Key Definitions — Section 2

2.1 Sexual Harassment — Section 2(n)

Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

1. Physical contact and advances
2. Demand or request for sexual favours
3. Making sexually coloured remarks
4. Showing pornography
5. Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature

Additionally, circumstances causing or likely to cause humiliation which may constitute sexual harassment:

• Implied or explicit promise of preferential treatment in employment
• Implied or explicit threat of detrimental treatment in employment
• Implied or explicit threat about present or future employment status
• Interference with work or creating an intimidating, hostile, or offensive work environment
• Humiliating treatment likely to affect health or safety

2.2 Aggrieved Woman — Section 2(a)

Any woman of any age — whether employed or not — who alleges sexual harassment at the workplace. Specifically includes:

• Permanent, temporary, or ad hoc employees
• Women employed on daily wage basis
• Women employed through an agent
• Domestic workers working in a household
• Trainees, apprentices, interns
• Students, research scholars in educational institutions
• Patients, clients, customers visiting workplace

2.3 Workplace — Section 2(o)

Any place visited by the employee arising out of or during the course of employment — including:

• Government offices
• Private sector establishments, companies, firms
• Educational institutions, hospitals, sports institutions
• Any place visited by the employee during the course of employment — transport provided by employer, off-site meetings, work conferences

Domestic household is explicitly covered as a workplace for domestic workers.

2.4 Employee — Section 2(f)

Any person employed at a workplace for any work — includes regular, contractual, temporary, ad hoc, part-time employees; also includes those employed by an agent, domestic workers, apprentices, trainees.

2.5 Employer — Section 2(g)

Person responsible for management, supervision, and control of the workplace — includes the Government for government departments, and the person who employs the domestic worker.

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