What Constitutes Sexual Harassment at Work?
POSH & Workplace Respect
Short answer: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 describes sexual harassment as one or more unwelcome acts of a sexual nature, directly or by implication. The Act names five kinds of behaviour. The word "unwelcome" does a lot of the work.
This article is general information, not legal advice.
The five kinds of behaviour in the Act
Section 2(n) lists these unwelcome acts or behaviours:
- Physical contact and advances. Touching or moving closer in a way the other person has not invited.
- A demand or request for sexual favours. Asking for one, whether openly or by suggestion.
- Sexually coloured remarks. Comments, jokes or remarks with a sexual tone.
- Showing pornography. In any form, on a screen, a phone or on paper.
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. This catch-all covers behaviour that does not fit neatly into the first four, such as persistent unwanted attention or sexual gestures.
The Act says these apply "directly or by implication". Conduct does not need to be openly stated to count.
Why "unwelcome" matters
The behaviour does not become harassment because someone meant harm. It is about whether it is unwelcome to the person on the receiving end. "I was only joking" explains the intention, but it does not settle whether the conduct was welcome.
This is one reason awareness training spends time on boundaries, context and impact, rather than only on a list of banned words.
Circumstances that can point to harassment
Section 3 adds that certain circumstances, if they occur or are connected with such conduct, may amount to sexual harassment. In plain words:
- a promise, openly or by hint, of better treatment at work;
- a threat, openly or by hint, of worse treatment;
- a threat, openly or by hint, about her present or future job status;
- interfering with her work, or creating an intimidating, offensive or hostile work environment;
- humiliating treatment likely to affect her health or safety.
Think of the first three as the pressure that comes with a position of power. The fourth and fifth are about the effect on the person's ability to work.
A few situations to think about
These are short, fictional set-ups. We have left the answers out on purpose, because the outcome depends on facts that only a proper process can establish.
- A colleague keeps sending late-night messages that are friendly in tone but personal, and the recipient has not replied warmly.
- A manager says a promotion discussion could "go better" over a private dinner.
- A group shares a joke in a team chat that one member has asked them to stop.
Each of these raises questions: what was said, how often, between whom, and how was it received? Working through such questions with a trained facilitator is part of what a live session does.
What the Act does not cover
The Act deals with sexual harassment. Conduct that is rude, bullying or humiliating but not sexual in nature is serious and may breach your code of conduct, but it generally sits outside this Act. Organisations usually deal with it through other policies.
It is also not every unpleasant workplace exchange. A fair process looks at what actually happened.
Who is protected, and where
The Act's protection is framed for women. The "aggrieved woman" at a workplace is a woman of any age, whether employed or not, who says she was subjected to sexual harassment by the respondent.
"Workplace" is broad. It includes private and public organisations, hospitals, and places an employee visits in the course of employment, including transport provided by the employer. An organisation's own policy may reasonably treat work-related messaging and video calls in the same way, and many do.
Some organisations also adopt a wider conduct policy that covers everyone. That is an additional company policy, not part of the Act's scope.
How a complaint starts
A complaint is made in writing to the Internal Committee, generally within three months of the incident, with a possible extension of up to three more months for recorded reasons. If someone cannot put it in writing, the Presiding Officer or a member must help her do so.
Where training helps
Definitions are easy to read and harder to apply. A good session helps employees recognise situations as they happen, understand where boundaries sit, and know what to do next. See POSH Training for Employees. For role-based programmes for managers, leaders and committee members, see POSH Training in India.
Related reading: When Is an Internal Committee Required?
Information on this website is for training and general awareness. It does not constitute legal advice. Organisations should obtain advice appropriate to their facts and applicable law.
Sources: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 — text of the Act and Rules.