Indirect Sexual Harassment occurs when sexual behavior is not aimed at a specific individual, but that person feels humiliated, offended, or uncomfortable as a result of the behavior. This can create a hostile work environment, making the individual a victim of Sexual Harassment. The accused may not even realize they are engaging in such behavior, and, therefore, may be surprised by the victim's allegation.

Non-direct sexual harassment can easily occur in the presence of bystanders who witness behavior that offends them. The victim does not need to be present during the incident; if the harasser speaks about the victim in an offensive manner behind their back, the victim may hear about it from a witness and feel humiliated and offended.

If some employees are surprised by an allegation of sexual harassment, it may be because they have not received proper training on the prevention of sexual harassment in the workplace. To clarify this concept, let's consider several scenarios.

Scenario No 1: A woman is present during the display of offensive behavior, but it is not directed at her.

For example, a person may sing vulgar or romantic songs to themselves in the presence of others. Even if the songs are not directed at a specific person, they can still make someone uncomfortable, especially in a workplace setting. If a woman feels offended by this behavior, she can file a complaint of sexual harassment with her organization's Internal Committee (IC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.

It is important to note that the accused person's intent is not relevant in this situation. If the behavior has an impact on the victim and creates a hostile work environment, the victim can report it to the IC or HR, regardless of whether they were the intended target of the harassment. If the victim reports the incident to HR, they should direct her to the IC in a respectful manner.

In summary, it's essential to be aware of how our behavior can impact others, even if we don't intend to offend anyone.

Scenario No 2: The harasser speaks about the woman in an offensive way behind her back.

For example, a person may gossip about a woman's private life in a demeaning or inappropriate way, even if the woman is not present. If someone who overhears the conversation informs the woman, she can file a complaint based on what she heard. In this case, the witness who heard the offensive statements may become the woman's witness, including others who were present during the conversation.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, the Internal Committee (IC) has powers akin to that of a Civil Court. This means that the IC can summon witnesses, including those who overheard the conversation. Witnesses are required to present themselves at the IC hearing and are under oath to speak the truth.

It's important to note that speaking about a person's private life in a derogatory or offensive manner can create a hostile work environment and impact the victim's well-being.

Scenario No 3: The harasser (a manager) speaks to the entire team in an abusive way, not directly to the woman, but she is present in the scene.

For example, a manager may get angry and use abusive language when addressing the team, without realizing that even if the language is not directed at anyone in particular, it can still create a hostile work environment. In this scenario, the woman may feel uncomfortable and offended, even if the abusive language is not specifically directed at her.

This type of behavior can contribute to a toxic work culture, leading to a range of negative outcomes for employees and the organization as a whole.

Imagine a slightly different scenario in which the manager is not angry, but playfully bantering with his subordinates using 'sexually coloured' language. He may believe that he is being a 'cool' manager and can see his subordinates smiling, even laughing. However, he fails to notice the discomfort on one woman's face in his enthusiasm to connect with his team. Alternatively, he might assume that she was not offended because she was smiling. Yet, the woman could be smiling because he is her manager, and she does not want to offend him. Therefore, she conceals her discomfort.

When the manager finds out that a Sexual Harassment Complaint has been filed against him by his subordinate, who was smiling during the banter, he might be bewildered and at a loss for what to think, particularly if he missed the PoSH Training or did not pay attention during the training.

Impact on the victim: The impact on the victim is a crucial aspect of sexual harassment, as it can affect a woman even if she was not the intended target. In such cases, the woman can still be considered a victim under the PoSH Law. It is important to note that the law does not require intent to be proven; instead, the impact on the woman is the primary consideration.

If a woman experiences any impact from Sexual Harassment (Direct or Indirect), she has the right to file a complaint, and the Internal Committee (IC) is legally required to investigate it.

Providing PoSH Awareness Training for all employees, including managers, is essential to ensure that everyone understands the definition of Sexual Harassment as defined under the PoSH Act, 2013, and prevent incidents from occurring. By familiarizing employees with various scenarios of Sexual Harassment, the training helps them recognize the different forms it can take, preventing them from making mistakes such as using foul language in the workplace or gossiping about someone in jest. It is not uncommon for senior male employees to admit that they made mistakes without intending to sexually harass anyone before they underwent PoSH training.

In essence, creating awareness is the key to prevention.

Rainmaker is at the forefront of spreading awareness about PoSH among corporates through a variety of training initiatives, including modules, workshops, webinars, newsletters, blogs, and other resources. Our training modules are refreshed annually to incorporate new and relevant content that addresses virtual and subtle forms of Sexual Harassment. We offer workshops that cater to three different levels: employees, managers, and IC, with customized content tailored to each specific audience. We also offer these levels in an e-module format. Be sure to check out the trailer of our latest module, WorkSafe Prime.

Be Smart, WorkSafe.

Author: Sumali Nagarajan, AVP- Content & Training, Rainmaker Editor: Akanksha Arora AVP - Legal & Training, Rainmaker

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