|
The manager's oral warning to a female employee about demotion for not meeting targets does not fall under the definition of sexual harassment under the POSH Act, 2013. Here's a detailed explanation based on the law:
Analysis under Section 2(n) of the POSH Act Sexual harassment, as defined under Section 2(n), requires the behaviour to be of a sexual nature, such as:
Analysis under Section 3(2) of the POSH Act
Section 3(2) describes circumstances that may indicate sexual harassment if they occur alongside behaviour of a sexual nature, such as:
Conclusion The oral warning about demotion is a matter of workplace performance and management and does not fall under the definition or circumstances of sexual harassment outlined in the POSH Act, 2013. However, if the warning was issued in a discriminatory or hostile manner unrelated to performance, it could be evaluated under other workplace harassment or misconduct policies.
Disclaimer: This document is for educational purposes only and does not constitute legal advice.
1 Comment
Kavya B
9/15/2025 04:17:14 am
An oral warning about demotion for not meeting targets does not amount to sexual harassment under the POSH Act, 2013. Sexual harassment requires conduct of a sexual nature (e.g., advances, requests for favours, sexually coloured remarks). Since this case is purely performance-related, it falls outside the scope of POSH, though it may be reviewed under other workplace grievance or misconduct policies. Leave a Reply. |
Categories
All
HR BooksSocial Work Books |
||||||
RSS Feed
