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Which among the following constitutes “sexual harassment” according to the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

Question

Which among the following constitutes “sexual harassment” according to the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

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Solution

The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 of India defines sexual harassment to include any one or more of the following unwelcome acts or behavior:

  1. Physical contact and advances
  2. A demand or request for sexual favors
  3. Making sexually colored remarks
  4. Showing pornography
  5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

The Act also considers the following circumstances, among others, if it occurs or is present in relation to any sexually determined act or behavior:

  1. Implied or explicit promise of preferential treatment in employment
  2. Implied or explicit threat of detrimental treatment in employment
  3. Implied or explicit threat about present or future employment status
  4. Interference with work or creating an intimidating or offensive or hostile work environment
  5. Humiliating treatment likely to affect health or safety.

Therefore, any of these acts or behaviors can constitute "sexual harassment" according to the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

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