Can a Comment on a Family Photo Be Considered Sexual Harassment at Work? Let's Discuss

Each new day is a chance to name the harasser.

Point-to-Ponder

"Can an aggrieved woman employee file a sexual harassment complaint against her superior who looked at her family photograph kept on her work desk and remarked, 'Oh, your daughter is gorgeous and voluptuous'?

We, the Kritarth Team of Special Educators PoSH Workshops readers, including honorable presiding officers and employee members of all internal committees, please respond to this point-to-ponder which shall lead to an enhanced understanding of naming the harasser in the PoSH domain and preventing sexual harassment, thereto.

Respectable PoSH advisors, PoSH consultants, PoSH enablers, and PoSH guides are also requested to share their experiences, insights, and perspectives.

Harsh K Sharan,
Kritarth Consulting Pvt Ltd Team
www.kritarth.in
9th December 2022

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The same words can be seen as an innocent comment or an indecent one depending on associated factors like tone, facial expression, body language, and previous experience.

To publicly use the term 'voluptuous' for a family member is definitely an objectionable comment.

The Kritarth team of special educators in PoSH workshops requests readers, including honorable presiding officers and employee members of all internal committees, to respond to this point of discussion.

This question is seen by me only today, hence a reply is sent, though belatedly.

Definition of Sexual Harassment under the PoSH Act

The PoSH Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Example of Sexual Harassment: Use of the Word "Voluptuous"

As the word "voluptuous," uttered by a superior to his subordinate female employee, comes within the purview of "sexually colored remarks," the complaint filed by the woman employee holds good.