Varsha is working as an office assistant in KMP Ltd. K is one of the directors of the company. K start making sexually coloured remark to Varsha and promises her to promote her to the position of Manager if she meets him
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
Varsha is working as an office assistant in KMP Ltd. K is one of the directors of the company. K start making sexually coloured remark to Varsha and promises her to promote her to the position of Manager if she meets him after the office hours. Advise Varsha whether the act or behavior of K amounts to sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Answer & Explanation:
As per Section 2 (n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 the term "Sexual Harassment" includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely: (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. As per Section 3 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 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: implied or explicit promise of preferential treatment in her employment; or implied or explicit threat of detrimental treatment in her employment; or implied or explicit threat about her present or future employment status; or interference with her work or creating an intimidating or offensive or hostile work environment for her; or humiliating treatment likely to affect her health or safety. In view of the above, the act or behavior of K by making sexually coloured remark and by promising the promotion amounts to sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Topics: Labour Law
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