Shifting paradigm of work
The year 2020 marked a turning point in the world of work. The COVID-19 pandemic reshaped not only how we live but also how we earn, communicate, and collaborate. Work-from-home became the default mode for millions, forcing organisations to adapt to a new digital ecosystem almost overnight.
While this shift helped sustain the global economy, it also dismantled traditional workplace boundaries. The home, once a private sanctuary, was transformed into an office space. Living rooms became boardrooms, bedrooms became brainstorming zones, and screens became the new meeting tables. This unprecedented blending of professional and personal spaces brought about new opportunities, but also new risks.
With supervisors, colleagues, and clients now virtually entering one’s private environment through video calls, chats, and emails, the lines between personal and professional space have blurred. And while remote work eliminated some in-person conflicts, it also gave rise to new and often misunderstood forms of workplace misconduct, particularly virtual sexual harassment.
It is a common misconception that harassment cannot occur in a remote setup. However, the virtual environment has introduced subtle yet harmful behaviours, such as inappropriate messages, unwelcome video interactions, or sexual comments during online meetings — all of which fall under the purview of workplace harassment.
How the law sees virtual sexual harassment
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, provides a broad and inclusive definition of sexual harassment. It covers physical, verbal, and non-verbal behaviour that is unwelcome and sexually coloured, whether occurring in person or online.
This means that the protection of the PoSH Act extends to virtual workplaces as well. Any act that causes discomfort, humiliation, or a hostile environment during virtual work interactions can be considered sexual harassment. This includes:
- Sending sexually coloured jokes, memes, or messages on professional platforms such as Slack, Teams, or WhatsApp.
- Making inappropriate comments about appearance during video calls.
- Repeatedly calling or messaging a colleague beyond work hours under the guise of “checking in.”
- Sharing personal or suggestive content online without consent.
The Apparel Export Promotion Council v. A.K. Chopra (1999) case is a landmark example that broadened this interpretation. The Supreme Court ruled that physical contact is not essential for an act to amount to sexual harassment. The court clarified that any behaviour that has a sexual undertone and causes discomfort or distress to the woman qualifies as harassment under the law.
This judgment paved the way for recognising virtual harassment — where physical presence is absent, but the emotional and psychological impact remains real.
Avoiding legal liability
For organisations, this evolving landscape brings new compliance responsibilities. Employers are legally obligated to ensure that their anti-sexual harassment policy covers virtual interactions and that employees are aware of acceptable online conduct.
Some steps to minimise legal and ethical risks include:
- Updating the PoSH policy to explicitly mention virtual meetings, emails, chats, and online platforms.
- Training employees and managers to recognise and address inappropriate digital behaviour.
- Encouraging early reporting by assuring confidentiality and non-retaliation.
- Setting communication boundaries, such as appropriate call timings, tone of messages, and avoiding unnecessary personal discussions.
- Strengthening the Internal Committee (IC) to conduct inquiries virtually when required, while maintaining procedural fairness and empathy.
With courts recognising virtual workplaces as valid work environments, employers who fail to act on virtual harassment complaints could face the same penalties as in physical cases.
How the law sees virtual workplaces
To adapt to changing times, the definition of “workplace” under Section 2(o) of the PoSH Act is deliberately expansive. It includes any place visited by an employee arising out of or during employment, this can be an office, a client location, or even a digital platform.
In a significant decision, the Rajasthan High Court reaffirmed this principle. In a case involving a banking employee, the court held that:
“In the present digital world, the workplace for employees working in the bank and who have earlier worked in the same branch and later on shifted to different states has to be treated completely as one workplace on a digital platform.”
Justice Sanjeev Prakash Sharma, who delivered this ruling, emphasised that harassment cannot be dismissed merely because the employees were in different geographical locations. What matters is the impact and context of the act, not the physical distance.
This ruling strengthens the understanding that the digital workspace is a legitimate workplace under PoSH. The same standards of respect, professionalism, and accountability apply, whether employees interact in person or online.
Conclusion
The virtual workplace is not an exception; it is an evolution. It has opened doors to inclusivity, flexibility, and innovation, but it has also brought forth complex human interactions that demand new awareness.
The digital age calls for modern interpretations of respect and professionalism. Every ping, message, emoji, or camera angle has the potential to shape an employee’s sense of safety.
Therefore, the onus is on both organisations and individuals to adapt through continuous sensitisation, transparent redressal mechanisms, and a culture of empathy. The goal is not only to prevent harassment but to reimagine the virtual workplace as a space of dignity and equal opportunity.
When awareness meets accountability, even the most distant workplaces can remain safe, inclusive, and connected, beyond screens and across boundaries.
At Serein, we recognise that the workplace extends beyond the four walls. Reach out to our experts for advice at hello@serein.inc