Sexual Harassment in Virtual Workplaces: How the POSH Act Covers Online Harassment.

Introduction

With the rise of remote work, virtual meetings, and online collaboration, workplace interactions have shifted to emails, video calls, chat platforms, and social media. While this has made work more flexible, it has also introduced new challenges- including sexual harassment in digital spaces.

Many people assume that POSH (Prevention of Sexual Harassment at Workplace) laws apply only to physical offices, but that is not true. The POSH Act, 2013, applies to all workplaces, including virtual workplaces.

This article explains how the POSH Act protects employees from online harassment, the different forms of virtual harassment, and what employees should do if they face harassment while working remotely.

1. Does the POSH Act Cover Online Sexual Harassment?

Yes! The POSH Act, 2013, does not limit workplace harassment to physical offices. The Act states that sexual harassment can occur "in connection with work," which includes remote work, online interactions, and virtual meetings.

• If an employee faces unwelcome sexual advances, inappropriate messages, or verbal harassment via email, chat, or video calls, it still counts as workplace sexual harassment.
• If an employee is harassed by a colleague, manager, client, or vendor through digital platforms, they have the right to file a POSH complaint.

In today's digital world, harassment doesn't require physical presence- if it makes a person uncomfortable, it is a violation of the law.

2. What is Considered Online Sexual Harassment in the Workplace?

Sexual harassment in virtual workplaces can take many forms. The most common types include:

A. Inappropriate Messages and Emails

• Sending sexually suggestive messages, texts, or emails.
• Making inappropriate comments about someone's appearance or personal life.
• Sharing double-meaning jokes or sexually explicit content via email or chat.
• Persistently asking personal or sexual questions in work-related chats.

Example: A manager keeps sending personal messages to a female employee on WhatsApp, asking her to "send a picture" or "meet outside work."

B. Unwelcome Advances on Video Calls

• Making inappropriate sexual comments during Zoom/Teams meetings.
• Staring at someone in a way that makes them uncomfortable.
• Adjusting the camera to show inappropriate gestures or body language.
• Insisting that a colleague turn on their camera unnecessarily to observe them.
• Using virtual backgrounds, filters, or stickers in a sexually suggestive manner.

Example: A male colleague keeps making inappropriate jokes about how a female coworker "looks great on video" and should "dress up more often for Zoom calls."

C. Cyberstalking and Unwanted Attention

• Monitoring someone's online activity without their consent.
• Repeatedly calling, texting, or emailing outside work hours despite clear discomfort.
• Adding a coworker to personal social media platforms without consent and sending inappropriate messages.

Example: A coworker constantly watches when a female employee is "online" on Microsoft Teams and messages her at odd hours, even when she is not working.

D. Sharing Inappropriate or Explicit Content

• Sending pornographic images, videos, or links to colleagues.
• Displaying sexually explicit wallpapers or desktop backgrounds during screen sharing.
• Sending inappropriate GIFs or memes in workplace group chats.

Example: During a work meeting, an employee "accidentally" shares an explicit image or video while screen-sharing, making others uncomfortable.

E. Coercion and Quid Pro Quo Harassment

• "Work favours" in exchange for personal favours (e.g., promotions or salary hikes).
• Threatening to deny work opportunities unless personal requests are fulfilled.
• Using remote work as an excuse to create one-on-one online meetings for inappropriate discussions.

Example: A manager tells a junior female employee that he will "recommend her for a promotion" if she agrees to a private video call after work hours.

3. How to Report Online Sexual Harassment Under the POSH Act?

If you experience online sexual harassment, you have the right to report it under the POSH Act. Here's how:

1. Collect Evidence: Save screenshots of inappropriate messages, emails, chat logs, or video recordings. If harassment happened on a video call, take screenshots or note timestamps. Record the date, time, and context of the incident.
2. Report to HR or the Internal Complaints Committee (ICC): Every company with 10 or more employees must have an Internal Complaints Committee (ICC) under POSH. File a written complaint to the ICC with details of the harassment. Ask for temporary measures (such as restricting the harasser's access to work platforms).
3. ICC Investigation and Action: The ICC will review the complaint, question both parties, and examine the evidence. The inquiry must be completed within 90 days. If the accused is found guilty, the ICC can recommend warnings, suspension, or termination. If necessary, the case can be escalated to the police under BNS/IPC laws.

4. What Can Organisations Do to Prevent Online Harassment?

Employers are legally responsible for providing a safe digital workspace. Companies should:

• Update POSH Policies: Clearly mention that online harassment is covered under workplace harassment laws.
• Train Employees on Virtual Workplace Etiquette: Conduct POSH training focusing on digital workplace conduct.
• Monitor workplace Platforms: Set strict guidelines for emails, work chats, and video calls.
• Encourage a Speak-Up Culture: Employees should feel safe to report harassment without fear of retaliation.
• Ensure Swift Action: ICCs should handle online harassment cases as seriously as physical harassment cases.

5. How Employees Can Protect Themselves from Online Harassment

If you are working remotely, follow these steps to stay safe:

• Keep Work and Personal Life Separate: Avoid sharing personal numbers or social media with colleagues unless necessary.
• Set Boundaries in Virtual Meetings: If a conversation feels inappropriate, exit the meeting immediately.
• Block and Report Harassers: If someone misuses work communication platforms, report them to HR.
• Know Your Rights: Educate yourself about the POSH Act and workplace harassment policies.

Final Thoughts

Sexual harassment doesn't just happen in offices- it can also occur in emails, video calls, and work chats. The POSH Act covers online workplace harassment, ensuring employees are protected even in virtual workspaces.

If you face harassment while working remotely, speak up and report it. Keep evidence, inform HR, and file a complaint under POSH. Employers must create a zero-tolerance policy for digital harassment.

A safe workplace- whether physical or virtual- is a basic right for every employee. By understanding and enforcing POSH laws, we can ensure a harassment-free and professional remote work environment.