THE SCOPE OF THE “WORKPLACE

REDEFINING THE WORKSPACE: BEYOND THE OFFICE

The traditional conception of the workplace as limited to the company's physical premises or strict office hours has become obsolete.

Modern legislation, including the POSH Act, introduces the concept of the "extended workplace".

This term encompasses any site visited by the employee as a consequence of, or in the course of, his or her employment. This implies that legal protection travels with the employee.

If an incident occurs off-site but in a context arising from the employment relationship, the organization retains its responsibility to intervene. This is crucial to understanding corporate responsibility.

If Nikola Tesla and Thomas Edison had a dispute of a sexual nature while visiting a customer's plant for a technical demonstration, that off-site location is legally considered their workplace at that time.

The employer cannot wash its hands of the matter by arguing that the incident occurred outside its walls, as the interaction arose directly out of job duties.

TRANSPORTATION, TRAVEL AND CORPORATE EVENTS

The scope explicitly extends to employer-provided transportation for travel to and from work.

It also includes temporary accommodations, such as hotels during business trips, and spaces where related activities are held, such as conferences or public relations events.

A critical scenario is social events organized by the company. Even if they occur outside working hours, any inappropriate conduct at these events falls under the company's jurisdiction.

Let's imagine that Cleopatra organizes a large gala dinner for its employees and clients.

If during this sponsored event, Julius Caesar harasses a female employee, the fact that it is a party and alcohol is involved does not exempt Cleopatra's organization from liability. It is considered an extension of the workplace.

Similarly, if during a business trip Ernest Hemingway makes indecent proposals to a female colleague in the hotel lobby, this qualifies as extended workplace harassment.

THE VIRTUAL ENVIRONMENT AND DIGITAL COMMUNICATIONS

In today's age, the workplace is also digital. Harassment can be perpetrated through electronic means.

This includes phone calls, emails and messages on platforms such as WhatsApp or Zoom. The concept also protects employees in teleworking mode.

Offensive conduct conducted through a webcam or a text message sent outside working hours, but derived from the professional relationship, constitutes harassment.

If Albert Einstein sent sexually suggestive memes to Mileva Marić via corporate chat or even from his personal phone late at night, this would be considered harassment in work "cyberspace."

Digital platforms have become a direct extension of the office, and the rules of conduct apply just as stringently.

THE BUSINESS CONTINUITY RULE

It is critical to understand that geographic location is secondary to the nature of the relationship.

If two employees interact in a coffee shop or public space and the interaction derives from their professional relationship, that space temporarily becomes the workplace.

Even "off-site" social interactions that impact the work environment the next day are the responsibility of management.

Therefore, the responsibility to maintain respectful behavior is constant and does not cease when you leave the building.

If Frida Kahlo encountered a colleague in a casual restaurant and he harassed her based on her work hierarchy, the company would have an obligation to investigate.

SUMMARY

Modern legislation extends the concept of workplace beyond the physical office, encompassing any location that the employee visits as a direct consequence of his or her employment relationship.

This protection includes company-provided transportation, accommodations during business trips, and corporate social events, where the organization maintains its responsibility to intervene.

The virtual environment and social interactions arising from work are also covered by the standard, ensuring that the obligation of respectful conduct remains constant, even outside normal working hours.