Act, Not Intent Defines Workplace Sexual Harassment

Introduction

When Decency, Not Intent, Becomes the Yardstick of Conduct

In the realm of workplace conduct, a powerful shift is taking place-one that rightly prioritizes impact over intent. In the context of sexual harassment, what matters is not what was meant, but how it was received. And the law is clear: it is not the intention of the accused, but the experience of the aggrieved woman that forms the crux of the matter.

"The standard of reasonableness is not the standard of a reasonable man but the standard of a reasonable woman," as aptly observed by the Hon'ble U.S. Supreme Court in the case of Joseph Oncale vs. Sundowner Offshore Services.

This statement serves as a powerful reminder that perspectives matter, and in a gendered society, the lens through which we evaluate conduct must be sensitive to how women experience and internalize inappropriate behavior.