What is Sexual Harassment of Women at Workplace?
Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act, 2013), defines sexual harassment as any unwelcome act of sexual nature. This includes physical advances and contact, demand or request for sexual favours in exchange for job-related benefits, making sexually coloured remarks, showing pornography, and more. Understanding sexual harassment at workplace is critical, especially for employees, to contribute to a safe and respectful working environment for all.
Types of Sexual Harassment Under the POSH Act
Primarily, there are two types of sexual harassment:
- Quid Pro Quo (This for That): This is an implied or direct promise of work-related benefits, such as promotion, appraisal, transfer, or more, in exchange for sexual favours. Quid pro quo also implies a threat or detrimental treatment if such sexual favours are denied. Usually, there is an element of power dynamics present in such cases.
In Union of India v. Mudrika Singh, the Supreme Court stated that one must keep in mind the power dynamics involved in workplaces sexual harassment cases. A subordinate aggrieved by sexual harassment faces several deterrents while they consider reporting against their superior. - Hostile Work Environment: Unwelcome conduct of sexual nature often creates a hostile work environment that is intimidating or hostile. It may include:
- Invading someone’s personal space intentionally, blocking their movements, or physical advances
- Sharing, sending, or displaying pornographic material
- Making sexually coloured remarks, offensive gestures, or crude jokes
Understanding sexual harassment at workplace and its various types enables an organisation to take a nuanced approach for preventing harassment at work.
What Counts as Sexual Harassment? Examples Under Indian Law
Sexual harassment of women at workplace may be physical, verbal, or non-verbal. Some examples include:
- A, a manager, often cracks vulgar jokes in meetings and gatherings, referencing female body parts. While not targeted at anyone, it creates an uncomfortable environment.
- When B, a team member, calls out A for his offensive jokes, he says, “Stop being so sensitive and laugh along, or the team might stop hanging out with you.”
- Y greets a new employee, X, and asks them if they are married. X appears uncomfortable and tells Y that they aren’t. Y responds, “Oh really? You must be too choosy then. You might want to hurry up, or the good ones will run out.”
- During a video meeting, A tells B to stand up and show them what they are wearing.
- Y, a sales team lead, tells X, their reportee, to use their beauty to get more clients and deals.
Causes of Sexual Harassment at the Workplace
Understanding sexual harassment at workplace stems from understanding its causes that are complex and multifaceted. It is an essential step to preventing harassment at work:
- Power Imbalance
According to the State of Women in Leadership 2026 Report by LinkedIn, women occupy only 33% of leadership positions. Usually, positions of authority rests with men where they make decisions that may affect women’s careers. This power imbalance may create an environment for quid pro quo. - Gender Stereotyping
Women are often stereotyped at workplaces and remain concentrated in lower-skill or pink-collar occupations, such as teaching, garment manufacturing, nursing, agriculture, domestic work, and more. Therefore, men often assume that women working in skilled, white-collar jobs are not serious. A lack of respect towards women as valuable colleagues often makes them subject of workplace sexual harassment. - Lack of Awareness and Education
Many employees are unaware of what constitutes sexual harassment. They may exhibit certain behaviour or acts without realising their sexual undertones. Further, the recipient of may also not know that it can be reported as sexual harassment. As a result, an environment that perpetuates behaviour and acts of sexual harassment may continue to grow. - Workplace Culture
The culture of an organisation significantly determines the potential of sexual harassment at workplace. For example, some organisations tolerate or dismiss offensive jokes, sexual humour, or casual sexism. They may believe that such conversations are ‘harmless’ and ‘friendly banter’ for team building. - Social Norms
Social norms and conditioning lead men to believe that they are entitled to the women around them, and it is their right to make physical advances towards them. Women, on the other hand, are conditioned to believe that they must remain quiet if men make them uncomfortable at work. This arises from fear of retaliation, reputational loss, not progressing in their careers, and more.
These are some of the leading causes of harassment that continue to make workplaces unsafe for women even after more than a decade of the POSH Act’s implementation.
Why Does Workplace Harassment Go Unreported?
A 2017 survey by the Indian National Bar Association (INBA) revealed that 70% of women do not report workplace sexual harassment despite the existence of the POSH Act, 2013. Another 2021 survey by The Analysis reveals that 87% of women never reported any instance of workplace sexual harassment to concerned authorities. Primarily, workplace sexual harassment may go unreported because of:
- Fear of Retaliation
Women fear retaliation, especially while reporting against a superior. They fear that reporting instances of sexual harassment at workplace may endanger their job and livelihood. - Lack of awareness about the redressal mechanism
The POSH Act, 2013, mandates an employer to establish an Internal Committee (IC) to handle complaints of workplace sexual harassment. Many employees are unaware of the IC and are unable to report. - Stigma around reporting
Sexual harassment is more about power dynamics than desire. Many harassers hold positions of power and authority, leaving the aggrieved person with no choice but to stay silent. Further, victim-blaming and judgment from peers also deter an employee from reporting.
Understanding sexual harassment at workplace is only the first step. There are several other factors at play that determine the reporting of workplace sexual harassment.
