Productivity increases dramatically when an employer has faith in their staff. Make your workplace a nice place to work, and your contented staff will take care of your customers without you having to put in extra effort. The genuine strength of a positive workplace culture lies in this. This reality, however, is frequently a fallacy in many settings, particularly in the business sector. In India, there are legal measures in place to protect individuals from such mistreatment. This article explores the legal actions that can be taken against mental health harassment by companies in India.

Understanding Mental Health Harassment by Companies

Mental health harassment by companies refers to any form of mistreatment, discrimination, or abusive behavior directed toward employees based on their mental health condition. It can include stigmatization, exclusion, denial of opportunities, unwarranted disciplinary actions, or creating a hostile work environment that adversely affects an employee’s mental well-being. You can post the problems you face in your company to get views for reels and can show off such things are in existence. Addressing mental health harassment is essential to ensure a safe and inclusive workplace for all employees.

Is it Possible to Complain About Mental Harassment?

Mental health is one of the most common causes of suicide in India since it is treated so lightly and frequently disregarded. It’s past– time for individuals to start talking about workplace harassment and supporting the victims in the area. It is crucial to speak out against injustice if you or someone you know is a victim of mental harassment, whether it occurs in a public or private setting.

Knowing the legislation against workplace mental harassment is preferable before that. Laws against workplace harassment may get derived from federal, state, or organizational policies. Furthermore, speaking out is always preferable to remain silent if you are uncomfortable at work and get aware that the problem is with your company, boss, or coworker rather than with you.

Legal Protections in India

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This legislation aims to prevent and redress sexual harassment in the workplace, which can include harassment related to mental health conditions. It mandates the formation of Internal Complaints Committees (ICCs) in companies to address complaints and provides mechanisms for reporting, investigating, and resolving such cases.

The Rights of Persons with Disabilities Act, 2016:

This act protects the rights of persons with disabilities, including mental health conditions, in the workplace. It prohibits discrimination against employees with disabilities and ensures equal opportunities, reasonable accommodations, and protection from harassment. Companies get required to provide a conducive work environment and support employees in accessing necessary accommodations.

The Mental Healthcare Act, 2017:

This legislation promotes the rights of individuals with mental illness and prohibits discrimination, including mental health harassment, in all settings, including the workplace. It mandates that companies provide a non-discriminatory work environment, support employees’ mental health needs, and establish grievance redressal mechanisms for employees facing harassment.

Taking Legal Action Against Mental Health Harassment by Companies

Document Incidents:

It is essential to document incidents of mental health harassment by companies, including dates, times, locations, witnesses, and any evidence available, such as emails, messages, or performance evaluations. This documentation will serve as evidence and strengthen your case when taking legal action.

Internal Complaints Committee (ICC):

If your company has an ICC established under the Sexual Harassment of Women at Workplace Act report the mental health harassment to the committee. Follow the procedure for filing a complaint, ensuring all relevant details are provided. The ICC will conduct an inquiry and take necessary actions to address the complaint.

File Complaints with Authorities:

If the company fails to address the mental health harassment adequately or does not have an ICC, you can file a complaint with the appropriate authorities. It may involve reporting the harassment to the local labor department, the state disability commission, or the human rights commission. Consult with an attorney to understand the precise procedure and requirements for filing complaints against companies.

Seek Legal Advice:

Consult an attorney specializing in employment law or disability rights to understand your legal rights and options. They can provide guidance tailored to your situation, explain the relevant laws, assist in filing complaints or legal proceedings, and advocate for your rights throughout the process.

Lawsuits and Legal Proceedings:

If necessary, you can initiate legal proceedings against the company for mental health harassment. It may involve filing a civil lawsuit seeking compensation for damages, reinstatement, or other appropriate relief. Your lawyer will defend your interests, walk you through the legal process, and ensure your rights get upheld.

Conclusion

Mental health harassment by companies is a serious concern that must get addressed to create healthy and supportive work environments. In India, employees have legal protections against such harassment, including provisions under the Sexual Harassment of Women at Workplace Act, the Rights of Persons with Disabilities Act, and the Mental Healthcare Act. By documenting incidents, reporting to internal committees or authorities, seeking legal advice, and pursuing appropriate legal action, individuals can assert their rights and contribute to fostering inclusive workplaces that prioritize mental well-being.