Most employees also seemed to be unaware of the procedure to follow in case of such instances during WFH. "The survey captures the fact that corporates are still lagging behind in raising awareness among their employees. That is why most participants weren't aware how they could contact their internal committee (IC) during WFH or what information they needed to keep handy in order to file a complaint," said corporate lawyer Anupamaa V, chief trainer at the firm. This, then, poses a serious question: are companies aware and acknowledging the likeability of SH in the virtual work sphere? Antony Alex, CEO of Rainmaker, a Mumbai-based Prevention of Sexual Harassment (POSH) solutions provider, and advocate Sonam Chandwani, managing partner, KS Legal & Associates, help us decode this issue.

Anupamaa V, Antony Alex and Sonam Chandwani

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Sexual harassment in WFH

Alex believes that the respondents' apprehensions can be attributed to the fact that corporations aren't investing enough in awareness. "Many employees are not aware that their actions amount to SH. What the perpetrator views as 'friendly, flirtatious behaviour' or 'harmless fun' is often viewed as offensive behaviour. Many perpetrators also feel that behaviour from behind a digital wall does not amount to SH." Chandwani tells us that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has a broad definition of the term workplace, covering virtual offices, too. "SH has been defined as acts of a sexual nature that aren't welcome. This would mean any action by co-workers which makes the workspace, including virtually, uncomfortable, whether it's through inappropriate verbal, physical or digital encounters," she adds.

When the survey participants were asked what in their opinion could be a type of SH in the current scenario, 80.1 per cent said wearing inappropriate clothing for calls, 79.6 per cent pointed to sending lewd jokes, followed by inappropriate language on work calls and insisting on video calls at odd hours, among other instances. "Post lockdown, SH cases in the virtual workplace have shot up. Some of the typical instances include insistence on a full body camera view on a video call, lewd gestures, changing clothes on video call, etc," Alex explains. In one instance, he shares, a regional sales head of a well-known MNC insisted his women team members must appear on Zoom in low-cut tops. "In another case, a woman manager insisted on her male subordinate providing her Zoom updates after 11 pm, post which, she'd chat about personal aspects of their lives. This was heard by the disciplinary committee and not the IC, as it's not empowered to hear SH cases filed by men," he
explains.

What the law says

Around 66.7 per cent employees told Upceed they hadn't been informed about which acts could amount to SH under the law and the company's policy during WFH. Chandwani reiterates that any instance of workplace SH is governed primarily by the POSH Act "Any form of offensive, regressive or discriminatory behaviour would attract the same penal law in WFH as it would in office. It may also attract provisions of the IT Act, 2000," she elaborates.

Have a complaint?

According to Upceed's findings, around 65.2 per cent participants said the management hadn't informed them how to reach the presiding officer of IC in case of a complaint, and 65.9 per cent weren't aware of what documents they will need to file a plaint. In case an employee wants to file an SH case, here are few things to keep in mind, according to Alex and Chandwani:

. Gather sufficient evidence — screenshots, call recordings and witnesses, etc. Prepare a detailed complaint outlining the instances of SH and attach all relevant proof. If possible, have a lawyer review your complaint. File the complaint with the IC of the company; if it doesn't have one, file it with the Local Committee in your jurisdiction. Do this within three months of the incident.

. Employers should ensure confidentiality of the complainant is maintained throughout the process.

. Women employees can also file a complaint through the SHe-Box (shebox.nic.in), a government-led initiative that provides single-window access. The complaint is directly sent to the authority concerned.

Awareness is key

Alex feels that if corporates trained their employees on what constitutes SH, then instances would see a marked drop. "Initially, most companies were struggling to cope with the pandemic and weren't focussed on the collateral damage of virtual SH. However, with this becoming the 'new normal', the demand for our online training modules has increased," he notes, sharing a few pointers for organisations:

. Don't assume WFH is a safe space. .Workers emulate their leaders. So, leaders of organisations should repeatedly drive home the message that the company has zero tolerance for any kind of SH at the workplace, even virtually.

. Actively invest in training and sensitisation of the workforce.

. Build your organisation's brand as a safe place to work; it leads to lesser attrition and keeps the employees motivated.

300
People surveyed of which 39.2% were women, 38.5% men and 22.3% others

71.4%
Respondents said they don't think WFH is safer or that SH won't happen

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