Corporate Growth-Vs-PoSH Compliance a Catch22

When Leadership and POSH Collide: The Challenge of Independence

Last Friday, as I wrapped up the third batch of our Certified POSH Investigator Program, I couldn’t help but reflect on how far we’ve come. This module is one of the most personally rewarding projects I’ve worked on—it’s been carefully hand-crafted to go beyond simple compliance and truly empower Internal Committees (ICs) to live up to their mandate under the law.

For those who may not be familiar, the Internal Committee is the apex body within an organization tasked with investigating sexual harassment complaints.

Its recommendations are binding on the organization—imagine something straight out of a Hollywood thriller, where a team has full authority, and no one can overrule them. But, of course, real life is far more complex.

And that complexity was brought into focus by a question that’s stayed with me ever since the session ended. I was sitting on my terrace this morning, watching the first light of the sun break through the dawn, when one particular conversation from the training replayed in my mind.

A participant approached me, after the session ended, and asked quietly but with concern in their voice:

“I understand the POSH Act, the role of the IC, and the importance of sensitivity around these cases. But what do we do when our leadership team doesn’t want too many cases to show up? Sometimes, they even try to influence how the IC works—whether it’s registering a case, conducting the investigation, or even influencing the final recommendations. How do we handle that?”

It wasn’t the first time I had heard this question, but this time, it struck a deeper chord. I knew the textbook answer: No one can interfere with the workings or recommendations of the Internal Committee. The law is clear. But how easy is that to implement when the management team isn’t on the same page?

A Catch-22 Situation!!!

Think about it. The Presiding Officer of the IC is also an employee of the organization. When faced with a situation where management subtly, or sometimes not-so-subtly, expresses their wishes, it’s incredibly hard for an employee to go against the grain. After all, they have their career to think about.

And then there’s the role of the External Member, the supposed neutral party. But let’s be real—sometimes, external members might hesitate to rock the boat, especially if they’ve been chosen for reasons that align with management’s interests. In some organizations, I’ve even seen the external member being the spouse of a board member or a company legal counsel! Clearly, that’s a conflict of interest waiting to happen.

So, what’s the answer to this catch-22 situation?

The Power of Sensitization

As I reflected on that participant’s question, I realized the answer lies not in a rule book but in sensitization. And this sensitization has to start at the very top of the organization. It’s crucial that the leadership team not only knows the law but also understands the spirit behind it. They need to be aware that the POSH Act isn’t just a legal obligation but a tool to build a safer, more inclusive workplace.

Here’s a story that really underscores this:

During the peak of the #MeToo movement in India, the Managing Director of one of our client companies—a global MNC—took an unexpected and powerful step. He sent an all-staff email reaffirming the company’s zero-tolerance policy on sexual harassment. In that email, he personally encouraged any employee who was facing issues to reach out to him directly. And this wasn’t just for show—vernacular copies of the email were distributed on the shop floor so that every worker, regardless of their position or background, received the message.

That’s beyond compliance. That’s a leader taking the reins and saying, “We won’t tolerate a culture where anyone feels unsafe.”

Why Leadership Must Lead the Way

Sensitization starts from the top. When leaders understand the consequences of non-compliance, they’ll realize it’s about more than fines or legal penalties. It’s about credibility—the trust that employees and the public place in your company. It’s about the long-term damage to your employer brand if your workplace is known as one where harassment is tolerated, even subtly.

The POSH Act is designed to ensure that every employee feels safe, respected, and empowered to speak up. But the act, by itself, is only the framework. It’s the culture that an organization creates around it that will truly make the difference.

When management interferes or exerts influence on the IC, it undermines the very purpose of the law. The challenge, then, is to educate leadership teams and help them understand that fostering a safe workplace is about more than just checking a compliance box.

The Role of the External Member

Another piece of this puzzle is choosing the right External Member for the Internal Committee. Their role is critical because they’re meant to be the neutral party—the person with no conflict of interest. However, I’ve seen many organizations make questionable choices here. If your external member is closely connected to your company’s leadership, how neutral are they really?

Sensitizing leadership to this, too, is key. Choosing a truly neutral external member ensures that the IC functions independently, which is what the law intends.

Moving Beyond Compliance

Ultimately, creating a safe and inclusive workplace requires more than compliance. It’s about making an ongoing effort to build a culture of respect and inclusion. And the only way to do that is through consistent engagement—whether through POSH training, town halls, or coffee conversations. It’s about leadership not just understanding the rules but living the values the POSH Act represents.

And it starts with asking the right questions:

• Is your leadership team truly aligned with the spirit of POSH, or are they simply avoiding cases to keep things “quiet”?
• Is your IC empowered to act independently, or are they influenced by management’s agenda?
• Are you creating spaces for open conversations about harassment, not just in formal training but in everyday workplace culture?

Building a safe workplace is about more than compliance. It’s about creating a culture where everyone feels valued, respected, and empowered to speak up. And that starts at the top.

Let’s go beyond compliance, together.

#POSHTraining #POSHCompliance #SafeWorkplace #InclusiveLeadership #CultureMatters