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A MALE WORKER KEPT A ROMANTIC SONG AS HIS PHONE RINGTONE. HEARING THIS, A FEMALE COLLEAGUE FILED A SEXUAL HARASSMENT COMPLAINT AGAINST THE MALE WORKER WITH THE ICC. IS IT VALID?

3/11/2023

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A male worker kept a romantic song as his phone ringtone. Hearing this, a female colleague filed a sexual harassment complaint against the male worker with the ICC. Is it valid?
→Whether this complaint is valid or not depends on the particular circumstances of the case and the provisions of the POSH Act, 2013. In this context, it may be difficult to determine whether a male worker's choice of ringtone is sufficient to constitute sexual harassment.

→As per POSH Act, sexual harassment is unwelcome sexual conduct, whether verbal, non-verbal, or physical. If the male worker's choice of ringtone is based on sexual content or innuendo, or if it creates a hostile work environment for the female colleague, it may be considered sexual harassment.

→However, if the ringtone is simply a romantic song with no sexually explicit content, it may not be considered sexual harassment under the law. It is essential to consider the context in which the ringtone is played, the impact it has on the female colleague, and whether it interferes with her ability to work in a comfortable and safe environment.

→The ICC must thoroughly investigate the matter, gather evidence and determine whether the male worker's conduct meets the definition of sexual harassment of the act before proceeding.
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