The Scenario
In a well established corporate firm, a female employee shares a cordial relationship with a senior female colleague. At first, their interactions seem normal casual workplace conversations, occasional lunches, and friendly messages. However, things gradually take an uncomfortable turn.
The senior colleague starts making personal comments, frequently touches her arm or back while talking, and insists on spending time outside work. Late-night messages become frequent, often unrelated to work. During a team outing, the colleague becomes possessive, saying, "You always hang out with others but never make time for me. I thought we had something special."
The employee begins to feel uneasy but hesitates to react, unsure if this qualifies as harassment since it's coming from another woman.
Understanding Workplace Harassment Under the POSH Act
Here are some informative points that you should be aware of : -
Does the POSH Act Cover Same-Sex Harassment?
Yes! The POSH Act, 2013 (Prevention of Sexual Harassment at Workplace Act) is meant to protect employees from any form of sexual harassment, regardless of the harasser's gender. While the law was primarily created for women facing harassment from male colleagues, many corporate policies and legal precedents have ensured that same-sex harassment is also recognised and addressed.
What Counts as Workplace Harassment?
Harassment is not about gender; it is about discomfort and consent. Some common forms of same-sex workplace harassment include:
- Unwanted physical contact: Repeated touching, lingering hugs, or standing too close.
- Excessive attention: Constant personal messages, social pressure, or possessive behaviour.
- Sexually suggestive comments: Remarks about appearance, clothing, or personal relationships.
- Emotional manipulation: Guilt-tripping, controlling behaviour, or making the victim feel obligated.
- Hostile work environment: Spreading rumours, threats, or making the victim feel excluded if they distance themselves.
Even if no explicit sexual advances are made, harassment is about how it makes the victim feel if it is unwelcome, it is harassment.
What Should You Do?
Below are the points that you should follow if you are facing sexual harassment from a colleague :
Recognize That This is Harassment
Many people hesitate to report same-sex harassment due to:
- Thinking it's "just friendly behaviour."
- Fear of being judged or dismissed.
- Doubts about whether the law covers such cases.
However, if the behaviour makes you uncomfortable and is unwelcome, it qualifies as harassment. Trust your instincts.
Set Boundaries (If Safe to Do So)
If comfortable, address the behaviour directly. A simple but firm response can help stop the harassment.
- "I prefer to keep our interactions professional."
- "I'm not comfortable with physical contact. Let's maintain workplace boundaries."
- "Please respect my personal space and work-life balance."
If the behaviour continues despite setting boundaries, further action is necessary.
Document the Incidents
Keeping a detailed record strengthens the case if a formal complaint is needed.
- Write down every incident (date, time, location, and exact words/actions).
- Save evidence (messages, emails, or screenshots of inappropriate behaviour).
- Identify witnesses who have observed the behaviour.
Report to HR or the Internal Complaints Committee (ICC)
Under POSH Act guidelines, every company with 10 or more employees must have an Internal Complaints Committee (ICC) to handle workplace harassment cases.
How to Filea Complaint?
- Submit a written complaint to the ICC within three months of the incident.
- Attach any evidence (emails, screenshots, or witness statements).
- Attend the confidential inquiry process, where both parties will be heard.
The ICC is legally required to investigate the matter fairly and take appropriate action, which may include:
- A formal warning to the harasser
- Mandatory sensitivity training
- Reassignment or disciplinary action against the harasser
Escalate If No Action Is Taken
If the ICC fails to act or the harassment continues, escalate the case to:
- The Local Complaints Committee (LCC): If the workplace does not have an ICC.
- The National Human Rights Commission (NHRC): For workplace violations and discrimination.
- Legal action under IPC Sections 354A and 509/ BNS Sections 73 and 78: If harassment involves criminal behaviour.
Take Care of Your Mental Well-Being
Harassment, especially from a trusted colleague, can be mentally exhausting. Seek support from HR, a mentor, friends, or a professional counsellor.
- If the situation becomes too toxic, consider requesting a department transfer or exploring legal options.
- Do not blame yourself; harassment is about the harasser's actions, not the victim's response.
Final Thoughts
Workplace harassment is not defined by gender; it is defined by discomfort and lack of consent. If someone's behaviour is making you uncomfortable, it is okay to set boundaries and seek help.
If it feels wrong, take action. You deserve a workplace that is safe, respectful, and professional.
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