“Sexual Harassment” at the Workplace is one or a series of incidents involving  unwelcome conduct including but not limited to the following: 

a) Any physical contact or advance which is sexual in nature and/or makes a person feel uncomfortable in any manner.

b) Any language or advance (verbal, non-verbal, written, or physical) which is abusive, sexual in nature and/or makes a person feel uncomfortable in any manner. 

c) Any direct, indirect or implied demand or request for sexual contact, or any such  expression of an interest in the same. 

d) Making sexually colored remarks. 

e) Showing pornography. 

f) Display of offensive or derogatory pictures, cartoons, representations, pamphlets or sayings. 

g) Non-verbal or verbal conduct or ‘making jokes’ of sexual nature.

h) Any other type of unwelcome verbal, non-verbal, written, or physical conduct of Sexual nature. 

i) Visual conduct: leering, making sexual gestures, displaying of sexually suggestive  objects or pictures, cartoons or posters,  

j) Verbal conduct: making or using derogatory comments, epithets, slurs, and  jokes.  

k) Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations; physical conduct: touching, impeding or blocking movements. 

l) Conduct that creates an intimidating, hostile, or offensive working environment.

It is important to understand that for the purpose of this Policy and in accordance with  the (POSH) Act and Rules, ‘perception’ takes precedence over the intent’. Even though the intent of certain conduct may not be to sexually harass and/or to create a hostile or uncomfortable work environment. However, it may still constitute Sexual Harassment at the Workplace based on how the same is perceived by the recipient  and/or other persons covered by this Policy.

15. Sexual Harassment may emanate from any one person to another, regardless of  Position, employment status and/or title. Acts of Sexual Harassment may include inter  alia but not be limited to, the following instances:- 

a) Any of the acts as per clause 15 supra. 

b) Any of the acts as per clause 15 supra when done / committed after offering of an  implied or explicit promise of preferential treatment in one’s employment or generally in connection of one’s work, threat of detrimental treatment in one’s employment (current and future) or generally in connection of one’s work, etc. 

c) Suggesting implicitly or explicitly that a condition of employment, including but not  limited to hiring, firing, promotion, performance appraisal, payment of performance linked incentive or bonus, grant of a project/assignment/ fund(s) for specific work(s) would be based on the Employee’s agreement to have sexual contact/ provide sexual favours. 

d) Touching, close physical proximity while standing or sitting, assaulting, causing  injury, isolation, impeding / blocking movement, leaning over or across, stalking, making sounds which have explicit and/or implicit sexual connotation / overtone, molestation, etc. 

e) Asking sexually-oriented questions, cracking jokes with sexual connotations and  making seemingly harmless innuendoes, using ‘colorful’ language, comments about one’s body or clothes, conversations with double meaning and sexual innuendoes, marring personal / professional reputation through rumors / gossip / ridicule, persistent invitations, etc. 

f) Making sexually coloured remarks including but not limited to vulgar / indecent  jokes, letters, phone calls, text messages, instant messages, emails, gestures, and social media updates etc. 

g) Staring at a person or parts of his / her body and making suggestive body  movements and / or gestures. 

h) Displaying sexually explicit pictures or objects which embarrass or humiliate Employees in a work area.

i) Verbal and non-verbal communication which offends the individual’s sensibilities  and affects his/her performance and has a sexual nature / connotation / overtone.  

j) Any conduct that has the purpose or the effect of interfering with an individual’s  work performance or creating an intimidating, hostile or offensive work environment and/or making submission/non-submission to such conduct as either an explicit or implicit term/condition of employment and/or submission or rejection of the conduct if used as a basis for making work-related decisions.

16.Further, following circumstances amongst others mentioned above may constitute Sexual Harassment if it occurs or is present in relation or connected with any act or behaviour of Sexual Harassment:

a) Implied or explicit promise of preferential treatment in employment; 

b) Implied or explicit threat of detrimental treatment in employment 

c) Implied or explicit threat about present or future employment status 

d) Interfering with work or creating an intimidating or offensive or hostile work  environment; and / or 

e) Humiliating treatment is likely to affect the health or safety of any person covered by this Policy.