Understanding Sexual Harassment at
Workplace:
Issues and Challenges
Differentiating Sex and
Gender
Biological & Socio-Political
One is not born rather becomes a woman.
Simon de’ Beauvoir
(The Second Sex)
Gender Budgeting
Gender Audit
Gender Mainstreaming
Sexual Harassment is best
described as unsolicited non-
reciprocal male behaviour that
asserts women’s sex-role over her
function as worker.
-Lin Farley
(Sexual Shakedown )
The term ‘Sexual
Harassment’ was coined by
Catherine Mackinnon
“Economic power is to sexual harassment
as physical force is to rape.”
 Communication problem
 Moral Problem
 Philosophical Problem
 Ethical Issue
 Problem of Misunderstanding
 Relative, Situational, Idealistic, Absolute
 Violence
 Human Rights issue of Workers
 Unfair Labour Practice
 Not a Problem of Sexuality or Sexual desire
Sexual Harassment is:
 Sexual but non-discriminatory
 Non-sexual but Discriminatory
Hence Sexual Harassment includes Sex-
Discrimination
Sexual Harassment can be:
Hostile Work Environment
&
Quid Pro Quo
Typology of Sexual
Harassment:
History of Sexual
Harassment
The recent phenomenon
& Industrial connotation
In the USA:
 Title VII and IX of Civil Rights Act
1964 (Amended in 1972)
 Equal Employment Opportunity
Commission (EEOC) Guidelines (1980)
 Meritor Savings Bank vs. Vinson
(1986)
 Anita Hill vs. Thomas Clarence (1991)
In India:
 Sec. 509 & 354 of IPC
 Vishakha vs. State of Rajasthan
(1997)
 Seema Lepcha vs. State of
Sikkim (2010)
 Medha Kotwal Lele vs. Union of
India (2013)
Relevant Laws:
 Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013 also known as the “POSH Act” (22nd
April
2013).
 Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Rules,
2013 also known as the “POSH Rules”.
 The Criminal Law (Amendment) Act, 2013, also
known as the “Criminal Law Amendments”.
Legal Framework
Sexual
Harassment
Civil
Remedy
Crimina
l
Remedy
S.S. Tangri, M.R. Burt & L.B. Johnson
 Natural biological Model
 Organisational Model (Illinois Model)
 Socio-Cultural Model
Theories of Sexual Harassment:
Barbara A. Gutek
Sex-Spillover Model
 Transfer of gender based role from
society to the workplace.
 Belief about women to be sexy,
elegant, trendy etc.
 Women as Sexual Being and Men as
Asexual.
Technology of Sexism
 Sexism in sexual harassment lies in its
power as a regulatory practice that
feminize women and masculinize men.
 Women as sexual-objects and men as
sexual-subjects.
Kathrine A. Franke
 Women acquiring more blue collar
jobs.
 Increased men-women interaction at
workplaces
Why Sexual Harassment has increased ?
 Sex-roles are stable throughout our
lives but work-roles may change many
times and specific to one domain of life.
 Sex roles overtakes work-roles.
(Men behaviour even if Sexual gone un-
noticed but women behaviour even if not
sexual noticed as Sexual)
Why Sex entered the
Workplace ?
1. Sexuality of Women
It is argued that women take advantage of sexual
behaviour but in reality they suffer by sex at work.
Critical Issues to Sexual Harassment at Workplace:
2. Dress of Women
It is argues that women invite harassment by
wearing provocative or revealing dress. In reality,
dress has nothing to do with harassment.
Dressing boldly in-accordance to their choice give
confidence to women. And confident women are
not easy prey to harassment. The passive and
submissive are targeted often.
Sexual harassers and rapists target in identical
ways.
3. Men will be Men
It is argued that men’s behaviour are accepted
norms at everywhere. This does includes the
actions which negatively affect women specially
at workplaces. These behaviours are now
brought under scrutiny of law as punishable
offences.
4. Don’t take it otherwise
It is the dictum on which the harasser takes the
license to harass any women at workplace. It is
equally punishable as an offence.
Women are considered objects and ‘object do not
object’.
5. There lies ‘yes’ in ‘no’ of the women
This old filmsy established practice is no more
entertained in law. Until women gives an affirmative
consent, nothing shall be taken into granted.
6. Voluntary participation of Women
It is argues by respondent at times that women
has voluntarily participated in an act. It cannot
be sustainable as there always lies the doubt of
‘submissiveness’ at the part of women who
escapes of being targeted and harassed.

