Many companies unwittingly expose themselves to defamation suits by reporting a former employee as “guilty” of sexual harassment in a Background Verification (BGV) check when the inquiry is either pending, inconclusive, or the person was merely an “accused” (Respondent) without a final verdict. Confidentiality is a critical aspect for an effective inquiry and redressal mechanism under the PoSH Act. The primary legal framework governing non-disclosure is Section 16 of the Act. Section 16…
