Sexual harassment

Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in
exchange for sexual favors.[1] In most modern legal contexts, sexual harassment is illegal. As defined by the United
States' Equal Employment Opportunity Commission (EEOC), "It is unlawful to harass a person (an applicant or employee)
because of that person's sex." Harassment can include "sexual harassment" or unwelcome sexual advances, requests for
sexual favors, and other verbal or physical harassment of a sexual nature. The legal definition of sexual harassment varies
by jurisdiction. Sexual harassment is subject to a directive in the European Union.[2]

Although laws surrounding sexual harassment exist, they generally do not prohibit simple teasing, offhand comments, or
minor isolated incidents—that is, they do not impose a "general civility code". [3] In the workplace, harassment may be
considered illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in
an adverse employment decision (such as the victim's demotion, firing or quitting). The legal and social understanding of
sexual harassment, however, varies by culture.

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee
of the employer, such as a client or customer, and harassers or victims can be of any gender.[4]

It includes a range of actions from mild transgressions to sexual abuse or sexual assault.[5]Sexual harassment is a form
of illegal employment discrimination in many countries, and is a form of abuse (sexual and psychological abuses)
and bullying. For many businesses or organizations, preventing sexual harassment, and defending employees from sexual
harassment charges, have become key goals of legal decision-making.

Etymology and history

The concept of sexual harassment, in its modern understanding, is a relatively new one, dating from the 1970s onwards;
although other related concepts have existed prior to this in many cultures. The term sexual harassment was used in 1973
in "Saturn's Rings", a report authored by Mary Rowe to the then-President and Chancellor of the Massachusetts Institute of
Technology (MIT) about various forms of gender issues. [6] Rowe has stated that she believes she was not the first to use the
term, since sexual harassment was being discussed in women's groups in Massachusetts in the early 1970s, but that MIT
may have been the first or one of the first large organizations to discuss the topic (in the MIT Academic Council), and to
develop relevant policies and procedures. MIT at the time also recognized the injuries caused by racial harassment and the
harassment of women of color, which may be both racial and sexual. The President of MIT also stated that harassment (and
favoritism) are antithetical to the mission of a university as well as intolerable for individuals.

In the book In Our Time: Memoir of a Revolution (1999), journalist Susan Brownmiller quotes the Cornell
University activists[7] who in 1975 thought they had coined the term sexual harassment: "Eight of us were sitting in an office
... brainstorming about what we were going to write on posters for our speak-out. We were referring to it as 'sexual
intimidation,' 'sexual coercion,' 'sexual exploitation on the job.' None of those names seemed quite right. We wanted
something that embraced a whole range of subtle and un-subtle persistent behaviors. Somebody came up with
'harassment.' 'Sexual harassment!' Instantly we agreed. That's what it was." [8]

These activists, Lin Farley, Susan Meyer, and Karen Sauvigne went on to form Working Women's Institute which, along with
the Alliance Against Sexual Coercion, founded in 1976 by Freada Klein, Lynn Wehrli, and Elizabeth Cohn-Stuntz, were
among the pioneer organizations to bring sexual harassment to public attention in the late 1970s. The first legal formulation
of the concept of sexual harassment as consistent with sex discrimination and therefore prohibited behavior under Title VII
of the Civil Rights Act of 1964 appeared in the 1979 seminal book by Catharine MacKinnon [9] entitled "Sexual Harassment
of Working Women". [10]
Still the term was largely unknown (outside academic circles) until the early 1990s when Anita Hill witnessed and testified
against Supreme Court of the United States nominee Clarence Thomas.[11] Since Hill testified in 1991, the number of sexual
harassment cases reported in US and Canada increased 58 percent and have climbed steadily.

Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act,
2013
The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 is a legislative act in India that
seeks to protect women from sexual harassment at their place of work. It
was passed by the Lok Sabha (the lower house of theIndian Parliament) on
3 September 2012. It was passed by the Rajya Sabha (the upper house of
the Indian Parliament) on 26 February 2013.[1] The Bill got the assent of the
President on 23 April 2013.[2] The Act came into force from 9 December
2013.[3] This statute superseded theVishakha Guidelines for prevention of
sexual harassment introduced by the Supreme Court of India. It was
reported by the International Labour Organization that very few Indian
employers were compliant to this statute.[4][not in citation given][5]
Most Indian
employers have not implemented the law despite the legal requirement that
any workplace with more than 10 employees need to implement
it.[6] According to a FICCI-EY November 2015 report, 36% of Indian
companies and 25% among MNCs are not compliant with the Sexual
Harassment Act, 2013.[7] The government has threatened to take stern
action against employers who fail to comply with this law.

Preamble and background

The introductory text of the Act is:

An Act to provide protection against sexual harassment of women at
workplace and for the prevention and redressal of complaints of sexual
harassment and for matters connected therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights

of a woman to equality under articles 14 and 15 of the Constitution of India
and her right to life and to live with dignity under article 21 of the
Constitution and right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe environment
free from sexual harassment;

AND WHEREAS the protection against sexual harassment and the right to
work with dignity are universally recognised human rights by international
conventions and instruments such as Convention on the Elimination of all
Forms of Discrimination against Women, which has been ratified on the
25th June, 1993 by the Government of India;

AND WHEREAS it is expedient to make provisions for giving effect to the

said Convention for protection of women against sexual harassment at
workplace.
Functioning

What is this Act about?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition

And Redressal) Act, 2013 makes it illegal to sexually harass women in the
workplace. It talks about the different ways in which someone can be
sexually harassed and how they can complain against this kind of
behaviour.
Is this Act only for women?

Yes, this Act is only for women who are sexually harassed in workplaces.

Is this Act only for working women?

No, this Act is for any woman who is harassed in any workplace. It is not
necessary for the woman to be working at the workplace in which she is
harassed. A workplace can be any office, whether government or private.

There is no sexual harassment at my office. Do I still have to follow

the instructions regarding setting up an Internal Complaints
Committee?

Yes, even if there are no cases of sexual harassment at the moment, it is

still necessary for the committee to be set up (if you employ more than 10
workers) and for all rules to be followed.

Am I not allowed to approach the police and courts because of this

Act?

No, the Act gives you a choice between dealing with the offender within the
office or approaching a court. If you wish, you can file a criminal complaint
instead of approaching your Internal/Local Complaints Committee.