How to Defend False Charge of Sexual Harassment at Work Place

False Sexual Harassment at Workplace charges have now become a routine. However, there is a lack of material available on how to defend oneself from such false claims. The situation for men is similar to when one facing false dowry harassment charges under 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) since this too is a gender-biased law. The act is named “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act”; thus, an aggrieved as per law is a woman and woman only as it refuses to recognize that even a man can be sexually harassed at the workplace. It covers every workplace, including a dwelling place or house. Under its definition of aggrieved are women working as domestic workers, daily wagers, temporary or permanent, full-time or part-time, and volunteers.

Most men have their first brush with law at this juncture and have no prior experience of facing any kind of enquiry. Result is hot-headedness, anger, frustration and at some times retaliation. All these things make matter messier and difficult to decipher. The more agitated one is, the less likely the other person, in this case, members of complaint committee, likely to listen and believe your side of story.

As what I always say, one should vehemently defend himself against false claims, but in a coherent manner as your professional life depends on the same. Here are some of the things which anyone can do when faced with such situations.

1. Know the company policy. All companies with more than ten employees are supposed to have a Sexual Harassment Policy and a working ICC (Internal Complaints Committee) with an external member. You should be aware of your company’s Sexual Harassment Policy even otherwise. However, when there are allegations against you, you must reread the policy as to what constitutes Sexual Harassment as per your company’s policy and then check with the complaint whether the same does make a case or not. In a media company where the F word is used quite liberally by all and sundry, mere usage of an F word may not be a significant offence; however, in another company, it could be terrible.
2. You need to know basic laws around Sexual harassment for every organization of 10 or more employees; there should be an Internal Complaints Committee. Such a committee should have at least three members: one is the presiding officer, and one is the external member. There should be at least half or more women members. However, if the complaint is made against the head of the company/ employer, ICC cannot inquire into the case, and the same is transferred to the Local Complaints Committee (LCC), which is formed at the District Level.
3. Sexual Harassment is defined as any unwelcome sexually determined behaviour (whether directly or by implication) such as Physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
4. Remain within the confines of the complaint and alleged dates and instances. Human beings tend to see the complaint through the prism of the whole relationship with that person. That is a wrong approach while defending. You have been charged with a specific instance and only have to protect it. If there have been other altercations/ disputes, they are not in the realm of investigation.
5. A complaint can be made within 90 days of the last alleged incident, and the inquiry has to be completed in 90 days. In case of a malicious complaint, including providing false evidence, the complaint committee may take action against the woman as per the act. The magnitude of punishment is determined by the employee handbook/service rules.
6. Make an honest written account of what happened on that particular date and time. You don’t need to provide the complete written account to the ICC, but it would keep you rooted, and you can refer to these notes while depositing in front of the ICC. If need be, the same could be your written response as well, but for that, one has to look at a few other things as well.

1. Look for Alibi/ Witnesses, for this one has to go back in his history. Check your schedules/ meetings/ trips. Check your emails of that day. You may be in a meeting at that particular time. You may have had someone present at the same time. In one of the cases that I was consulted on, the person could not come up with anything when a client’s mail reminded him of a lunch he took with the client some 20 km away from the alleged place of the incident. He had billed the same amount to his company credit card at approximately the same time, saving his skin.
2. Use your previous track record in the company. If one is accused of something that one knows he never did and has had a clean personal and professional life, it would be pitted against the complainant’s conduct. People who misuse the law tend to take undue advantage at various stages. However, I won’t advise anyone to look into skeletons in someone’s cupboard; if the same is apparent enough, why not take advantage of it?

9. Avoid retaliation at all costs. Sometimes, post facto reactions are taken as proof of something that one has done in the past. Humans are emotional creatures; when angry and frustrated, we may make mistakes and worsen our case.
10. If a mediation/ settlement is offered, and it seems an innocuous comment has been taken otherwise, show regret and move on. Just ensure that one repeats the behaviour only sometimes, as the accuser might be overly sensitive. Please note that as per the law of the land, money can not be the basis of settlement, and no one ever offers or accepts any monetary settlement. Also, remember that no mediation/ settlement shall ever be made on malicious complaints. That would encourage the false accuser and others to repeat the behaviour.

If all the above fails, book a consultation with a lawyer. You may be on your way out of the company, and you should be aware of your rights, as you have to protect your reputation for your next job at least. Resigning should be the last resort, but it is better to move out than to commit a professional hara-kiri.

Endnote: During the ICC training that I conduct for my other entity, TRIPAKSHA, people ask me why I have such great concern about false allegations of Sexual Harassment at the Workplace. My response is that the stakes are very high. Potential job loss is one aspect, and the stress, frustration, and adverse impact on family life can be enormous. The embarrassment of being alleged as a molester (Most ordinary people think that is Sexual Harassment) can undermine even the strongest of the individuals.

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