Effects of Sexual Harassment on Employees and Organisations
The effects of sexual harassment at the workplace can be far-reaching and significant for the aggrieved, the organisation, and the society at large. Here are some of the most common effects of sexual harassment at the workplace:
- Impact on the Aggrieved
Sexual harassment can have a severe impact on the aggrieved’s physical and mental health, job satisfaction, and overall well-being. They may suffer from anxiety, depression, stress, and trauma, which can affect their productivity and performance at work. It can also lead to absenteeism, high staff turnover, and the loss of skilled employees. - Legal Consequences
Sexual harassment can lead to legal consequences for the respondent (i.e., the person against whom a sexual harassment complaint has been filed) and the organisation. Aggrieved woman may file lawsuits against the respondent and the organisation for damages, and the organisation may face reputational damage and financial penalties. - Loss of Productivity
Sexual harassment at workplace can affect the productivity of the entire organisation. A workplace where sexual harassment is prevalent may have a negative work culture, leading to a lack of motivation, high absenteeism rates, a decrease in teamwork and low productivity. This can lead to a loss of business, limited growth, and difficulty in attracting and retaining talented employees.
Prevention of Sexual Harassment at the Workplace
Understanding sexual harssment at workplace is imperative for its prevention. Some actionable steps that an organisation can take to preventing harassment at work include:
- Establish an anti-sexual harassment policy and ensure its dissemination amongst all employees and stakeholder
- Constitute an IC for redressal of complaints
- Organise awareness programs for employees
- Organise capacity-building training sessions for IC members
- Encourage open dialogue and healthy conversations around sexual harassment
- Foster a top-down culture of a respectful work environment
Role of the Internal Committee in Prevention
The IC is the designated authority for redressal of workplace sexual harassment complaints. It is a quasi-judicial body, meaning that it has the powers of a civil court. Its role includes receiving complaints, conducting impartial inquiries, and recommending disciplinary actions as per the findings of the inquiry.
Therefore, to maintain overall integrity of the organisation, the IC’s role focuses significantly on fostering a safe and healthy workplace culture. This prevents unethical practices from taking root in the organisation and deters potential incidents of workplace sexual harassment.
How to Prevent Harassment at Work: What Employees Can Do
Creating a safe workplace is a shared responsibility. While employers are required to establish systems for prevention and redressal under the POSH Act, employees also play an important role in preventing workplace sexual harassment.
If you experience or witness unwelcome behaviour of a sexual nature, do not dismiss it as harmless or “part of the culture.” If it is safe to do so, clearly communicate that the behaviour is unwelcome. Keep a record of incidents, including dates, locations, messages, emails, or the names of witnesses, as this may support a complaint if required.
If you believe you have been subjected to workplace sexual harassment, report the incident to your organisation’s IC in accordance with the complaint mechanism prescribed under the POSH Act, 2013.
Employees who witness inappropriate conduct should not remain silent. Safe bystander intervention, offering support to the aggrieved person, and encouraging them to access the organisation’s redressal mechanism can help foster a respectful workplace culture.
Awareness and respectful behaviour are one of the most crucial ways to prevent harassment. Every employee contributes to creating a workplace where dignity, safety, and inclusion are valued.
Employer Obligations Under the POSH Act
The POSH Act, 2013 places a legal responsibility on employers to prevent workplace sexual harassment and provide an effective mechanism for redressal. Compliance extends beyond responding to complaints and requires organisations to create a safe, respectful, and inclusive work environment.
Under Section 19 of the POSH Act, employers are required to:
- Constitute an IC at every office or administrative unit employing 10 or more employees.
- Formulate and communicate an anti-sexual harassment policy to all employees.
- Organise regular awareness programmes for employees and capacity-building training for IC members.
- Provide a safe working environment that includes protection from sexual harassment.
- Assist the IC during inquiries and implement its recommendations.
- Maintain confidentiality throughout the complaint and inquiry process.
Include details of sexual harassment complaints and their disposal in the organisation’s annual report, wherever applicable.
Meeting these obligations not only ensures legal compliance but also builds employee trust, strengthens workplace culture, and reduces the risk of harassment.
Conclusion: Creating Safe Workplaces Starts with Understanding
Understanding sexual harassment at workplace is the foundation of preventing it. When employees recognise what constitutes inappropriate conduct and employers fulfil their responsibilities under the POSH Act, organisations are better equipped to foster workplaces built on dignity, respect, and accountability.
Preventing harassment at work requires more than compliance. It calls for clear policies, regular awareness initiatives, accessible reporting mechanisms, and leadership that actively promotes a culture of respect. Together, these measures help create workplaces where every employee feels safe, valued, and empowered to contribute without fear of harassment.
Frequently Asked Questions on Workplace Sexual Harassment
What is sexual harassment of women at the workplace?
Section 2(n) of the POSH Act, 2013 defines sexual harassment as any unwelcome act or behaviour of a sexual nature. It includes physical contact and advances, demands or requests for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
What are the types of sexual harassment at the workplace?
The POSH Act broadly recognises two forms of workplace sexual harassment: quid pro quo and hostile work environment. Quid pro quo involves seeking sexual favours in exchange for employment-related benefits, while a hostile work environment refers to unwelcome conduct of a sexual nature that creates an intimidating, offensive, or humiliating workplace.
What are the effects of sexual harassment on employees?
Workplace sexual harassment can significantly affect an employee’s physical and mental well-being, job satisfaction, and career progression. It may lead to stress, anxiety, depression, reduced productivity, absenteeism, and loss of confidence, while also negatively affecting overall workplace morale.
How can organisations prevent sexual harassment at work?
Organisations can prevent workplace sexual harassment by implementing a comprehensive anti-sexual harassment policy, constituting an IC, conducting regular employee awareness programmes, training IC members, encouraging timely reporting, and fostering a workplace culture based on dignity, inclusion, and respect.
Is it mandatory to have a policy against sexual harassment in India?
Yes. Under Section 19 of the POSH Act, 2013, employers are required to formulate and communicate an internal policy prohibiting sexual harassment at the workplace. The policy should clearly explain prohibited conduct, the complaint mechanism, the role of the IC, and the consequences of violating the policy.