Introduction
Many women hesitate to report workplace harassment because they fear retaliation from their employers, colleagues, or even clients.
Retaliation happens when an employer punishes an employee for speaking up against harassment or discrimination.
Common retaliation tactics include:
- Job termination
- Salary reduction or denial of promotion
- Unfair performance reviews
- Bullying, isolation, or verbal abuse
The good news? Retaliation is illegal under the POSH Act, 2013 and Indian labour laws. Employers cannot punish employees for filing a complaint.
This article will help you:
- Identify workplace retaliation
- Understand your legal rights
- Take action if your employer retaliates.
- Protect yourself after filing a POSH complaint
What is Workplace Retaliation?
Retaliation is any negative action taken against an employee after they report workplace harassment or discrimination.
Examples of Workplace Retaliation:
- Job-Related Retaliation: Getting fired, demoted, or transferred after filing a complaint. Being denied a promotion or salary hike for reporting harassment.
- Workplace Harassment: Colleagues or managers spreading false rumours. Being ignored in meetings or excluded from projects.
- Psychological Pressure: Employer forcing the victim to withdraw the complaint. Creating a hostile work environment to make the victim quit.
Example: A female IT employee files a POSH complaint against a senior manager. A month later, she gets a poor performance review and is denied a promotion—this is workplace retaliation.
How to Recognise Retaliation?
If you notice sudden changes in your work environment after filing a complaint, you may be facing retaliation.
Ask Yourself These Questions:
- Was I denied an expected raise or promotion after my complaint?
- Am I being treated unfairly compared to my colleagues?
- Did my employer or colleagues start treating me differently?
- Do I feel isolated, bullied, or threatened at work?
Legal Protection Against Workplace Retaliation
What Does the Law Say?
- The POSH Act, 2013, states that victims of workplace harassment cannot be punished for filing a complaint.
- Indian labour laws protect employees from unfair termination and workplace discrimination.
Legal Consequences for Retaliation:
- Employers can be fined ₹50,000 for POSH non-compliance.
- Victims can file a labour court case for wrongful termination.
- The employer may be forced to reinstate the employee with back pay.
Example: A female banker reports her male team lead for inappropriate comments. The bank transfers her to a less prestigious branch. She can file a case in labour court for wrongful transfer.
How to Protect Yourself After Reporting Harassment
Step 1: Document Everything
- Save emails, texts, or messages showing retaliation.
- Keep copies of performance reviews and work reports.
- Record any conversations with HR or managers.
Example: If your employer cuts your salary after filing a complaint, keep records of previous salary slips as proof.
Step 2: Seek HR and Internal Support
- Report retaliation to HR in writing.
- Ask for a review of unfair job decisions (like demotions or pay cuts).
- Request HR to investigate any workplace bullying or isolation.
Example: A female journalist reports sexual harassment by a senior editor. Afterward, she is given fewer assignments. She should submit a written complaint to HR for job discrimination.
Step 3: Approach the Local Complaints Committee (LCC)
- If the company ignores retaliation complaints, report the case to the LCC in your district.
- The LCC can conduct an independent investigation.
Example: If an employer forces an employee to resign after a POSH complaint, she can report the case to the LCC for legal action.
Step 4: File a Case in Labour Court
- If HR or the LCC fails to take action, file a wrongful termination or discrimination case in labour court.
- Courts can fine employers and order them to reinstate the employee.
Example: A female school teacher is fired after reporting harassment by the principal. She can file a case for wrongful termination under labour laws.
Step 5: File a Police Complaint (If Necessary)
- If retaliation involves threats, stalking, or physical harm, file an FIR under IPC laws.
Example: If a victim receives threatening calls from the harasser, she can file an FIR for criminal intimidation.
Workplace Retaliation in Different Industries: Sector-Specific Challenges
- IT and Corporate Jobs: Fear of job loss due to hierarchy. HR teams may side with senior managers. Tip: Keep detailed email records and project assignments to prove unfair treatment.
- Healthcare (Doctors, Nurses, Medical Staff): Workplace harassment by senior doctors or patients. Fear of career damage for reporting harassment. Tip: Report to the hospital ICC or medical association for additional support.
- Education (Teachers, Professors, School Staff): Harassment from senior faculty or administrators. Fear of losing tenure or job security. Tip: Seek support from women's rights groups or education unions.
- Banking and Finance: A male-dominated work culture can discourage reporting. Women may be sidelined from important projects. Tip: Consult a labour lawyer for wrongful demotion or project removal.
- Media and Entertainment: Fear of being blacklisted in the industry. Lack of proper HR mechanisms.
- Tip: File complaints with industry bodies like the National Commission for Women (NCW).
What Should You Do If You're Facing Retaliation?
- Report retaliation to HR in writing.
- Document all proof (emails, reviews, salary slips).
- Approach the Local Complaints Committee (LCC) if HR does not act.
- File a labour court case for wrongful termination or discrimination.
- Seek legal help if needed (women's rights organisations, labour lawyers).
Retaliation is illegal! Every woman has the right to a safe workplace without fear.
FAQs on Workplace Retaliation
Can my employer fire me for reporting harassment?
No! Your employer can not fire you for reporting harassment.
What if my HR team does not support me?
File a complaint with the Local Complaints Committee (LCC) or labour court.
Can I file a police complaint for workplace retaliation?
Yes! If the retaliation involves threats, stalking, or intimidation, file an FIR under IPC laws.
Can I file a case if my employer reduces my salary after a POSH complaint?
Yes! But unfortunately, if you file a case against your employer, it will take a very long time for the case to end. So, before filing a case, you should report the matter to the local authorities.
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