ADDRESSING VIRTUAL WORKPLACE SEXUAL HARASSMENT
Sexual harassment that takes place online has gone largely unaddressed and ignored due to lack of awareness. Many may be harbouring the misconception that sexual harassment does not take place online owing to the lack of close physical proximity between the harasser and the harassed. But the truth is that virtual sexual harassment is indeed a real thing, and can be very damaging when it isn’t taken seriously.
In light of the Covid-19 pandemic and the ensuing medium of work becoming online/Work-from-Home, it is becoming clear how prevalent sexual harassment is in the virtual medium. According to the National Commission for Women in India, instances of virtual sexual harassment have increased by up to five times since the pandemic began. It is in some ways more insidious because it is overlooked and underplayed and the rules around it aren’t as clearly known or addressed.
So, what constitutes virtual harassment? In principle, it involves much the same things as sexual harassment in the physical workplace: unwanted sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature in a professional or academic environment. But in a virtual scenario, it can go even beyond that. Virtual sexual harassment can look like any or all of the following unwanted digital interactions:
Arranging impromptu meetings after working hours or late at night
Taking screenshots during video call meetings without consent and circulating them
Requesting inappropriate pictures from a colleague or offering to send them
Sharing sexually explicit photos without consent
Comments on one’s appearance or use of inappropriate emoticons
Making sexual advances through private messages or during work calls
Comments or rumours about one’s sexuality or sexual activities
Using language that is sexual, derogatory or objectifying
Harassment in any form is already a tricky situation to navigate for victims. It is not an easy or comfortable situation to speak up about. In an online setting, it can be even harder to know where the lines are drawn and who to approach in case they are being breached. This problem may seem like an individual problem, but is in fact a systemic one. Organisations all across the country need to take responsibility for the safety of their employees, and thereby provide individuals a secure space to report it without fear of judgement, discrimination or further harassment.
Following are a few essentials for organisations to take action so that virtual sexual harassment is addressed correctly and accorded the attention it deserves:
Update policies. Organisations should have a strict policy on harassment in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), but it should be updated to include the prevalent and highly damaging online variation of sexual harassment.
Spread awareness. All staff, including top-level personnel such as managers and supervisors, should be made aware through POSH training, webinars and workshops what behaviours constitute harassment, unacceptable practices, how to prevent it, how to report it, and clear consequences for those accused of it.
Provide access to help. Reporting sexual harassment can be a daunting task. Destigmatising and normalising the process of reporting sexual harassment is part of building a culture of a safe workplace environment. Having a quick, efficient and secure system through which steps can be taken to protect victims and hold perpetrators accountable is important. Providing necessary help including access to counselling and other mental health resources is essential.
Take it seriously. There should be a zero-tolerance policy for any kind of harassment in the workplace. Staying silent on virtual sexual harassment or discouraging reporting it to protect the reputation of the company is illegal and unethical and condones unacceptable behaviour that is damaging to the safety of employees.
A safe workplace constitutes various elements: a culture that condemns harassment in all forms, leaders who take adequate measures to ensure protection for victims of harassment, employees who feel secure enough to be able to speak up, ready access to mental health services, a legal system that holds organizations and individuals up to an ethical standard and an ethos of treating every individual with dignity.
AUTHOR: Advocate Aprajita Vatsa
POSH Advisor & External Committee Member
Aprajita Vatsa is a full-time POSH Advisor at Silver Oak Health. She is committed to the cause of harassment-free workplaces. A registered advocate since 2020, with a B.A.LL.B from Savitribai Phule Pune University, she brings three years of legal expertise, specializing in POSH compliance, training, and intervention.