PoSH

Does a manager's oral warning to a female employee about demotion for not meeting targets fall under Sexual Harassment under POSH Act, 2013?

3/14/2025

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:

Physical contact or advances
Demands or requests for sexual favours
Sexually coloured remarks
Showing pornography
Any other conduct of a sexual nature (physical, verbal, or non-verbal).

The oral warning issued by the manager in this case does not include any of these elements. It pertains solely to performance-related issues and lacks any sexual undertones.

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:

Implied or explicit promises of preferential treatment
Threats of detrimental treatment or adverse employment status
Interference with work, creating a hostile environment
Humiliating treatment affecting health or safety.

While the manager’s warning could be interpreted as a threat of detrimental treatment, it lacks the connection to behaviour of a sexual nature that is required under the POSH Act.

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.