#WeTwo: I refused her unjust promotion; she complained that I had forced her into our affair

New Delhi: The sixth submission in the #WeTwo series for equal workplaces is about an alleged false sexual harassment complaint by a female subordinate. Here is what the complainant claims:  

“I had been with the company for several years before she joined. She was smart and friendly; we hit it off instantly. I was attracted to her but kept a distance because she was two rungs junior. But she dropped more than one hint and even made the first move. We spent time together outside work and on outstation trips. It was a common secret in the office that we were having an affair. She told me that she wanted a promotion and raise that would have been impossible to justify. I refused. She complained to HR that I had forced her into the affair. Even after hearing my side of the story, the management asked me to quit. She did end up getting a promotion, possibly for not going public with the allegation.”

We asked Roopa Badrinath, Founder & Principal Consultant, Turmeric Consulting and AL Sharada, Director, Population First, to analyse the submission, including how one checks the veracity of such claims. 

#WeTwo: Irrespective of who initiated the affair, was the man wrong in entering into an affair/physical relationship with a subordinate? 

Roopa Badrinath: In an ideal scenario, entering into a romantic or physical relationship with a subordinate is inadvisable, regardless of who initiates it. Such situations become particularly complex when they occur within the same department, where decision-making authority over career progression introduces clear conflicts of interest. These relationships inherently involve a power imbalance, which can foster perceptions of favouritism or unfair advantage and create grounds for potential allegations of coercion or harassment, valid or otherwise. The man's initial hesitation to pursue the relationship might have stemmed from an awareness of these potential challenges.

Dr. Sharada: While workplace relationships are common, entering into a relationship with a subordinate is likely to create a power imbalance and raise concerns about favouritism, coercion, or conflicts of interest. Even if mutual, such relationships can undermine workplace dynamics and potentially harm both parties’ reputations. Disclosing the relationship to HR and realigning the power dynamics is essential to avoid the negative consequences of workplace relationships.

#WeTwo: Should he have been fired?

Roopa Badrinath: Under the POSH Act, the Internal Committee (IC) must conduct a sensitive and impartial inquiry into sexual harassment allegations, allowing both parties to present evidence and witnesses. If the man is found guilty of misconduct, such as abuse of power or creating a hostile work environment, disciplinary action, including termination, would be justified. However, if the relationship was consensual and involved no harassment or coercion, termination may be excessive unless explicitly prohibited by company policy. In such cases, addressing the conflict of interest, through reassignment or a warning may be more appropriate, depending on organisational guidelines. The definition of sexual harassment as per the Act is unwelcome physical, verbal, nor on-verbal conduct of a sexual nature.

Dr.Sharada: The decision to terminate him should have been based on an inquiry into the abuse of power and potential harm to the company’s integrity. Termination may have been warranted depending on the facts and whether company policies were violated. However, suppose he believes that his actions, apart from the relationship, were ethical and consensual, and the termination was unjustified. In that case, he has the option to appeal the IC's recommendation and file a case with the appropriate tribunal or court.

#WeTwo: Should the woman also have been fired? 

Roopa Badrinath: If the IC finds the complaint against the man to be untrue or malicious, it can recommend disciplinary action against the woman as per the organisation's service rules. If she fabricated allegations or violated policies, action, including termination, may be warranted. However, if her allegations are substantiated, she is protected from retaliation under the Act. A consensual relationship, unless explicitly prohibited by company policy, typically does not warrant termination unless it adversely affects workplace dynamics or involves other misconduct.

Dr. Sharada: As per the POSH Act, if it is proven that she misused the relationship or fabricated allegations, she should face consequences, including termination, as such actions damage workplace trust and fairness. However, if the investigation found her claims to be genuine, penalising her would be inappropriate. It is also important to note that consent is not a blanket permission but is situation specific. It is fair to assume that the IC has evaluated the case based on evidence.

#WeTwo: How does a workplace determine the veracity of such claims?

Roopa Badrinath: The Internal Committee (IC) members have to be trained by organisations to conduct thorough and unbiased inquiries of sexual harassment. In order to bring objectivity to the inquiry, the Act stipulates the engagement of an external member on the IC. The IC has the power of a civil court to conduct sexual harassment inquiries by hearing both parties (principles of natural justice), seeking and examining all available evidence like emails, text messages, social media posts, pictures and testimonies of witnesses. Based on the findings, the IC will recommend appropriate actions to the employer.     

Dr. Sharada: The veracity of such claims is determined through the constitution of the IC committee and by ensuring that due processes are followed in the inquiry and investigation, including interviews, document reviews, and seeking corroborative evidence. Neutral third-party investigators may also be engaged to avoid bias.

#WeTwo: Should there be a ban on personal relationships in the workplace?

Roopa Badrinath: A complete ban on personal relationships in the workplace may not be practical or enforceable. Instead, clear policies should outline boundaries, such as requiring employees in relationships to disclose them if they involve direct reporting lines. Organisations should focus on managing conflicts of interest rather than policing relationships. The policies should emphasise maintaining professional behaviour and ensuring that personal relationships do not interfere with workplace dynamics.

The POSH Act focuses on preventing harassment and protecting victims, not punishing consensual relationships unless they lead to harassment, favouritism, or policy violations.  

Dr. Sharada: A total ban may be impractical and overly intrusive and should be avoided, as relationships are natural. However, it is important to make disclosure of such relationships mandatory in HR policies, particularly between senior and junior employees, to mitigate any unwanted consequences such as favouritism or exploitation. This can be achieved by redefining reporting lines or assigning employees to different departments or locations.

Also read:

#WeTwo: 'He was way senior. I was silenced. He is still there.'

#WeTwo: “These are opportunities to uphold positive culture, compassion and moral intelligence”

#WeTwo: My boss asked me if I would be comfortable sharing his room…In the second 

#WeTwo: Asking a subordinate to share a room is misuse of power dynamics

#WeTwo: Our boss was a flirt… but almost all the women seemed to play along.

#WeTwo: When with one of the women, his gaze would invariably drop to our bosom…

#WeTwo: Before I announced my pregnancy, I was recognised as a rising star

Have an experience to share? Let’s speak up together for equal workplaces. Write to: wetwo@bestmediainfo.com. Confidentiality assured. Click on the links above to learn more about #WeTwo and how it intends to empower equal workplaces.