As per the POSH Act, ‘sexual harassment’ includes unwelcome sexual behaviour, whether directly or by implication, such as (i) physical contact and advances, (ii) demand or request for sexual favours, (iii) making sexually coloured remarks, (iv) showing pornography, or (v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The following circumstances, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:

• implied or explicit promise of preferential treatment in employment.
• Implied or explicit threat of detrimental treatment in employment.
• Implied or explicit threat about present or future employment status.
• Interference with work or creating an intimidating or offensive or hostile work environment.
• Humiliating treatment likely to affect the lady employee’s health or safety.

The definition is wide enough to cover both direct or implied sexual conduct which may involve physical, verbal or even written conduct.The key distinguishing feature  which qualifies behaviour as harassment is that it was conduct which was unwelcome and unwanted for the recipient.

Harassment may be broadly classified into Quid Pro Quo or Hostile workplaces.

• Quid Pro Quo sexual harassment can be comprehended as harassment which is ‘this for that’. In a typical situation of quid pro quo harassment, the respondent being a person in power, pressurizes the woman employee (usually a subordinate) for sexual favours in exchange for advancement in the workplace or threat of adverse employment action.
• The definition which includes ‘intimidating, offensive or hostile working environment’ can be understood to mean a workplace where an individual is uncomfortable on account of her sexuality and unable to work properly.

To determine what constitutes ‘sexual harassment’ depends upon the specific facts and the context in which the conduct / incident has transpired.