Sexual HarrassmentThe interpretation of the definition of the term ‘Workplace’ as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The attached document sensitises the employer and offers advice with some proactive measures to control the shadow pandemic of sexual harassment at least arising in connection with the workplace, though it may be work from home during the lockdown.

A survey by Indian National Bar Association revealed that 68 percent victims don’t report sexual harassment at the workplace because they fear consequences of retaliation and termination. While cases of cyber sexual abuse are rampant, there aren’t any official statistics available to reflect the gravity of the situation. The grey areas include off-colour jokes, objectionable WhatsApp forwards and personal remarks. In the present- day scenario of a lockdown and the work from home mandate, a bird’s eye view, points to how SH at the workplace is rampant even today.

#Scenario 1: One colleague goes to another colleague’s house to handover the computer system on which the work from home is to be done. He invites himself in and overstays his welcome. While there, he passes some inappropriate personal comments with underlying sexual tones such as ‘you look so much better and sexier in these clothes’ or ‘the work schedule is just raping us’ etc.

#Scenario 2: Inappropriate lewd jokes are cracked during a zoom meeting call where one of the participants who is a woman feels distinctly uncomfortable when the discussion veers to change in the workspace and reference is made to more work in the bedroom than at the office, followed by a discussion on how much time is clocked in for such “pleasurable” activity and if it can be billed or paid for!

#Scenario 3: A male colleague is inappropriately dressed during a skype video meeting call, wherein he is lounging at home with his shirt buttons open and scratching himself inappropriately making the female colleague uncomfortable. Another scenario where the video call is taken from the bed. Nothing is said but a lot is implied.

#Scenario 4: Text / WhatsApp messages which started off as friendly, checking up on safety and good health of the colleague, develops into personal and sexually intrusive conversations, enquiries and advice to a colleague

#Scenario 5: Reference to other female colleagues at office being sex bombs or ‘she is a bitch with brains or puns such as ‘she is perpetually on heat’ are all sexually determined behaviour which fall with the category of harassment.

Steps which are taken by proactive managements.

1. Notices and directives to be issued to all employees which are simply worded seeking cooperation while working from home while upholding the highest of professional ethics and observing code of business conduct. Reach out to all employees with an assurance that this new norm of work from home shall soon pass, but they must understand that the definition of the workplace stands extended.
2. All employees to be given comfort that anyone can reach out to the IC in case of any concern which will be redressed immediately. As evidence the employees are to be told not to delete the objectionable WhatsApp / text message. Exchanges of messenger services are used as legal evidence if the case reaches the IC or the court. The victim can also send an email to a senior/ colleague or to herself after the incident as this will serve as a good memory aid if she decides to report the case after a time period and can be used as evidence subsequently.
3. In case of any report of a complaint, the matter should be escalated without delay to the IC. It is important to remember in such times that any form of virtual or physical discomfort is a valid ground for harassment. It must be known to all employees that they can file for sexual misconduct, and the perpetrator will be dealt with as per the terms of the Act and policy.