Skip to main content
  • Personal
  • Business
  • Foundation
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • Customer Support Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    • Certification

      Validate your skills with the gold standard in HR

      • About SHRM Certification
      • Exam Preparation
      • Recertification
      • Apply for Certification Now
      Education Programs

      Expert-led training for real workplace change

      • Sprint Sessions
      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      • See All
      Executive Voices

      Bring our experts to your stage.

  • Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • All Things Work 2026
      • BLUEPRINT 2026
      • HR-X Live!
      • LEAP Employment Law Conference
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      • Center for Inclusion & Diversity
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      • AI Sprint sessions
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    back
    Learning
    • Certification

      Validate your skills with the gold standard in HR

      • About SHRM Certification
      • Exam Preparation
      • Recertification
      • Apply for Certification Now
      Education Programs

      Expert-led training for real workplace change

      • Sprint Sessions
      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      • See All
      Executive Voices

      Bring our experts to your stage.

  • Attend
    back
    Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • All Things Work 2026
      • BLUEPRINT 2026
      • HR-X Live!
      • LEAP Employment Law Conference
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    back
    Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      • Center for Inclusion & Diversity
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    back
    Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      • AI Sprint sessions
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Workplace News & Trends
  3. Is a Malicious Complaint, Truly Malicious?
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More

Is a Malicious Complaint, Truly Malicious?

May 1, 2023 | Jyoti Grover



Sexual Harassment affects all women in some form or the other. Lewd remarks, indecent touch, wolf whistles, and inappropriate stares are so commonplace in every woman’s life that it is almost dismissed as normal. Working women are no exception to this.

Sexual harassment in the workplace is widespread. According to a study conducted by Statista, it is estimated that 25%–85% of women have experienced some sort of harassment at work.

To abate the issues of Sexual Harassment, the POSH (Prevention, Prohibition, and Redressal) Act was established by the Supreme Court in 2013. While the Act requires companies with more than 10 employees to have an Internal Committee to redress Sexual Harassment complaints, in truth, most companies do not even have an Internal Committee to address such complaints.

Sexual Harassment often makes the victim feel guilty even though it is not her fault. As per an article published by Hindustan Times on January 4th, 2017, a survey conducted in 2017 by a non-governmental organization reveals that 68.9% of sexual harassment incidents at workplaces go unreported. The survey found that 68.9% of the victims who endured sexual harassment at workplaces did not make an official complaint due to factors like fear, embarrassment, lack of confidence in the complaint mechanism, unawareness, or the stigma attached to the issue. Research in recent times, show that number almost remains the same - at 63%.

Although most complaints are genuine cases of sexual harassment, the minuscule percentage that do get reported, are dismissed as bogus or malicious complaints. An analysis conducted between January 2022 and March 2022 further revealed that eight out of the ten complaints that were reported faced retaliation in some form or the other (Source: a report published by ETHRWorld on February 4th, 2023).

The executioner, in almost every complaint ascertains that the complaint is bogus or malicious in nature. The victim is then further hounded for her inability to prove her allegations. A report released by the U.S. Equal Employment Opportunity Commission (EEOC) in 2020 showed that 55.8% of the complaints received during 2020 are related to retaliation after reporting a sexual harassment incident. Further, according to the women surveyed by ABC and Washington Post, 95% of harassers go unpunished. (Source: InspiredLearning.com)

A malicious complaint is one made with an intent to cause harm, a deliberate attempt to defame a colleague or manager through conjuring up lies about an issue or incident that never really occurred with the knowledge that it would cause distress.

According to Section 14 of the POSH (Prevention, Prohibition, and Redressal) Act 2013, women can be penalized for filing bogus complaints. Although it is clearly outlined in the Act that the incapability to authenticate a claim would not be punishable, it has been found that the existence of this clause itself deters women from filing any complaints.

In the case of Usha C.S vs. Madras Refineries, witnessed by the Madras High Court, the employee stated that she was denied her study leave with pay, salary, and promotion since she refused the advances of the general manager of her department. A complaint committee was established, but the employee, for some reason, continuously delayed the inquiry hence it was concluded that her allegations of sexual harassment were purely a weapon used to negotiate for a promotion, study leave and pay which was opposed to company policy. The bench further dismissed it as a frivolous complaint. (Source: Legal Service India).

The Delhi High Court, in Anita Suresh vs. Union of India & Ors, in recent times imposed a fine of INR 50,000 on a lady who had filed a grievance of workplace sexual harassment but was unable to corroborate the same for lack of evidence or witnesses to authenticate her case (Source: Legal Service India).

The biggest challenge women face in making a complaint is that it is easily concluded that most women who are making a complaint under the POSH Act are misusing the Act for their personal benefits.

But the question here is how does one evaluate whether a complaint is malicious or genuine? Does lack of evidence prove the complaint to be bogus? Or do some hidden facts necessitate them as malicious? Additionally, how do you prove the intent behind the complaint to be malicious? Lack of evidence to prove the claim does not corroborate the complaint as malicious. These are some questions that the Internal Committee must consider before dismissing a claim as malicious so that justice can be served upon the complainant.

 


Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
Leveraging Mobile Technologies to Engage a Distributed Workforce

Transform HR with mobile technology to streamline workflows, enhance communication, and boost employee engagement across distributed teams.

Two young colleagues working together at modern office
(opens in a new tab)
News
Performance-Based Assessments Beat Knowledge Tests in Evaluating Employee Learning

A new study found that talent development practitioners believe performance-based assessments are more effective at measuring employee learning outcomes than knowledge tests.

(opens in a new tab)
News
How AI Is Redesigning, Not Replacing, HR and Other Jobs

As AI makes deeper inroads into organizations, employee concerns about the technology continue to grow. Here's how HR leaders can address the fear of AI among their own staff, as well as in the wider organization.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Academy Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview

  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Post an HR Job
SHRM Named to Newsweek's 2026 America's Top Online Learning Provider List
Advocacy

  • SHRM Advocacy
  • Federal Policies
  • State Affairs
  • Global Policy
  • Take Action
  • SHRM E2 Initiative
Brand Partnership

  • Partnership Opportunities
  • Advertise with Us
  • Exhibit & Sponsorship
  • Recertification Providers
  • Book a Speaker
Member Resources

  • Ask an HR Advisor
  • SHRM Newsletters
  • SHRM Flagships
  • Topics & Tools
  • Find an HR Job
  • Vendor Directory

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
Feedback

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

  4. Privacy Policy

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 2 free articles this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 2 free articles this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive professional premium resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive executive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now