UNDERSTANDING THE CONCEPT OF SEXUAL HARASSMENT

COMPREHENSIVE DEFINITION AND NATURE OF THE CONDUCT

Sexual harassment in the workplace should be understood not as a simple social misunderstanding, but as a direct violation of the fundamental rights of women and any employee to equality, life and liberty.

It is defined as any behavior of a sexual nature, whether explicit or implicit, that is unpleasant, unwelcome and offensive to the person on the receiving end.

This conduct creates a hostile and unsafe work environment that discourages work participation and affects the economic and social well-being of the victim.

The definition is broad and includes physical contact, unsolicited advances, demands for sexual favors, sexually charged comments, display of pornography and any other verbal or nonverbal conduct of a sexual nature.

It is vital to understand that harassment does not necessarily require physical contact; offensive comments about gender or sexist generalizations also constitute an offense, even if they are not sexually explicit, as long as they are based on a person's sex and create discomfort.

Imagine, for example, that Winston Churchill made constant and demeaning comments about the intellectual capacity of women in his war cabinet; even if there was no explicit sexual content, this would constitute gender-based harassment.

THE "UNWELCOME" CRITERION AND THE SUBJECTIVITY OF IMPACT

Central to identifying harassment is the concept of "unwelcome" or "unsolicited" conduct.

The critical difference between a permissible social interaction and harassment lies in the perception of the recipient, not the intention of the sender.

What one person may consider an innocent compliment, another may perceive as a serious offense.

Therefore, the impact on the victim always prevails over the intention of the aggressor.

The legislation focuses on the humiliating, intimidating or offensive effect that such conduct generates.

For example, if Elvis Presley attempted to hug Marilyn Monroe in a professional setting and she expressed discomfort or rejection, his insistence would constitute harassment, regardless of whether he believed he was simply being "nice" or charismatic.

It is a common misconception that lack of malicious intent exempts blame; if the conduct is unwanted and affects the employee's dignity, it is harassment.

Even if a consensual relationship existed previously, if one of the parties decides to terminate it, any subsequent insistence becomes unwelcome conduct.

MYTHS AND REALITIES IN THE WORKPLACE DYNAMIC

There are numerous myths that get in the way of prevention. One widespread one is the belief that victims provoke harassment by their dress or attitude.

Reality shows that bullying is a manifestation of power, affecting people of all ages and behaviors. Another myth is that bullying only flows from bosses to subordinates.

While abuse of authority is common, the harasser can be a peer, a supervisor in another department or even a third party, such as a customer or supplier.

For example, if Marie Curie were harassed by an outside laboratory vendor visiting the facility, the institution would still be responsible for protecting her under the POSH Act.

In addition, the law protects both men and women, and harassment can occur between people of the same gender.

Ignoring these behaviors on the premise that they will "go away on their own" is a failed strategy that is often interpreted as acceptance.

SUMMARY

Sexual harassment is defined as any conduct of a sexual, physical or verbal nature that is unwelcome and offensive, violating fundamental rights and creating a hostile environment for the victim.

The central element for its legal identification is that the conduct is "unwelcome"; the subjective perception of impact on the victim always prevails over the aggressor's intention or justification.

There are myths that need to be debunked: harassment is not provoked by the victim and is an abuse of power that can come from bosses, colleagues or third parties, regardless of gender.