(1) No woman shall be subjected to sexual harassment at any workplace.
(2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.
Legal Commentary & Landmark Judgments: Section 3
Section 3 imposes an absolute statutory prohibition on sexual harassment at the workplace and codifies the doctrine of 'hostile work environment' and 'quid pro quo' harassment.
These circumstances include: (i) implied or explicit promise of preferential treatment in employment; (ii) implied or explicit threat of detrimental treatment; (iii) implied or explicit threat about present or future employment status; (iv) interference with work or creating an intimidating, offensive, or hostile work environment; or (v) humiliating treatment likely to affect health or safety.
Section 3 shifts the legal focus from overt physical assault to psychological and institutional harassment. By recognizing hostile work environments and subtle quid pro quo coercion, the statute recognizes that intangible forms of intimidation impair occupational mobility and gender parity just as severely as physical abuse.