CHENNAI: Giving more teeth to the definition of sexual harassment at the work place, Madras high court has held that the “act” is more important than the “intention” behind the act.
“Unwelcome behaviour at the workplace is sexual harassment irrespective of the harasser’s intent,” JusticeR N Manjula said. “If something is not received well, and it is inappropriate and felt as unwelcome behaviour affecting the other sex, namely the women, no doubt it would fall under the definition of sexual harassment,” HC added, citing a US court judgment.
The definition of sexual harassment, as seen from the PoSH Act, has given significance to the act more than the intention behind the same, Justice Manjula said.
“It is the fundamental discipline and understanding with which employees of different genders are expected to interact with each other where decency is the yardstick and nothing else. While speaking about decency, it is not the decency which the offender thinks within himself but how he makes the other gender feel about his actions,” Justice Manjula said. The standard of reasonableness is not the standard of a reasonable man but the standard of a reasonable woman, she clarified.
Justice Manjula made the observations while quashing an order of a labour court that overturned the findings of the Internal Complaints Committee (ICC) of HCL Technologies passed against one of its senior employees.
Three women employees subordinate to the accused senior employee lodged complaints with the ICC saying that he abused his supervisory position and harassed them by standing closely behind them while they were working, touching their shoulders, and insisting on handshakes.
The man claimed that since he was required to monitor his subordinates’ work without disturbing them, he would observe their work standing behind them. He denied any intention to sexually harass them. Refusing to concur, HC said, “There is no misunderstanding in the mind of the complainants before giving complaints against him.”