Preventing Sexual Harassment of Women at Workplace
Defining Sexual Harassment According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, “sexual harassment includes one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:
• Physical interaction or advances, or
• Demand or request for sexual favors, or
• Passing sexually colored remarks, or
• Showing Sexual content/pornography, or
• Any other unwanted physical, oral or non-verbal behavior of a sexual nature.”
Types of Sexual Harassment at the Workplace
Sexual harassment at work manifests itself in different forms – verbal, non-verbal and physical. The fourth category is called “Quid pro quo”. Some examples are:
i. Physical conduct
• Physical violence
• Rape or attempted rape
• Physical contact, e.g. unwelcome touching, patting, stroking, grabbing pinching, hugging
• Delaying someone’s route with the purpose of making a sexual advance.
ii. Verbal conduct
• Remarks on an employee’s appearance, age, private life, etc.
• Sexual comments, stories, and jokes
• Repeated unwelcome social invitations
• Insults based on the sex of the worker
• Condescending or paternalistic remarks
• Spreading lies or rumors about an individual’s private or sex life.
iii. Non-verbal conduct
• Display of sexually explicit or suggestive material
• Sexually suggestive gestures
• Starting, stalking, whistling, etc.
• Unwanted SMS/e-mail containing sexual comments.
iv. Quid pro quo (a favor granted in return for something)
It occurs when job advantage, including employment, raises, pay increases, shift or work projects, performance potentials and other conditions of employment are related to the provision of sexual favors, usually to an employer, mediator or agent of the employer who has the authority to make choices about employment issues; or the refusal of a sexual favor or demand for sexual favor results in a tangible employment disadvantage, a loss of a job benefit of the kind defined above.
v. Hostile work environment
Hostile working environment involves uninvited and unwelcome conducts or behavior, whether physical, verbal or non-verbal, leading to a work environment that is uncomfortable to an employee.
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