Workplace Harassment Legislation in India and the U.S. A: Cross-National Comparative Study

Abstract

Workplace harassment continues to be widespread issue all over the world, and it has a negative impact on the dignity, safety, and equality of workers. A comprehensive legal study of the workplace intimidation laws in India as well as United State of is being conducted as part of this paper. The purpose of this analysis is to assess the effectiveness, scope, and implementation of the respective legal frameworks.  According to Title VII of the Civil Rights Act of 1964, which the Equal Employment Opportunity Commission (EEOC) enforces, is the

legislation that governs such matters in the United States, whereas The POSH ACT, also known as the sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act,2013 serves as cornerstone legislation in India.

This study investigates the most important legal definitions, institutional mechanisms, and judicial interpretations in both of the jurisdictions under consideration. It brings to light substantial gaps in gender neutrality, enforcement mechanisms, and procedural safeguards. This is compared to the Indian framework, which is relatively new but progressive, particularly in terms of the establishment of Internal Complaints Committees for the purpose of redressal. The United States model demonstrates mature jurisprudence and broader protections under civil rights law. Insufficient reporting, inadequate implementation, and cultural barriers are some of the critical challenges that are identified in this paper. Additionally, the paper suggests that cross-jurisdictional learning could be utilized to strengthen both policy and practice. In conclusion, the study highlights the importance of having legal mechanisms that are robust, inclusive, and enforceable in order to guarantee that workers in both countries are free from harassment in the workplace.