FCC narrows workplace harassment scope

FCC narrows workplace harassment scope

ISLAMABAD: The Federal Constitutional Court (FCC) has ruled that workplace misconduct does not fall within the jurisdiction of the ombudsperson under the Protection against Harassment of Women at the Workplace Act, 2010, unless the alleged conduct has a sexual element.

A three-member FCC bench, headed by Chief Justice Amin-ud-Din Khan, issued the ruling in a judgment authored by Justice Ali Baqar Najafi. The court held that while inappropriate workplace behaviour may generally be described as harassment, it becomes actionable under the 2010 law only when it involves sexual conduct.

The ruling differs from the Supreme Court’s interpretation of workplace harassment in a 2025 judgment. The Supreme Court had held that harassment could also involve gender-based discrimination and the creation of a hostile work environment, noting that such behaviour could arise from power and domination rather than sexual intent.

The FCC, however, rejected that broader interpretation, holding that Section 2(h) of the 2010 Act requires a sexual element for conduct to fall within the ombudsperson’s jurisdiction.

The court observed that misconduct or behaviour considered inappropriate between employees or involving an employer may have serious consequences and could amount to disciplinary wrongdoing. However, such conduct would not constitute actionable harassment under the Act unless it could be shown to have a sexual nature or origin.

The bench noted that the law was enacted to protect both men and women in workplaces, but specifically from harassment involving a sexual dimension.

The court further held that even conduct causing distress, harm or other adverse consequences would not become cognizable before the ombudsperson merely because it was objectionable or harmful. It must first meet the statutory requirement of having a sexual character.