Sexual Harassment At Workplace

DEFINITION

The Sexual Harassment of Women at Workplace Act, 2013 defines sexual harassment as any unwelcome behavior, whether direct or implied, including

1. physical contact,
2. demands for sexual favors,
3. sexually colored remarks, showing pornography, or
4. any other unwelcome conduct of a sexual nature

Importantly, this definition also includes instances of sexual harassment through electronic communication channels like email, social media, or messaging apps.

Thus this definition acknowledges that sexual harassment can occur through both explicit and subtle actions.

The Act aims to protect victims by recognizing the various forms sexual harassment can take and ensuring they are protected under the law, regardless of the nature of the harassment they experience.

FORMS OF SEXUAL HARASSMENT AT WORKPLACE

Workplace sexual harassment can take two main forms:

1. Quid Pro Quo
2. Hostile Work Environment

Quid Pro Quo involves someone in authority offering job benefits in exchange for sexual favors or threatening negative consequences if the victim refuses. This can be explicit or implied.

For example, a supervisor might promise a promotion in exchange for sexual favors, or imply that an employee will face consequences if they don’t comply with sexual advances.

Hostile Work Environment refers to a situation where pervasive sexual conduct creates an intimidating or offensive workplace. This can include unwanted physical touching, sexual jokes, or exposure to sexually suggestive material.

For instance, if an employee is repeatedly subjected to sexual propositions or exposed to explicit material by a supervisor, it creates a hostile work environment.

These definitions are outlined in Section 3 of the POSH Act of 2013.

CHARACTERISTICS OF BEHAVIOR THAT CONSTITUTE SEXUAL HARASSMENT AT THE WORKPLACE

Understanding the characteristics of behavior that constitute sexual harassment at the workplace is crucial for prevention. Such behavior may initially seem harmless but can escalate into harassment over time.

Key traits of behavior that qualify as sexual harassment include:

1. Being unwelcome: Actions that are not invited or sought by the recipient, regardless of the perpetrator’s intentions.

• Sexual in nature: Includes physical contact, explicit comments, displaying suggestive material, or making sexual advances.

• Subjective experience: Perception of harassment varies among individuals, and what one person finds acceptable, another may perceive as harassment.

• Power dynamics: Often occurs in situations where there is a power imbalance, with the perpetrator exploiting their authority or influence over the victim.

An example highlighting the importance of impact over intention is the case of John, whose off-color joke made a colleague uncomfortable, despite his lack of malicious intent. This highlights the significance of understanding the impact of behavior regardless of intent.

Sexual harassment can occur in various workplace relationships, including between coworkers, supervisors, clients, or vendors. However, it often thrives in situations where there is a power imbalance, making it challenging for victims to report the behavior without fear of repercussions.