The Law provides that every Employer having 10 or more  employees must constitute an Internal Committee within the Organization to handle complaints of sexual harassment. The Law is applicable to all kinds of Organizations – Private and Public Sector companies, Government Bodies, Ministries, NGOs, Schools & Colleges etc.

There are penalties if the Law is not complied with, including cancellation of license to do business. However, employers should look at complying with this Law not because of these penalties but because sexual harassment free work environment would lead to better growth of business.

“Sexual Harassment” includes anyone or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

1. Physical contact or advances;

2. A demand or request for sexual favours;

3. Making sexually coloured remarks;

4. Showing pornography;

5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

Very often situations that start off innocently end up in inappropriate and unprofessional behaviours. It is important to remember that workplace sexual harassment is sexual, unwelcome and the experience is subjective. It is the impact and not the intent that matters and it almost always occurs in a matrix of power. It is possible that a woman may experience a single instance of sexual harassment or a series of incidents over a period of time. It is important also to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.

THE FIRST STEP TO PREVENTION IS RECOGNITION

Workplace Sexual Harassment is behavior that is

UNWELCOME

SEXUAL in nature

A SUBJECTIVE experience

IMPACT not intent is what matters Often occurs in a matrix of POWER

Unwelcome: Feels bad, One-sided, Feels powerless, Power-based, Unwanted, Illegal, Invading, Demeaning, Causes anger/sadness, Causes negative self-esteem

Welcome: Feels good, Reciprocal, In-control, Equality, Wanted, Legal, Open, Appreciative, Happy, Positive self-esteem

Professional: Decreased work performance, Increased absenteeism, loss of pay, Loss of promotional opportunities, Retaliation from the respondent, or colleagues/ friends of the respondent, Subjected to gossip and scrutiny at work, Being objectified, Becoming publicly sexualized, Defamation, Being ostracized, Having to relocate, Job and career consequences, Weakened support network

Personal: Depression, Anxiety, panic attacks, Traumatic stress, Sleeplessness, Shame, guilt, self-blame, Difficulty in concentrating, Headaches, Fatigue, loss of motivation, Personal Difficulties with time, Eating disorders (weight loss or gain), Feeling betrayed and/or violated, Feeling angry or violent towards the respondent, Feeling powerless, Loss of confidence and self esteem, Over all loss of trust in people, Problems with intimacy, Withdrawal and isolation

1. Making sexually suggestive remarks or innuendos.

2. Serious or repeated offensive remarks, such as teasing related to a person’s body or appearance.

3. Offensive comments or jokes.

4. Inappropriate questions, suggestions or remarks about a person’s sex life.

5. Displaying sexist or other offensive pictures, posters, mms, sms, whatsapp, or e-mails.

6. Intimidation, threats, blackmail around sexual favours.

7. Threats, intimidation or retaliation against an employee who speaks up about unwelcome behaviour with sexual overtones.

8. Unwelcome social invitations, with sexual overtones commonly understood as flirting.

9. Unwelcome sexual advances which may or may not be accompanied by promises or threats, explicit or implicit.

10. Physical contact such as touching or pinching.

11. Caressing, kissing or fondling someone against her will (could be considered assault).

12. Invasion of personal space (getting too close for no reason, brushing against or cornering someone).

13. Persistently asking someone out, despite being turned down.

14. Stalking an individual.

15. Abuse of authority or power to threaten a person’s job or undermine her performance against sexual favours.

16. Falsely accusing and undermining a person behind closed doors for sexual favours.

17. Controlling a person’s reputation by rumour-mongering about her private life.

* Above mentioned points are just an exmple to understand, there can be many more things in it.

1. Following-up on work absences.

2. Requiring performance to job standards.

3. The normal exercise of management rights.

4. Work-related stress e.g. meeting deadlines or quality standards.

5. Conditions of works.

6. Constructive feedback about the work mistake and not the person.