Supreme Court of India defines Sexual Harassment as:

".....sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: Physical contact and advances: a demand or request for sexual favours, sexually coloured remarks, showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.”

While statistics tell us that women are more often the victims of sexual harassment, men too face varying degrees of harassment, including sexual harassment from women or other men in the organizations. While the Vishaka guidelines are to protect women from sexual harassment at work, progressive organizations cover all employees in their sexual harassment policy.

The best defense for an employer is to prove that:

• Employer took all reasonable measures to prevent and correct any sexual harassment behavior within their workplace and/or.
• Employee failed to take advantage of the preventive/corrective opportunities provided by the employer.

While light hearted teasing and banter are common at the workplace, care must be taken to ensure it does not go beyond the fine line of respectful interaction. Generally, sarcasm and jokes that are based on personal attributes or characteristics of co-workers are risky and best avoided. Fun must never be at the expense of another person’s self-respect or dignity.

A well articulated policy on sexual harassment at work is a mandatory requirement. organizations that do not have one are risking exposure on non-compliance. The Vishaka Guidelines make it clear that the employer has special responsibilities in announcing a policy and ensuring that all employees are educated on the policy and the reporting procedures in case of complaints.

Yes, depending on the nature of the rumors, it can create a hostile environment.

Strict confidentiality on all matters related to issues raised is critical. Information will be shared purely on a "need to know“ basis and under no circumstances should anyone outside of the group have access to the information. However, if issues become a lawsuit, confidentiality is difficult as personnel files are demanded.