Employees accused of sexual harassment can be transferred:Govt

New Delhi, Sep 12 (PTI) Employees accused of sexualharassment can be transferred to another office to preventthem from influencing victims and to ensure fair inquiry. The Department of Personnel and Training (DoPT) also saida junior officer can probe charges against seniors accused ofsexual harassment. The move follows complaints of the accused trying toinfluence or threaten victims of sexual harassment in a fewcases. "To ensure fair inquiry, ministries or departments mayalso consider transferring the suspect officer or chargedofficer to another office to obviate any risk of that officerusing the authority of his office to influence the proceedingsof the complaints committee," an order issued recently byDoPT to all central government departments said. All complaints committees set up to inquire into chargesof sexual harassment should be headed by a woman and at leasthalf of its members should also be women. In case a woman officer of sufficiently senior level isnot available in a particular office, an officer from anotheroffice may be so appointed, as per existing norms. It has been directed that to prevent the possibility ofany undue pressure, the complaints committee should alsoinvolved a third party either Non-Government Organisation(NGO) or some other body which is familiar with the issue ofsexual harassment. "The issue of legality of a committee conducting inquiryagainst an officer against whom there are allegations ofsexual harassment but where the chairperson happens to bejunior in rank to the suspect officer has been examined. "It is clarified that there is no bar either in theCentral Civil Service (Classification, Control and Appeal)Rules or under the Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013 to thechairperson of the complaints committee being junior to thesuspect officer or the charged officer," the DoPT said, addingthat "this also does not in any way cause any prejudice to thecharged officer". Sexual harassment includes physical contact and advances,demand or request for sexual favours, sexually colouredremarks, showing any pornography and any other unwelcomephysical, verbal and non-verbal conduct of a sexual nature. Besides this, implied or explicit promise of preferentialor detrimental treatment in employment; implied or explicitthreat about her present or future employment status;interference with her work, creating an intimidating,offensive or hostile work environment for her; and humiliatingtreatment likely to affect her health or safety may alsoamount to sexual harassment. PTI AKV AAR DVAAR