Definition of Sexual Harassment under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013

Sexual Harassment can be committed by a person of any position in an organisation. It is also important to mention that sexual harassment is not limited to making inappropriate sexual/physical advances. In fact, sexual harassment includes any unwelcome verbal or physical behavior that creates a hostile, degrading and humiliating work environment.

We should always remember that the first step towards prevention of sexual harassment is recognition of the offense. Women mostly dust off an uncomfortable encounter of harassment under the rugs, because they do not have an understanding of the fact that the inappropriate instance she was subjected to, actually amounted to sexual harassment. An aggrieved woman shall always remember that any unwanted act, by a person at workplace, which they do not reciprocate, which makes them feel bad, powerless, invading, demeaning, uncomfortable, and illegal and causes negative self esteem and makes them feel angry or sad, is an act of sexual harassment. It also does not have to be a series of repeated instances to be qualified as sexual harassment. One instance of sheer discomfort caused to women due to an unwelcome and sexual conduct is enough to be called “sexual harassment”.

There have been some instances where an aggrieved woman would file a complaint against a colleague for blatantly staring at her for no reason, for being intimidated by a colleague’s action and lewd way of talking, or for coming uncomfortably close to her. Unfortunately these actions were not recognized as a case of sexual harassment by the employer organisation because according to common belief, it is sexual harassment only when there is an explicit case of sexual advances towards a woman. THIS IS WRONG! People need to know that the definition of sexual harassment is anything but narrow. This is a wide definition which includes almost any action that makes a woman feel uncomfortable, intimidated and compromised, when committed by the respondent at a workplace.

Some of the examples of Sexual Harassment at Workplace are as follows:

• If the respondent shares or shows sexually inappropriate images or videos, such as pornography, to a woman, which visibly makes the woman uncomfortable. That shall amount to sexual harassment. There is lot of instances when a woman asks their colleagues not to do so and even communicate to them about their discomfort. Inspite of repeated reminders or warnings the colleagues goes on to repeat his act. All these constitute to sexual harassment.
• The respondent sending suggestive letters, notes, or e-mails which makes a women uncomfortable.
• Displaying inappropriate sexual images or posters in the workplace, knowing that the same will make a woman feel uncomfortable and invaded.
• Telling lewd jokes, or sharing sexual anecdotes with a woman knowing that she won’t reciprocate or entertain the same.
• The respondent making inappropriate sexual gestures to a woman employee, knowing that the same will be making her feel humiliated and uncomfortable. Inspite of that knowledge, if the respondent intentionally makes such a gesture, he is liable for sexual harassment.
• This is one of the most common cases of sexual harassment, where men stare at a woman in a sexually suggestive or offensive manner. They would stare at the woman for no reason at all and make a woman feel exposed and compromised.
• Making sexual comments about appearance, clothing, or body parts of a woman also amounts to sexual harassment. The respondents comments on a woman’s clothing or her body part is an attack on her virtue. By doing so the woman is being victimized to sexual harassment.
• Inappropriate touching, including pinching, fondling, patting, rubbing, or purposefully brushing up against a woman is one of the highest degrees of sexual harassment at workplace. There are times the respondent would corner the woman in a secluded area of the workplace and fondle her or brushes up against her, leaving a woman feel powerless. The man would suddenly walk past a woman and pinch her leaving her feel humiliated. He would find instances to stand close to her, invading her personal space and rub against her purposefully. It might look as a general conversation between two people to the outside world but on the inside it is only the woman victim who is aware of the violence she is being subjected to.
• Asking sexual questions, such as questions about someone’s sexual history or their sexual orientation
• Making offensive comments about someone’s sexual orientation or gender identity. The respondents would make a lewd comment judging a woman on her sexual orientation. They would humiliate her or spread rumours about her, commenting and judging her about how she walks, sounds or dresses like an opposite gender or the third gender. The respondents would gossip and judge a woman about her sexual preferences. All the aforementioned falls under the definition of sexual harassment.
• The most common practice of sexual harassment at workplace is of the respondent explicitly demand or request for sexual favours in exchange for work benefits or other work related advantages. Most of the times a man would simply threaten a woman with harsh consequences if he doesn’t relent to his sexual demands. Unfortunately a lot of woman have been subjected to this particular fate and succumbed to the same.
• There are also incidents where a man would persistently ask out a woman inspite of being turned down repeatedly. The man would approach a woman and ask her to accompany him for dinner dates, movies etc. One has to understand that a man approaching a woman for recreational activities is not the issue. The issue occurs when a disinterested woman would refuse to take up the man on such proposals, and inspite of such refusal the man would persistently propose her the same. A woman’s refusal is enough for a man to understand her disinterest and discomfort on being asked out several times. Herein, the man has committed sexual harassment by repeatedly causing discomfort to a woman.
• Stalking. A term all of us are very much aware of. The respondent might follow the woman on her way to the washroom, pantry, or any other place she visits at her workplace. The man might even follow her back from her workplace to any other place she chooses to visit. Apart from the fact, if the respondent stalks her social media profiles, or cyber stalks her in any other manner, the same amounts to sexual harassment at workplace.
• Defaming a person’s reputation by spreading false rumours about her private life- A lot of women have fallen victims to false rumours being circulated about them. They fall victim to vengeful/ resentful people in their workplace and fall prey to such atrocity. For example: A man would approach a woman in his workplace and the woman would deny his advances. Her denial makes the man vengeful towards the woman and hence he would spread rumours about her just to get back at her.
• Insulting, humiliating, criticizing, blaming, reprimanding or condemning a woman in public

Impact of Sexual Harassment at Workplace

Sexual Harassment at workplace not only impacts the psyche of a woman but also has a direct bearing on her performance as well as workplace productivity. Her constant state of fear in her workplace causes her to have a negative perception towards almost everything around her which causes a major setback in her personal life as well.

The impact of sexual harassment at workplaces can be on both personal professional aspects of an individual. While the professional aspects result into decreased work performance, repeated leaves from work which leads to loss of pay, loss of opportunities for promotion eventually leading to job and career setback the personal aspects have a less visible effect leading to stress and continued depression resulting into multiple psychological issues.