Sexual Harassment in the Workplace

Sexual harassment is a form of unfair discrimination and a violation of human dignity and equality in South Africa. The Constitution of South Africa, the Employment Equity Act, the Labour Relations Act, and the Code of Good Practice on the Handling of Sexual Harassment Cases provide the legal basis for addressing sexual harassment in the workplace. According to the Code of Good Practice, sexual harassment is “unwanted conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace”.

Sexual harassment can take many forms, such as physical contact, verbal comments, gestures, jokes, innuendos, display of pictures, sending of electronic messages, or any other conduct that creates a hostile or intimidating work environment. Sexual harassment can affect anyone, regardless of their gender, sexual orientation, race, culture, religion, or position. However, some groups may be more vulnerable to sexual harassment due to power imbalances, social norms, or stereotypes.

The Code of Good Practice recommends that employers adopt a sexual harassment policy that clearly defines what constitutes sexual harassment, outlines the procedures for reporting and resolving complaints, provides support and protection for complainants and respondents, and specifies the disciplinary measures for offenders. The policy should also promote awareness and prevention of sexual harassment through education and training programs for all employees.

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