Sexual harassment in the workplace

Definition

Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. Sexual attention becomes sexual harassment if:

• • The behaviour is persisted in, although a single incident of harassment can constitute sexual harassment and/or

• • The recipient has made it clear that the behaviour is considered offensive and/or

• • The perpetrator should have known that the behaviour is regarded as unacceptable

Protection by law

All employers and employees should be aware that they are protected by the Employment Equity Act (EEA) of South Africa against such harassment. A thorough reading of the National Economic Development and Labour Council’s (Nedlac) Code of Good Conduct will give you a clear idea of your rights. Visit www.nedlac org. za for more information.

Forms of sexual harassment

Sexual harassment may include unwelcome physical, verbal or non-verbal conduct, but is not limited to the examples listed as follows:

• • Physical conduct of a sexual nature includes all unwanted physical contact, ranging from touching to sexual assault and rape, and includes a strip-search by or in the presence of the opposite sex

• • Verbal forms of sexual harassment include unwelcome innuendoes, suggestions and hints; sexual advances, comments with sexual overtones, sex-related jokes, insults or unwelcome graphic comments about a person’s body (made in their presence or directed towards them), unwelcome and inappropriate inquiries about a person’s sex life and unwelcome whistling directed at a person or group of persons

• • Non-verbal forms of sexual harassment include unwelcome gestures, indecent exposure and the unwelcome display of sexually explicit pictures and objects

• • Quid pro quo (“a favor for a favor”) harassment occurs where an owner, employer, supervisor, member of management or co-employee undertakes or attempts to influence the process of employment, promotion, training, discipline, dismissal, salary increment or other benefits of an employee or job applicant in exchange for sexual favours

• • Sexual favouritism exists where a person who is in a position of authority rewards only those who respond to his/her sexual advances, while other deserving employees who do not submit themselves to any sexual advances are denied promotions, merit rating or salary increases.

Advice and assistance Sexual harassment is a sensitive issue and a victim may feel unable to approach the perpetrator, lodge a formal grievance or turn to colleagues for support. As far as is practicable, employers should designate a person outside of line management whom victims may approach for confidential advice. The counsellors of Your Employee Wellbeing Programme are all trained to fulfil such a role. Alternatively, a company can appoint another person who:

• • Could be an employee of the company given the task of performing inter alia such a function, a trade union representative or co-employee, or an outside professional

• • Should have the appropriate skills and experience or be properly trained and given adequate resources

• • Could be required to have counselling and relevant labour relations skills and be able to provide support and advice on a confidential basis.

Confidentiality

Employers and employees must ensure that grievances about sexual harassment are investigated and handled in a manner that ensures that the identities of the persons involved are kept confidential. In cases of sexual harassment, the management, employees and the parties concerned must endeavour to ensure confidentiality in the disciplinary enquiry. Only appropriate members of management as well as the aggrieved person, representative, alleged perpetrator, witnesses and interpreter (if required), must be present in the disciplinary enquiry. Employers are required to disclose to either party, or to their representatives, such information as may be reasonably necessary to enable the parties to prepare for any proceedings in terms of the Nedlac code.

Our Employee Wellbeing Programme (EAP) is available 24 hours a day if you want to know more about sexual harassment at work or if you are being sexually harassed. Your call will be strictly confidential.