WHAT CONSTITUTES AS ‘SEXUAL HARASSMENT’ UNDER THE POSH ACT? : IS IT JUST PHYSICAL?

This article examines what constitutes as “sexual harassment” under the POSH Act and why it does not limit to just physical conduct. The law interprets harassment as a broader spectrum of unwelcome acts that affect dignity, safety and equal opportunity at the workplace. It addresses the significance of “quid pro quo” and how acts can amount to harassment either by their implicit or explicit nature. This piece also highlights the role of context, power dynamics and the impact of the conduct in determining whether the act constitutes harassment. Ultimately, the POSH Act recognizes that harassment may be multifaceted and ensures protection through the legal lens.