A hostile work environment can be understood as unwelcome advances, sexual innuendos, or offensive gender-related language that is sufficiently severe or pervasive. Such instances can make it difficult for the victim to delegate their professional duties.
The US Equal Employment Employment Opportunity Commission (EEOC) categorises harassment as demanding sexual favours. This includes creating a hostile environment in case those demands are not met.
Definition of sexual harassment
In the Indian context, the PoSH Act 2013 looks at sexual harassment as certain behaviours or circumstances that may amount to sexual harassment. The Courts have adopted a broad and liberal definition of sexual harassment. Thereby making it more comprehensive about what behaviour or acts constitute sexual harassment.
In a workplace, instances of hostile work environments can occur in a hierarchical setup where junior employees hesitate to resist objectionable actions of their superiors, for fear of professional backlash. Hence, making the working environment highly toxic for them to operate.
Case Law
In the case of Gaurav Jain v Hindustan Latex Family Planning Promotion Trust (2015), Delhi High Court:
The court agreed with the ICC’s finding that a senior officer was guilty of sexual harassment for requiring a woman to accompany him on an unnecessary official trip as “being a junior employee she had no choice but to go… as it would have severely reflected on her performance on the job”.
This was further viewed as a case of a hostile and oppressive work environment. The court stated that
“sexual harassment at the workplace can also mean a hostile and oppressive work environment for a woman employee when power and authority from a male member of the organisation are being used to force her to accompany him on his outstation travels and late-night meetings.”
and
“that sexual harassment covers myriad inappropriate behaviour, ranging from smoking in a female colleague’s presence to forcing her to stay in a male colleague’s hotel room for a work trip.”
Case Law
In another case of Apparel Export Promotion Council vs AK Chopra, it was held that
“sexual harassment is not just restricted to physical contact but is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such a conduct by the female employee was capable of being used for effecting the employment of the female employee.”
Takeaways for the Internal committee
- Sexual harassment isn’t just physical harassment but is conducive to any unwelcome act with a sexual undertone.
- A hostile work environment is created due to acts of sexual harassment. The impact of the act on the victim should be considered and not the act in isolation.
- While understanding the scope of what constitutes sexual harassment the committee must adopt a liberal and broad approach. The Internal Committee must adopt a liberal and board approach in their understanding of what constitutes sexual harassment
- Sexual harassment isn’t just physical harassment but is conducive to any unwelcome act with a sexual undertone.
- A hostile work environment is created due to acts of sexual harassment. The impact of the act on the victim should be considered and not the act in isolation.