Self Service Apps. Legal Definitions of Sexual Harassment Sexual harassment is a legal term, created for the purpose of ending harassment and discrimination against women in the workplace. The term is constantly being redefined and extended in legislation and court decisions.
State of Rajasthan and Others1 "Vishaka Judgment" acknowledged the gravity of sexual harassment of the working women at the workplaces and laid down guidelines making it mandatory for employers to prevent the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. It was held by the Hon'ble Supreme Court that the guidelines framed by the Supreme Court would be strictly observed in all work places for the prevention and enforcement of the right to gender equality of the working women. It was observed by various Courts from time to time in the past that the guidelines and norms framed by the Hon'ble Supreme Court in Vishaka Judgment have not been followed in workplaces strictly.
Sanghamitra Mazumdar New Delhi October 10, am. This conversation was long overdue. It is happening and happening in full force. Photo: Getty Images.
Sexual harassment is a major problem that affects many organisations in South Africa. The consequences of not addressing sexual harassment in your workplace are dire. Sexual harassment constitutes behaviour that leads to, and perpetuates, a working environment in which it becomes unpleasant to work.
Unheard of until the s, sexual harassment has become a dominant concern of employers, schools, and other organizations throughout the country. It is one of the most litigated areas of sexual discrimination law, and virtually all major companies, government organizations, colleges and universities and even the military now have sexual harassment policies in place. Even the president of the United States has been subject to a sexual harassment lawsuit.
From the definition, it is evident that what constitutes sexual harassment could be very subjective under POSH Law. This belies the general notion that some physical contact or at least some words, spoken or written, are a prerequisite to any conduct or behavior being characterized as sexual harassment. The judiciary has acknowledged the subjective nature of sexual harassment and stated:.
Erica Emdon 29 Apr Women occupy the lowest levels of the economy, earning less than men and making up the highest numbers of the unemployed. More women than men live in conditions of rural poverty outside the formal economy.
Many companies have policies and procedures for handling sexual harassment and discrimination claims. But are they actually effective in reducing incidents? Probably not, and the reason goes back to the way HR and the courts designed these policies and procedures in the first place.