What is Sexual Harassment?

Sexual harassment has been recognised as the most intimidating, degrading and violating form of violence against women. Within the workplace, it creates a hostile work environment and reinforces the perception of subjugation and suppression of women by men in all areas of their lives. In the context of the workplace, the rejection of attempts at sexual harassment may affect a decision concerning the employment status, conditions of work, compensation and other terms and conditions of employment.

The Supreme Court Guidelines on Sexual Harassment, 13 August 1997 has defined sexual harassment as “unwelcome sexually determined behaviour such as:

• Physical contact
• A demand or request for sexual favours
• Sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.”

Whether or not a particular action or behaviour constitutes sexual harassment is determined by the impact on the recipient, and is not dependent upon the intention of the perpetrator.

Different kinds of Sexual Harassment

Forms of Unwelcome Behaviors Which Can Constitute Sexual Harassment
Verbal		Non-verbal		Visual		Physical Contact
	derogatory comments of a sexual nature or based on gender		staring		presence of sexual visual material, such as posters, cartoons, drawings, calendars, pinups, pictures, computer programs of a sexual nature		unwelcome hugging, sexual touching or kissing
	sexual or gender-based jokes or teasing		sizing up a person’s body (looking up and down)		written material that is sexual in nature, such as notes or e-mail containing sexual comments		unwelcome hugging, sexual touching or kissing
	comments about clothing, personal behavior, or a person's body		derogatory gestures of a sexual nature		knick-knacks and other objects of a sexual nature		standing too close to or brushing up against another person, leaning over, invading a person's space
	requesting sexual favors		sexually suggestive looks				patting, stroking, grabbing or pinching
	pressure for dates		facial expressions of a sexual nature; winking, licking lips				blocking someone's path with the purpose of making a sexual advance
	graphic descriptions of pornography						stalking
	obscene phone calls						rape or attempted rape
	telling lies or spreading rumors about a person's personal or sex life						actual or attempted sexual assault, or forced fondling
	turning work discussions to sexual topics (using "puns")

Source: Sexual Harassment - Explore the Issue, Minnesota Advocates for Human Rights, STOPVAW

Forms of Sexual Harassment

Quid pro quo: This form of sexual harassment implies seeking sexual favours or making advances in exchange for work benefits. It occurs when consent to sexually explicit behaviour or speech is made a condition for employment, or refusal to comply with a 'request' is met with retaliatory action such as dismissal, demotion, difficult work conditions.

Hostile work environment: This is a more pervasive form of sexual harassment involving work conditions or behaviour that make the work environment 'hostile' for the woman to be in. Certain sexist remarks, display of pornography or sexist/obscene graffiti, physical contact/brushing against female employees are some examples of a hostile work environment, which are not natural conditions for employment, as in the above category.

Violation of Human Rights: Acts of Sexual Harassment within the workplace have now been recognized as a violation of Human Rights.

Source: Farrell, M., T. Saxena, J. Thekkudan and P. Pathak, 2008, Engendering Workplaces: Framework for a Gender Policy, New Delhi, PRIA.