Podcast
Questions and Answers
Which of the following behaviors can constitute sexual harassment in the workplace?
Which of the following behaviors can constitute sexual harassment in the workplace?
- Discussing work-related issues in a neutral tone
- Making an implied threat regarding an employee's future employment status (correct)
- Providing mentorship regardless of performance
- Offering a beneficial job position without proper qualifications
What defines a 'workplace' according to the broader interpretation?
What defines a 'workplace' according to the broader interpretation?
- A location that is explicitly owned by the employer
- Only the physical office location where employees work
- Any setting where work-related activities occur, such as off-site meetings or remote workplaces (correct)
- Any space that is accessible for temporary work tasks, regardless of ownership
What was the conclusion of the Delhi High Court regarding sexual harassment occurring at an official mess?
What was the conclusion of the Delhi High Court regarding sexual harassment occurring at an official mess?
- Only harassment at formal office spaces qualifies as workplace harassment
- It is not considered part of the workplace under any circumstances
- The context of the case has no relevance to the definition of workplace
- It can be classified as workplace harassment if the management has control over the location (correct)
What should be considered when determining if an act occurred in the 'workplace'?
What should be considered when determining if an act occurred in the 'workplace'?
What is one potential consequence of a narrow definition of 'workplace'?
What is one potential consequence of a narrow definition of 'workplace'?
Flashcards
Workplace (expanded definition)
Workplace (expanded definition)
Any place where an employee spends time due to work, including transportation provided by the employer, even outside the traditional office setting.
Sexual Harassment
Sexual Harassment
Behavior that creates a hostile or offensive work environment, whether through physical contact, verbal abuse, or other actions. This includes unwanted sexual advances, requests for sexual favors, and other forms of harassment.
Promise of preferential treatment or threat of detrimental treatment
Promise of preferential treatment or threat of detrimental treatment
The Act explicitly states that making an implied or explicit promise of preferential treatment or a threat of detrimental treatment in employment constitutes sexual harassment.
Interference with work, hostile environment, and humiliating treatment
Interference with work, hostile environment, and humiliating treatment
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Workplace (Broader meaning)
Workplace (Broader meaning)
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Study Notes
Sexual Harassment Act (SBILL Chp 20)
- The Act defines sexual harassment under Section 2(n) and further expands it under Section 3.
- Additional circumstances for sexual harassment include implied/explicit promises or threats of preferential/detrimental treatment in employment, or threats related to the victim's present or future employment.
Definition of "Workplace"
- Section 2(o) defines "workplace" broadly, including any department, organization, undertaking, establishment, enterprise, institution, office, branch, or unit.
- It covers those established, owned, controlled, or wholly/substantially financed by government funds, or by private sector organizations, or private ventures.
- It extends to hospitals, sports complexes, residential/non-residential areas used for training, any place visited by the employee linked to employment, including transportation, and dwellings.
Broader Interpretation of "Workplace"
- The workplace extends beyond the typical office setting, emphasizing a broader definition.
- This includes considering factors like the proximity of a residence to a workplace, and if the residence is considered an extension or continuous part of the workplace.
- Court cases and legal precedents underline that the workplace should not be limited to the conventional office space but should encompass instances at places like official messes, which are closely linked to employment.
- Changes like computer use, internet connectivity, videoconferencing, and residential offices, necessitate a broader view of a workplace.
Case Studies
- The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India highlights that a workplace includes an official mess where a woman officer resided.
- Courts emphasized the broader objectives of the Vishaka Guidelines to protect working women from sexual harassment, and broadened the definition of the workplace to encompass a wider range of locations relevant to employment.
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Description
This quiz covers the Sexual Harassment Act as outlined in SBILL Chapter 20. It details the definitions of sexual harassment and the broad interpretation of 'workplace' as per the Act. Understanding these sections is crucial for recognizing and addressing workplace harassment effectively.
