Priya, a young professional, notices subtle but uncomfortable behaviour from her colleagues. Although no one says anything directly, she frequently feels the weight of lingering gazes and gestures that focus on her appearance. These non-verbal cues, though not openly hostile, make her feel objectified and uneasy. Despite the lack of any explicit remarks, Priya begins to dread walking through the office. She is struggling with whether these silent behaviours qualify as harassment or not.
Do you think this amounts to sexual harassment?
This anecdote highlights an often overlooked aspect of sexual harassment: Implicit harassment, where unspoken actions create discomfort and undermine the safety of a work environment.
Now let us understand this concept in detail.
Implicit harassment – What does it look like?
Implicit harassment refers to subtle, indirect forms of inappropriate behaviour that create discomfort in the workplace without the use of any overtly offensive language. Unlike explicit harassment, which involves direct verbal or physical actions, implicit harassment is conveyed through non-verbal cues, tone or context.
It can manifest in various ways, such as lingering stares, suggestive gestures or seemingly innocent compliments that carry an uncomfortable undertone. Though these actions might appear harmless on the surface, their repetitive and suggestive nature can lead to a hostile work environment where the employees feel objectified or unsafe.
The challenge with implicit harassment lies in its subtlety, making it difficult for victims to address or report it. Since there are no clear words or overt actions involved , individuals often second-guess their discomfort, questioning whether they are overreacting.
However, the cumulative effect of these non-verbal behaviours can have a significant impact on the victim’s sense of safety and well-being at the workplace. It’s important for organisations to recognise these subtle forms of harassment and create an environment where employees feel empowered to speak up, even when the behaviour is implicit.
The Kerala High Court’s judgement in Dr.Prasad Pannian vs The Central University of Kerala reinforces this understanding. The court held that sexual harassment need not be physical in nature and can also include non-verbal conduct, such as unwelcome advances or gestures. This judgement upholds the fact that harassment can manifest in various forms, many of which may not involve any physical contact.
How can we prevent implicit harassment?
- Raise Awareness: Through training programs, organisations should cover concepts of subtle and implicit harassment and clearly reinforce that sexual harassment is not always physical or overt. These programs should also emphasise the importance of respectful communication and non-verbal behaviour, encouraging employees to be mindful of how their actions may be perceived by others.
- Foster Open Communication: A conducive environment should be created wherein the employees are comfortable to voice their concerns and discomfort freely. A workplace culture that promotes open communication without judgement is essential for preventing and redressing incidents of sexual harassment.
- Establish Clear Policies: Update anti-harassment policies to include subtle and implicit behaviours. Make it clear that any form of harassment, whether apparent or not, will not be tolerated at the workplace.
So what can Priya do? She can definitely stand up against this kind of behaviour at her workplace. If she is comfortable, she can make it explicit with her colleagues that she is not comfortable with their implicit harassment. Further, she can also approach the Internal Committee (IC) of her organisation and file a formal complaint of sexual harassment against them. The IC is bound to take up the case just like any other explicit case of sexual harassment.
At Serein, our PoSH Employee Trainings are curated to understand subtle and implicit forms of sexual harassment extensively. Additionally, we also have expertise in drafting customised Code of Conduct policies to address these issues in your organisation.
To know more about our training and legal policies drafting services please write to us at hello@serein.in.