Section 3 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- (1)No woman shall be subjected to sexual harassment at any workplace.
- (2)The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:—
- (i)implied or explicit promise of preferential treatment in her employment; or
- (ii)implied or explicit threat of detrimental treatment in her employment ; or
- (iii)implied or explicit threat about her present or future employment status; or
- (iv)interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- (v)humiliating treatment likely to affect her health or safety.
Summary
- This section creates an absolute prohibition, declaring that no woman shall be subjected to sexual harassment at any workplace.
- It identifies that implicit or explicit promises of preferential treatment, meaning special advantages at work, in connection with sexual harassment can constitute harassment.
- It specifies that threats of detrimental treatment, meaning harmful treatment, or threats to a woman's current or future job status are forms of sexual harassment.
- It establishes that interfering with a woman's work, creating an intimidating or hostile work environment, or treating her humiliatingly in a way that affects her health or safety is harassment.
Practical examples
FAQ
1. Does a promise of promotion in exchange for sexual favors count as harassment under Section 3 of the Sexual Harassment of Women at Workplace Act?
Yes, under Section 3(2)(i) of the Act, an implied or explicit promise of preferential treatment in employment connected with sexual harassment is prohibited.
2. Can hostile or offensive behavior at work be legally called sexual harassment under Section 3 of the Act?
Yes, Section 3(2)(iv) of the Act states that interfering with a woman's work or creating an intimidating, offensive, or hostile work environment constitutes sexual harassment.
3. What does the Sexual Harassment of Women at Workplace Act say about threats to a woman's job under Section 3?
Under Section 3(2)(ii) and (iii) of the Act, any implicit or explicit threat of detrimental treatment or threat about her present or future employment status is classified as harassment.
Test yourself
Q1.Under Section 3 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which of the following circumstances is NOT explicitly listed as behavior that may amount to sexual harassment?
Q2.Under Section 3 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, if a supervisor tells a woman that her job security might be "at risk" if she does not cooperate with his personal requests, which specific clause is violated?
Q3.Under Section 3 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, humiliating treatment must meet what criteria to legally qualify as connected to sexual harassment?
Q4.Under Section 3 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the absolute prohibition against sexual harassment at any workplace relies on the definition of "workplace" in Section 2, which includes which of the following?