The prevention of sexual harassment in the workplace

Abstract

Sexual harassment in the workplace is a pervasive and serious problem that affects both men and women, though it disproportionately impacts women. It violates fundamental rights to dignity, equality and personal security, leading to negative consequences for victims, the workplace and the society. The Constitution of South Africa and the Employment Equity Act provide a legal framework to prohibit and prevent sexual harassment in the workplace, and to protect and provide remedies for victims. However, there are gaps and challenges in the legal framework and its implementation, such as the lack of a clear and consistent definition of sexual harassment, the inadequacy of the existing remedies and sanctions, and the barriers to access justice and support services. This research study aims to critically analyse the law on sexual harassment in the workplace, to ascertain whether robust measures exist for the victim to curb sexual harassment in the workplace or whether the victim must pursue the matter through the court system, and also to provide measures to curb sexual harassment in the workplace in South Africa. The main research question is: Are the existing laws sufficient to effectively prevent and address sexual harassment in the workplace? The research findings and recommendations will contribute to the development and reform of the law and policy on sexual harassment in the workplace in South Africa and to the promotion of gender equality and human dignity in the workplace.