WhatsApp, Email and Virtual Meetings: Conduct at the Digital Workplace
Short answer: most work now happens on screens, and the same standards of respect apply there. The Act describes unwelcome conduct of a sexual nature whether it is physical, verbal or non-verbal, and defines a workplace to include places an employee visits in the course of work. Many organisations therefore treat work-related messages and calls as part of the workplace in their own policies.
This article is general information, not legal advice. Whether a particular online situation falls within the Act depends on the facts.
Hybrid and remote work has blurred the edges of the office. A late-night message from a manager, a joke in a team group, a comment on a video call and a private chat that starts about work and drifts elsewhere can all affect how safe someone feels. The setting may be informal, but the effect can be the same.
Section 2(n) covers unwelcome physical, verbal and non-verbal conduct of a sexual nature, including sexually coloured remarks and showing pornography. It applies "directly or by implication". The definition of workplace in section 2(o) includes any place an employee visits arising out of or during the course of employment. The Act does not list platforms, so treat a policy as the place to spell out expectations for messaging apps, email and video calls.
These are short, fictional set-ups, and we have left the answers out on purpose.
Each depends on what was said, how often, between whom, and how it was received.
Encourage people to keep a simple record of what happened, such as dates and screenshots where available, and to take it to the reporting route in your policy. A manager who hears about it should treat it with care and pass it on rather than investigating alone. See our note on receiving a concern.
Online conduct is best learned through realistic examples and discussion. Our POSH Training for Employees covers digital scenarios, and our sessions can run live online. See Online POSH Training and POSH Training in India.
Related reading: What Constitutes Sexual Harassment at Work?
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.