- Sexual harassment is any unwelcome sexually determined behavior, such as physical contact and advances, sexually colored remarks, showing pornography and demanding sexual favors.
- It is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment.
- Effective complaints procedures and remedies, including compensation, should be provided.
- The employer or other responsible person should take all steps necessary to prevent sexual harassment from occurring.
- The employer should create a safe and congenial working environment for all its employees.
- The employer should take all steps to make the employees aware of their rights and the complaint mechanism.
- The employer should take disciplinary action against the perpetrator of sexual harassment.
- The employer should provide support to the victim of sexual harassment.
- The victim of sexual harassment should not be subjected to any further harassment or discrimination.
- The complaint mechanism should be simple, accessible, confidential and impartial.
The Vishaka guidelines are not legally binding, but they are considered to be the best practices for preventing and dealing with sexual harassment at the workplace. They have been adopted by many organizations in India and have been cited by courts in other countries.