A legal analysis of the law regulating sexual harassment in the workplace in South Africa

Abstract

This mini-dissertation investigates the historical roots of sexual harassment in the South African workplace, deeply entrenched in a legacy of gender inequality exacerbated by the apartheid era. The oppressive system fostered an environment where women, particularly black women, were vulnerable to unwanted sexual advances in exchange for job security or advancement. Post-apartheid, legislative measures such as the Employment Equity Act of 1998 and the Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work sought to address sexual harassment and create safer workplaces. However, challenges persist. The study is centred on quid pro quo sexual harassment, analysing the legal framework, specifically the Code of Good Practice, to identify gaps and challenges in addressing this issue, particularly concerning gender-based violence. Objectives encompass defining violence and harassment, fostering respectful workplace cultures, promoting HR procedures for addressing harassment, encouraging stakeholder cooperation, and ensuring victim support.