CHENNAI: The Madras High Court has emphasized that the “act” of unwelcome behavior at the workplace, rather than the “intention” behind it, defines sexual harassment. Justice R N Manjula clarified that any inappropriate action perceived as unwelcome by the recipient constitutes sexual harassment, regardless of the harasser’s intent.
“Unwelcome behavior at the workplace is sexual harassment, irrespective of the harasser’s intent,” Justice Manjula stated. She further explained, “If an act is not received well, is inappropriate, and is felt as unwelcome by the affected person, particularly women, it undoubtedly falls under the definition of sexual harassment.” The court also cited a U.S. court judgment to reinforce this interpretation.
Justice Manjula highlighted the significance of the PoSH (Prevention of Sexual Harassment) Act, which prioritizes the impact of the act over the intent behind it. “The standard is not based on what the offender believes but on how the affected woman perceives the behavior. The standard of reasonableness is that of a reasonable woman, not a reasonable man,” she clarified.
The observations were made while quashing a labor court order that overturned the findings of HCL Technologies’ Internal Complaints Committee (ICC) against a senior employee.
Three women employees had accused the senior employee of abusing his supervisory position by standing closely behind them while they worked, touching their shoulders, and insisting on handshakes. The accused defended himself, claiming he monitored their work without intending harm.
Rejecting his defense, the court ruled, “There is no misunderstanding on the part of the complainants in filing their complaints. Their allegations clearly point to unwelcome behavior, which falls under the purview of sexual harassment.”
The judgment reinforces the importance of maintaining decency and respect in workplace interactions and upholds the rights of employees to work in a harassment-free environment.
