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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Meera, a sales executive in a Pune firm, is told by her manager that she will get a premium territory if she agrees to go out with him, and that otherwise her posting may be reviewed. Under the POSH Act, 2013, how should this behaviour be viewed?

The manager's conduct may amount to sexual harassment. Section 3(2) recognises an implied or explicit promise of preferential treatment and a threat of detrimental treatment in employment as circumstances of harassment. Physical contact, resignation or repetition is not a requirement under the Act.

  1. AIt is outside the Act because no physical contact took place
  2. BIt may amount to sexual harassment, as it involves an implied or explicit promise of preferential treatment and a threat of detrimental treatment in employmentCorrect
  3. CIt is covered only if Meera first resigns from her job
  4. DIt is covered only if the manager repeats the behaviour at least three times

Explanation

Section 3(2) lists circumstances such as an implied or explicit promise of preferential treatment and an implied or explicit threat of detrimental treatment in employment as possibly amounting to sexual harassment. Physical contact, resignation or repetition is not required, so the other options add conditions the Act does not contain.

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