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  • 1. Understanding Sexual Harassment at Workplace: Issues and Challenges
  • 2. Differentiating Sex and Gender Biological & Socio-Political One is not born rather becomes a woman. Simon de’ Beauvoir (The Second Sex)
  • 4. Sexual Harassment is best described as unsolicited non- reciprocal male behaviour that asserts women’s sex-role over her function as worker. -Lin Farley (Sexual Shakedown )
  • 5. The term ‘Sexual Harassment’ was coined by Catherine Mackinnon “Economic power is to sexual harassment as physical force is to rape.”
  • 6.  Communication problem  Moral Problem  Philosophical Problem  Ethical Issue  Problem of Misunderstanding  Relative, Situational, Idealistic, Absolute  Violence  Human Rights issue of Workers  Unfair Labour Practice  Not a Problem of Sexuality or Sexual desire Sexual Harassment is:
  • 7.  Sexual but non-discriminatory  Non-sexual but Discriminatory Hence Sexual Harassment includes Sex- Discrimination Sexual Harassment can be:
  • 8. Hostile Work Environment & Quid Pro Quo Typology of Sexual Harassment:
  • 9. History of Sexual Harassment The recent phenomenon & Industrial connotation
  • 10. In the USA:  Title VII and IX of Civil Rights Act 1964 (Amended in 1972)  Equal Employment Opportunity Commission (EEOC) Guidelines (1980)  Meritor Savings Bank vs. Vinson (1986)  Anita Hill vs. Thomas Clarence (1991)
  • 11. In India:  Sec. 509 & 354 of IPC  Vishakha vs. State of Rajasthan (1997)  Seema Lepcha vs. State of Sikkim (2010)  Medha Kotwal Lele vs. Union of India (2013)
  • 12. Relevant Laws:  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as the “POSH Act” (22nd April 2013).  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 also known as the “POSH Rules”.  The Criminal Law (Amendment) Act, 2013, also known as the “Criminal Law Amendments”.
  • 14. S.S. Tangri, M.R. Burt & L.B. Johnson  Natural biological Model  Organisational Model (Illinois Model)  Socio-Cultural Model Theories of Sexual Harassment:
  • 15. Barbara A. Gutek Sex-Spillover Model  Transfer of gender based role from society to the workplace.  Belief about women to be sexy, elegant, trendy etc.  Women as Sexual Being and Men as Asexual.
  • 16. Technology of Sexism  Sexism in sexual harassment lies in its power as a regulatory practice that feminize women and masculinize men.  Women as sexual-objects and men as sexual-subjects. Kathrine A. Franke
  • 17.  Women acquiring more blue collar jobs.  Increased men-women interaction at workplaces Why Sexual Harassment has increased ?
  • 18.  Sex-roles are stable throughout our lives but work-roles may change many times and specific to one domain of life.  Sex roles overtakes work-roles. (Men behaviour even if Sexual gone un- noticed but women behaviour even if not sexual noticed as Sexual) Why Sex entered the Workplace ?
  • 19. 1. Sexuality of Women It is argued that women take advantage of sexual behaviour but in reality they suffer by sex at work. Critical Issues to Sexual Harassment at Workplace:
  • 20. 2. Dress of Women It is argues that women invite harassment by wearing provocative or revealing dress. In reality, dress has nothing to do with harassment. Dressing boldly in-accordance to their choice give confidence to women. And confident women are not easy prey to harassment. The passive and submissive are targeted often. Sexual harassers and rapists target in identical ways.
  • 21. 3. Men will be Men It is argued that men’s behaviour are accepted norms at everywhere. This does includes the actions which negatively affect women specially at workplaces. These behaviours are now brought under scrutiny of law as punishable offences.
  • 22. 4. Don’t take it otherwise It is the dictum on which the harasser takes the license to harass any women at workplace. It is equally punishable as an offence. Women are considered objects and ‘object do not object’.
  • 23. 5. There lies ‘yes’ in ‘no’ of the women This old filmsy established practice is no more entertained in law. Until women gives an affirmative consent, nothing shall be taken into granted.
  • 24. 6. Voluntary participation of Women It is argues by respondent at times that women has voluntarily participated in an act. It cannot be sustainable as there always lies the doubt of ‘submissiveness’ at the part of women who escapes of being targeted and harassed.