The Equilibrio Gazette
A brief bulletin for building safe workspaces!
This weekly newsletter is your gateway to staying current on relevant
laws (like POSH, POCSO, Transgender Persons Act, etc.) and the
psychosocial intersections that impact the workplace.
20th July 2024 | Issue No. 40
Upcoming Events
Mark your calendars! In this section, we highlight an upcoming event you won't want to miss.
Yesterday at our Foundational
Workshop we went on an exploration
with our cohort about what Diversity,
Equity, Inclusion and Belonging can
mean in the context of workplace.
We shared experiences and
examined the structures of
organizational equity and how they
can be reimagined.
If you want to delve deeper into the
understanding of workplace diversity
and inclusion while connecting with a
community of driven, like-minded
indviduals join us for our 2 Level
Certificate Course “In This Together”.
We will not only look at the sociohistorical context of various
protected groups but also explore
what workplace equity can look like
for them from an intersectional and
legal perspective.
In the Spotlight!
Explore ways to build your knowledge and capacity with our team of in-house experts!
The Reasonable Person Standard is
essential in sexual harassment
cases, assessing if behavior is
offensive by an average person’s
view. This promotes safer
workplaces under the POSH Act by
balancing subjective and objective
assessments, considering context,
and ensuring fair, clear policies.
This week we are spotlighting the
experiences of our participants from
our last Foundational Workshop on
DEIB concepts. Our participants
share their insights on how there are
so many layers to unpack in the
DEIB journey. And to address those
layers we bring to you our 2 month
long DEIB Certification Course, “In
This Together”.
Stay Current!
~ Spotlighting Landmark Judgments since passing of the Law!
I - LEGAL UPDATES
The Madras High Court ruled that
ongoing sexual harassment,
including rape, constitutes continuing
misconduct and isn’t barred by
limitation. It dismissed the
petitioner’s claim that the complaint
was time-barred under the POSH
Act, emphasizing that delays were
due to fear of victimization. The court
mandated fair cross-examination of
witnesses and ordered the IC to
complete the inquiry within 60 days.
The Gujarat High Court determined
that while asking a woman for
personal details is inappropriate, it
does not constitute sexual
harassment under Section 354A of
the IPC. Justice Nirzar Desai noted
that such behavior, although possibly
offensive, does not meet the criteria
for sexual harassment. The court
questioned the FIR’s validity,
suggesting it might be retaliatory.
The Calcutta Court clarified that for
offenses under Sections 354C
(voyeurism) and 354D (stalking),
essential elements include that acts
must occur in public spaces. Stalking
requires unwanted contact,
repetition, and absence of interest. In
this case, the petitioner’s actions did
not meet these criteria, leading the
court to quash the proceedings.
II - Exploring Intersections
Self-care in the workplace is crucial
for mental health and overall well-being.
This intersection of mental
healthcare and DEIB involves
mindful breaks, physical wellness,
emotional check-ins, and healthy
boundaries. Prioritizing self-care
fosters a supportive, inclusive
environment, allowing individuals to
thrive professionally and personally.
Embrace self-care by taking mindful
breaks, incorporating movement,
acknowledging emotions, and setting
boundaries.
As we move through Disability Pride
Month Inclusion at Work examines
the various facets of the systemic
bias that challenges the disability
rights movement. We look at the
inherent roots of ableism and how it
impacts disabled persons.
Engage with us!
Here's your weekly food for thought through a Fun Fact or Quiz.
The first openly gay athlete to compete in the modern Olympics was Robert
Dover, who came out during his second Games in 1988. Dover represented the
United States in equestrian team dressage, winning bronze in 2004 alongside
fellow openly gay athlete Guenter Seidel. Dover has advocated for gay athletes
to come out, highlighting their contribution in every sport. This was a significant
milestone for LGBTQ+ representation in professional sports.
![](https://equilibrioadvisory.org/wp-content/uploads/2023/10/c02bbaf6-fc35-7347-ca00-23233194fcd9.jpg)
Have a burning question about POSH? Maybe Mental Health at Work, Child safety or DEI&B strategies? Drop us an email with your query and we would love to answer it, in all seriousness.
Curious Cat: How can one protect children in the metaverse?
Answer: One should educate children about the dangers of online predators,
emphasizing open communication about their online experiences. Keep social
media profiles private and ensure robust privacy settings on children’s
accounts. Caution against playing online games with strangers. Use
educational materials and research to understand the basics of digital threats.
Regularly perform reverse image searches to identify and remove unauthorized
photos, and consider services like DeleteMe to eliminate private information
shared by data brokers. Engage children in discussions about online safety to
better support and protect them.
Parents and caregivers must stay updated and educate themselves to be
aware of what to look for and how to recognise and respond to signs of
distress. To understand more, reach out to us at CSAW to access tools, training
and support for parents and other stakeholders for children’s safety.
Here’s all the tools you need to build safe and equitable workspaces!
Drop us a Hey, to get started!