What constitutes sexual harassment?
Sexual harassment as defined in the Sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013 includes any one or more of the following ‘Unwelcome’ acts or behaviour:
- physical contact and advances;
- a demand or request for sexual favours;
- making sexually coloured remarks;
- showing pornography; or
any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
This would also include online harassment via internet, SMS and social network sites. Further, the following may also amount to sexual harassment:
- implied or explicit promise of preferential treatment;
- implied or explicit threat of detrimental treatment;
- implied or explicit threat about present or future employment status;
- interference with work or creating an intimidating or offensive or hostile work environment; or
- humiliating treatment likely to affect health or safety.