Sexual Harassment Laws Apply Even When You’re Working From Home

Sexual Harassment Laws Apply Even When You’re Working From Home

As of 21 March, 2020, a map on the Centers for Disease Control and Prevention website shows a grim picture of the world in the throes of the COVID19 pandemic. The effects of the pandemic will not be felt by all equally – people’s experiences will be marked by class, caste and gender differences, among others. The likelihood of domestic violence, child and elderly abuse might see a spike as most governments across the world implement lockdowns, the workforce (those part of formal economies) has taken to working from home.

The unthinkable (not really) has happened – workplaces have turned fluid overnight. Corporates have had to, grudgingly or not, allow their employees to work from home. The sudden switch in the work environment has disrupted their routines. However, while one is working and in touch with their colleagues, they’re still bound by rules of the company and the law. That’s to say, the POSH act would still apply under the current circumstances.

Here’s a quick list of Do’s and Don’ts for everyone working from home during the pandemic – for women to know what counts as violation and for men to know when they’re committing one.

1. It’s still not funny.

Do NOT share sexually explicit or suggestive multimedia messages (memes, WhatsApp forwards, GIFs, videos, audio clips, emojis, etc.) through official (Slack/Google Talk) or unofficial (WhatsApp) communication channels with your colleagues.

2. Keep meetings within office hours.

Working from home is still just as much work as when an employee works from the office. It’s essential to remind oneself of boundaries and schedule all work-related communications within office hours. Do not call for meetings late in the night or too early in the morning unless there is unanimous consent from the team. Best not to call for one-on-one meetings at odd hours. It might be a good idea for managers to acknowledge the difference in power and use their agency judiciously.

3. You’re still at work.

It would be a good idea to practice decency and professionalism while working from home. Best not to sit in for a meeting in your pajamas or change into better clothes while still in the meeting (duh). Keep communications formal, as you would while working at the office.

4. Don’t harass your colleagues.

Don’t make unwarranted phone calls to flirt with colleagues against their consent. The physical distance might have increased, the law still remains the same. Don’t send lewd texts, images, basically don’t do anything you wouldn’t do at work.

The above insights are a product of our learning from our advisory work at Ungender. Our Team specialises in advising workplaces on gender centric laws.

or email us at contact@ungender.in

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