Law and Prevention of Sexual harassment


Sexual harassment at the workplace or anywhere else is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. It can be physical, verbal or written. Sexual harassment at the workplace or anywhere is not consensual interaction, flirtation or friendship. Sexual harassment is not behaviour that is mutually agreed upon. Sexual harassment is covered in the workplace when it happens:
·         at work
·         at work-related events or where people are carrying out work-related functions
·         between people sharing the same workplace
A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. Men experience sexual harassment at the workplace also other places but it disproportionately affects women, especially in the workplace. Diversity and Inclusion consulting can help to prevent sexual harassment at workplace and also at other places.

Responding to harassment

All incidents of sexual harassment at the workplace or anywhere – no matter how large or small or who is involved – require employers or managers to respond quickly and appropriately. Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour.

The law

Sexual harassment at the workplace and anywhere else is against the law under the Equal Opportunity Act. Some types of sexual harassment may also be offences under criminal law. These include indecent exposure, stalking, sexual assault and obscene or threatening communications, such as phone calls, letters, emails, text messages and posts on social networking sites. Employers should consider reporting criminal offences to the police.

Prevention of Sexual harassment

1.       No woman shall be subjected to sexual harassment at any workplace.
2.       The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
                     i.            implied or explicit promise of preferential treatment in her employment; or
                   ii.            implied or explicit threat of detrimental treatment in her employment ; or
                  iii.            implied or explicit threat about her present or future employment status; or
           iv.     interference with her work or creating an intimidating or offensive or hostile work      environment for her; or
                   v.           Humiliating treatment likely to affect her health or safety.

What should you do?

·         Hold the harasser accountable for his actions. Let people know what he did. Privacy protects harassers, but visibility undermines them.
·         Objecting to harassment is a matter of principle and ones right.
·         Don't respond to the harasser's excuses or diversionary tactics.
·         Speaking out: Speaking about sexual harassment is an effective tool in combating it. It mobilizes public opinion against it.
·         Report such harassment immediately or as soon as possible to the superior officer or to the police or seek the assistance of any NGO.

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