Understanding Sexual Harassment in the Workplace: Your Rights and How to Report

Sexual harassment is a serious issue that violates an individual's fundamental rights and dignity. It creates a hostile and intimidating work environment and can have significant detrimental effects on a person's well-being and career. It is crucial to understand what constitutes sexual harassment and the procedures available for reporting it.

What Constitutes Sexual Harassment?

The definition of sexual harassment extends beyond overt physical acts. You have been subjected to sexual harassment if you have experienced any of the following:

• Unwarranted physical contact and advances: This includes any unwelcome touching, patting, pinching, or attempts at physical intimacy.

• A demand or request for sexual favors: This involves any explicit or implicit solicitation for sexual acts in exchange for benefits or avoidance of negative consequences.

• Making sexually colored remarks: This encompasses offensive jokes, comments, innuendos, or gestures of a sexual nature.

• Showing pornography: Displaying sexually explicit images, videos, or other materials that create a hostile environment.

• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature: This is a broad category encompassing a range of behaviors that create an uncomfortable or offensive environment due to their sexual nature.

  
  

Furthermore, you have also been subjected to sexual harassment if:

• You were promised preferential treatment (e.g., promotion, favorable assignments) in exchange for sexual favors.

• You were threatened with detrimental treatment (e.g., demotion, termination, negative performance reviews) for refusing sexual favors.

• Your present or future employment status was threatened for refusing sexual favors.

• You were subjected to a hostile and intimidating work environment due to your refusal of sexual favors.

• You were subjected to humiliating treatment that affected your health and safety as a consequence of refusing sexual favors.

  
  

How to Report Sexual Harassment in the Workplace:

Establishing a clear reporting mechanism is vital for addressing instances of sexual harassment effectively. The procedure for reporting varies based on the size of the organization:

• Organizations with more than 10 employees: You are required to file a written complaint with the Internal Complaints Committee (ICC) that must be constituted in accordance with the provisions of the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The complaint should detail the incident(s), including dates, times, locations, and the name(s) of the alleged harasser(s).

  
  

• Organizations with less than 10 employees: For workplaces with a smaller workforce, you are requested to file an online complaint with the National Commission for Women (NCW) or approach the nearest State Commission for Women in your city. These bodies are mandated to address grievances in such cases.

  
  

Limitation Period for Filing a Complaint:

It is crucial to adhere to the stipulated timelines for filing a sexual harassment complaint:

• Generally, the complaint must be filed within three months from the date of the incident.

• However, under special circumstances, the Internal Complaints Committee or the relevant authority may entertain complaints filed after the expiry of this three-month period, provided there is a justifiable reason for the delay.

• In cases involving recurring incidents of sexual harassment, the complaint must be filed within three months from the date of the latest incident.

  
  

Understanding your rights and the proper reporting procedures is the first step towards creating a safe and respectful work environment for everyone. If you have experienced sexual harassment, it is important to come forward and utilize the mechanisms in place to address such misconduct.