Explanation:
The Supreme Court explained that “sexual harassment is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favors and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such conduct by the female employee was capable of being used for affecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile work environment for her.”
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will Discuss on Analysis:
- Which form sexual Harassment
- Sexual Harassment gesture
- unwelcome gesture
- When Court clarified that not all physical forms of contact from a man towards a woman can be construed as sexual harassment
- When Court clarified that a verbal statement from a man towards a woman with a negative undertone alone cannot suffice as a complaint of sexual harassment.
- When the Court stated that sexual harassment at the workplace can also mean a hostile and oppressive work environment for a woman employee when power and authority from a male member of the organization are being used to force her to accompany him on his outstation travels and late-night meetings
- When the Court clarified that a Committee can initiate an investigation on the basis of a complaint forwarded/received by other sources of authority as long as the Complainant agrees to take the matter forward with them
- When the Court clarified that a Committee must not halt or end its investigation if the Complainant chooses to initiate parallel proceedings with any other forum for redressal.
- When the Court provided further clarity on the qualification of the External Member of a Committee and the qualifications of the internal members from the organization
- When the Court provided clarity on maintaining the impartial and unbiased investigation approach during the proceedings. It further stated that individual members of the Committee investigating certain matters
- Action on a false complaint
- Investigation procedure. By internal complaint committee
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