Any Unwelcome Workplace Behavior at Workplace is Sexual Harassment Regardless of Intent : Madras HC

The Madras HC ruled that any unwelcome conduct at the workplace constitutes sexual harassment under the POSH Act, irrespective of the perpetrator’s intent behind such actions. 

The Court invoked the “reasonable woman standard” and referred to Joseph Oncale vs Sundowner Offshore Services, Inc.  Case, and held that the PoSH Act prioritises how a victim perceives a behaviour and not necessarily the intentions of the harasser. 

In this, three women made a complaint alleging that a senior employee often stood behind them while they were busy working at their desks and would touch their shoulders and insist on handshakes.

The judgment overturned a labour court’s order and held that the internal Complaints Committee (ICC) of HCL conducted a reasonable inquiry.