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By Koyel Roy & Ratnadipa Sarkar

Sexual advances which are unwelcomed, requesting sexual favours, and other conduct of sexual nature verbal or physical when:
• Giving in to such conduct is made either explicitly or implicitly a condition of an individual’s employment, or
• Submission to or rejecting of such conduct by an individual is used as a basis for employment decisions affecting such individual, or
• Conducts of harassment of this nature affects and interferes with an individual’s work performance and even creates an intimidating, hostile, or offensive working environment.
Unwelcome does not mean “involuntary.” A person facing such harassment may consent or agree to certain conduct and even actively participate in it even though it is offensive and disagreeable. Hence, sexual conduct is unwelcome whenever the person subjected to such harassment considers it unwelcome. Sexual harassment can be understood as unwelcome sexual behaviour of any sort which is humiliating, offensive or intimidating, both men and women can be sexually harassed.

Workplace harassment is very common. As people who fall prey to such harassment are often unsure of what qualifies as harassment and what to do when they are being harassed, it often goes unreported and continues to be an issue. Workplace harassment can ruin a job and turn a workplace into a destructive and unproductive environment.
Harassment becomes unlawful when:
• Enduring the offensive conduct becomes a requirement to continue employment, or
• Conducts of such nature is pervasive enough that the workplace may be considered intimidating, hostile, or abusive to the individual facing harassment. Further, if harassment of such sort results in a change in the employee’s salary/status, this conduct would be considered unlawful workplace harassment.

Keywords- sexual harassment, sexual behaviour, workplace, salary, involuntary.


©2020- Lex Humanitariae: Journal for a Change