Circa 2022, in a period when ‘work from home’ or WFH as it is commonly called, is the new norm; the gig economy, slowly but stealthily eating into the traditional/conservative work culture, where work/client meetings in a cozy, upmarket café are commonplace, and the maximum interaction that one might have with most colleagues is through emails and a WhatsApp group, what does ‘workplace’ mean, and what does safety look like in this undefined world with blurry boundaries?
A safe work environment is not just a concept pushed by the government to strike off a legislative/good governance duty. A safe working environment has been proven to be a deciding factor in workplace productivity, employee participation and overall economic performance of any entity. So it stands to reason that ensuring a safe working environment, should be the responsibility and active effort of all working people, irrespective of sex, gender, age, sexual orientation.
Coming back to the problem of defining or understanding, what workplaces mean, today. The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules (POSH Act), is quite exhaustive in its definition, by not just including a physical office premise, but all work-related activities, including any travel connected with work. So, yes, a ‘work from home’ scenario, people working in the gig economy – with freelancers sitting with their laptops in a
Starbucks, or a common workstation in a co-working space, client meetings in cozy cafés, and communication on apps like WhatsApp, all come within the umbrella of workplace settings. It naturally follows that behaviour with colleagues/clients/contractors/temps/interns/visitors/vendors etc. in such previously ‘unorthodox’ work settings, will be under scrutiny when it comes to ‘workplace safety’.
Some people ask, what is acceptable or unacceptable behaviour in such changing times? And the common sense answer is – the same as a traditional workplace, where a bunch of people sit behind desks or work together, in an office premise! To lead with some examples:
- If one doesn’t wear an innerwear to an office meeting in the conference room, it will be considered unacceptable during a video conference.
- If it is not considered appropriate to refer to a colleague as ‘sexy/hot’ or some such derivative, to their face in office, it will not be acceptable behaviour, if you are texting them something similar or sending GIFs of a similar nature.
- Since propositioning a vendor/visitor/client etc., during office visits/meetings etc. or stalking them digitally or physically, after such meetings, will be considered a no-no, such behaviour in a casual environment like a hotel, café etc., will also be unwelcome.
The thing to understand and remember is the indicators of behaviour that are considered ‘sexual harassment at workplace’, and these are practically an excellent guide for any workplace behaviour.
These behavioural indicators are:
- Unwelcome
- Sexual in nature
- Subjective experience (a behaviour that is acceptable for some, might be uncomfortable for others)
- Impact not intention is what matters (the impact of your behaviour on another person is more important that what your intention is)
- Usually (not always) occurs in a power structure (where one person is a senior or at a higher position of power to the other person)
Digital communication, is another way in which workplace dynamics have changed. Does having a smartphone mean the end of privacy and a work-life balance? Getting work-related calls even post 8 PM at night or WhatsApp groups constantly buzzing even at 12:30 AM, are commonplace today. These might be indicators of a toxic work culture in general, but how does such easy accessibility affect a worker’s sense of safety. In a leading Delhi High Court judgement, Zahid Ali vs UoI, a trainee officer became infatuated with his female instructor, started by sending messages to the instructor, complimenting her beauty, and despite his senior showing discomfort and unresponsiveness to his digital declarations of admiration, his behaviour progressed to what would correctly be perceived as digital stalking. He was found guilty of sexual harassment at workplace and his services terminated.
In another Delhi High Court judgement, the facts stood that an obscene video was received on the phones of 11 employees and it had been sent by a co-worker. He immediately apologised to all these coworkers, stating that his phone was mishandled by his minor daughter, who had mistakenly sent the video. The ruling judges, correctly quoted the modern-day Philosopher Michael Bassey Johnson, “In today’s world, there are a lot of smart phones, mainly owned by not-so-smart people”. Stressing the point ad nauseum – restraints, boundaries, carefulness that one would apply when dealing with
people in a face to face, professional setting, should be rigorously followed, even in a changing work culture. Work cultures may change to an extent where they might be unrecognisable to people who might be from two generations back, but ‘professionalism’ and ‘professional decorum’ will remain the byword on working dynamics.
Another paradigm shift in changing work culture, in India, is a more ‘casual and chill’ work environment. Something like a mixed group (all genders) of colleagues going out for drinks after work hours, would have been a rarity, just 30 years back. Now, every MNC, start-ups etc., are clamouring to make their work environment as relaxed or ‘chill’ as they can, in the name of breaking traditional/rigid boundaries, improving employee motivation or loyalty. Nowadays, Friday night socials, bowling nights, karaoke nights, movie nights, are a byword in most metropolitan workplaces.
Breaking away from rigid norms that believed in cold, rigidly hierarchical structures and providing a relaxed environment for employees to work, are all great concepts, if implemented and understood in the right spirit! A lot of complaints of workplace sexual harassment in the metro areas these days, are arising in comparatively relaxed work situations like work retreats, after office happy hours, work parties, etc. Being outside office ‘premises’, alcohol being used as a social lubricant or ice
breaker, etc., are excuses that people cling to, to excuse slipping from relaxed professionalism, to outright, casual unprofessionalism.
Setting professional boundaries for oneself as well as co-workers, and making them clear, are the first step towards protecting yourself and others. Bad behaviour of a sexual nature is unacceptable in any scenario and keeping quiet about it or accepting flimsy excuses for such behaviour, are sure shot ways of enabling it.
