It’s Just a Pat on the Cheek !!
A senior VP of a company, Mr. P was invited to a Women’s Empowerment Session, organized by an NGO. During the lunch break, Neha, an activist, posed a tough question to the VP-HR about a sexual harassment case in their company a year back, which had been widely reported in the media.
Instead of a reply, Mr P condescendingly patted the lady on her cheek. Furious, she moved away immediately. However, the act of patting was caught on camera by a friend of the lady.
Later, during the day, she posted the picture on social media, alleging sexual misconduct and expressing her disgust at the conduct of the VP. Within hours, her post turned viral, gathering support from netizens. The next morning, Mr. P sent an apology letter, clarifying his act to be a display of fatherly affection. The lady accepted the apology in a social media post; however, she refused to buy the ‘fatherly affection’ argument.
Points to Ponder
- How can a simple ‘pat on the cheek’ be misread as sexual harassment?
Ans : Under the POSH law, any act of touching a lady, which is found offensive by her, is sexual harassment. This is called yellow zone behaviour and needs to be avoided. - The VP HR stated that he acted out of fatherly affection. How can the act still be termed as sexual harassment?
Ans : Under law, it is the lady’s perception and not the man’s intention which matters. Any act of physical touching, perceived by a lady as sexual harassment, shall be termed as such. - Can the VP-HR be booked for sexual harassment even after an apology?
Ans : Yes. In this cases had the lady refused to accept the apology, an enquiry could have been set up and disciplinary action could have been recommended against the VP-HR