Summary: The Protection of Women from Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 , commonly known as the POSH Act, defines sexual harassment broadly to include any unwelcome conduct of a sexual nature, whether direct or implied. This can range from physical contact, requests for sexual favors, and showing pornography to non-verbal cues like leering or creating a hostile, intimidating work environment. It is distinct from general workplace harassment, which includes acts like mocking religious beliefs, using racist slurs, or making derogatory comments about age or disability. The Act offers legal protection to working women who feel their employment or well-being is threatened by such behavior. Concrete examples of sexual harassment can include unwanted physical contact, suggestive remarks, sending lewd emails, or repeatedly asking for dates after being refused. The core principle is that any behavior of a sexual nature that is unwanted and causes discomfort or humiliation falls under the purview of sexual harassment.
*“If it makes someone say ‘Eww!’ instead of ‘Aww!’—it’s probably sexual harassment.”
Sexual harassment isn’t just about big, obvious acts—it can be sneaky too. It’s any unwelcome behavior with a sexual tone that makes someone feel uncomfortable, embarrassed, or unsafe.
It could be:
- That “just a joke” comment that wasn’t funny to the other person.
- The stare that lingers a bit too long.
- The message that should have stayed in your drafts.
- Or the favor that comes with a wink-wink condition.
The rule is simple: If it’s not wanted, don’t do it.
Because at the workplace, respect is always in fashion—creepy isn’t.
Rita and Nidhi are childhood friends. They both studied together in school and college. They have now started their professional career and have got good Jobs in different Companies. They were very excited about their new life ahead.
One day when Nidhi returned from Job she was looking very dull. Rita noticed this and asked Nidhi about the same but she didn’t tell Rita anything about it.
Rita noticed that the situation is worsening day by day and One day she was shocked to learn from Nidhi that she is planning to quit the job. Rita asked her the reason for quitting the job and this time Nidhi broke down into tears. She told Rita that in her office, a male colleague of her is always staring at her and makes him feel uncomfortable and because of which she is not able to give her 100% at her workplace.
Rita: Nidhi you can make a complaint against him to his senior as this amounts to Sexual Harassment at Workplace.
Nidhi: I am not aware of this.
Rita: Even I was not aware but recently I have attended a Training where they have been explained about what is Sexual Harassment.
Nidhi: Rita, please tell me more about it.
Rita: Sure. Protection against Sexual Harassment has been provided under The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013.
Rita: Section 2(n) of this Act defines Sexual harassment as:
“sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:— (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
Nidhi: Rita but he has not touched me or made any sexual gesture, still can I lodge a complaint against him.
Rita: Yes. It is not necessary that Sexual Harassment means only direct Physical contact. It can happen if there is any act which makes a female uncomfortable at work place including asking you out for coffee or dinner against your will.
Nidhi: Tell me more about Sexual Harassment.
Rita: As per Section 3 of POSH Act, a working women is given protection if she feels discriminated on any of the following grounds
(i) she has been promised implied or explicit preferential treatment by her employer in return of her giving him sexual favors.
or (ii) she has been given implied or explicit threat of detrimental treatment in her employment; or (iii) she has received implied or explicit threat about her present or future employment status;
or (iv) she is being interfered with her work or creating an intimidating or offensive or hostile work environment for her;
or (v) she has been given humiliating treatment likely to affect her health or safety. Nidhi: What if somebody passes a comment on my Religious beliefs?
Rita: Nidhi, we need to understand the difference between Sexual Harassment and Work Place Harassment. Every act does not fall under Sexual Harassment.
Nidhi: Have you been told certain instances which do not fall under Sexual Harassment?
Rita: Yes, Non-sexual harassment includes any comment, action, or type of behavior that is threatening, insulting, intimidating, or discriminatory and upsets the workplace environment, viz.
- Mocking someone’s religious beliefs or trying to convert them
- Using racist slurs, phrases, or nicknames
- Negatively commenting about a person’s ethnic traits or color
- Displaying drawings or posters that are racist or offensive to a protected group
- Negatively referring to a person’s real or perceived disability
- Telling offensive jokes about religious, ethnic, or racial characteristics
- Making derogatory comments to an older worker because of his or her age
Nidhi: Please give me some examples of acts which can fall under Sexual Harassment.
Rita: Nidhi, as I told you if any senior or colleague of yours is showing any behavior, verbal, physical or otherwise that makes you feel uncomfortable then it amounts to Sexual Harassment like:
- Physically blocking a person’s movements; in other words – standing in their way
- ‘Accidentally on purpose’ brushing up against a person
- Staring or looking their body up and down
- Following them around or paying excessive attention
- Making insulting comments about someone’s gender identity or sexual orientation or asking about someone’s sexual orientation
- Telling lewd jokes or sharing stories about sexual experiences – even if this is not directed at you but done in your presence to cause you discomfort
- Sending unwanted suggestive or lewd emails, letters or other communications or sharing images of a sexual nature around the workplace or displaying posters, items or screensavers of a sexual nature
- Inappropriate and suggestive touching, kissing, rubbing or caressing of a person’s body and/or clothing
- Repeatedly asking for dates despite being rebuffed or asking for sexual favors
- Making sexually offensive gestures, remarks or facial expressions.
Meanwhile they reached their destination. Nidhi thanked Rita for informing her about her rights under the POSH Act. They then went to there home with Rita promising Nidhi to detail about the complaint process next morning.
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