuals occupying these spaces would be
liable for such inappropriate behaviour. The
co-working space is also required to have an PoSH
Committee and should a woman be sexually harassed
while at the co-working space, she has the option
to file a complaint with the IC of the co-working
space.  The risks and instances of sexual
harassment are more pronounced in co-working
spaces since there could be a vendor causing the
nuisance, or an independent contractor or even
visitors of other companies occupying the
co-working area.
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How to prevent it?
In all instances, including the perpetration of
sexual harassment by a third party employee, the
employers IC or the IC of the co-working space
(depending on where the woman files the complaint
and also on whether the employer has an IC) would
have to handle the matter. Of course, the
complainant always has the option to file a
criminal complaint with the police, since sexual
harassment is a criminal offense as well.     It
becomes critical for employers and individuals
renting the co-working space to know how to
prevent such acts and also what they need to do
if such an accusation is brought to the fore.
Understanding and learning the POSH policies of
the co-working offices before occupying the space
is essential. Such knowledge will help the
employer to ensure that the employees comply with
the policies and behave appropriately. Sexual
harassment must be placed under the
zero-tolerance policy and strict punitive action
taken (post inquiry) if such behaviour does take
place. This would be true, as mentioned, even for
vendors and third-party employees working with a
company.
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How to prevent it?
What must be remembered is that each instance of
sexual harassment would be unique, and hence both
parties involved must be spoken to before making
any decision. Confidentiality, sensitivity, and
integrity are paramount when dealing with such
cases, to ensure that no one is falsely accused
and punished, and also that the perpetrator does
not escape punishment. This would also include
reporting the incident to the person/company
owning the co-working space and gain access to
any closed-circuit camera footage to ascertain
the incident.    It is also the responsibility of
the employer to ensure that the person reporting
the incident (could be different from the actual
victim) and the victim as well as witnesses (if
any), are protected from any retribution and
retaliation by the person against whom the
complaint is lodged. Employers could seek advice
to gain proper guidance on how to action the case
and prevent any risk of further litigation.
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Always Remember
It must be remembered that both men and women can
fall prey to sexual harassment, and either a
woman or a man can be the perpetrator. Even a
person of the same sex as the victim could be the
harasser. As mentioned, each person must remain
aware of policies surrounding sexual harassment,
and these policies must be clearly communicated
and periodically reiterated by the
employer. People must understand that any such
incidents must be reported immediately to the IC,
even if the person is not the victim. Anyone
making the complaint must know that they would be
heard, not ridiculed and there would be no
retaliation, especially if the perpetrator is
someone from the higher ranks in the
organization. Employers and ICs must ensure that
such complaints are dealt with immediately and if
the person is found guilty, strict action
including immediate dismissal from the company is
put into place. 
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Always Remember
Sexual harassment is a serious matter and
employers must take cognizance of every
complaint. The rank and stature of both the
harasser and victim must never be a decision
making factor since the decision would not remain
unbiased. Employers and those responsible for
ensuring POSH compliance must remain abreast with
changes in laws and in the workplace, such that
they take action immediately and
objectively. Harassment of any kind (especially
sexual) can take place anywhere, at any time, and
anyone can be a victim prevention of sexual
harassment is therefore both a collective and
individual responsibility. Lets make co-working
and co-existing fun!
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As we are faced with various discrimination
and/or harassment issues facing our
organizations, paying close attention to the
above will help us be more effective as human
resources professionals.  For more information
visit https//www.mud.co.in/posh/
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Thank You!