WHAT IS SEXUAL HARASSMENT?
Sexual harassment occurs when a person experiences hurtful and belittling behaviour because of his or her sex.
It can be described as any unwanted and unwelcome sexual comments, looks, actions, suggestions or physical contact which are found objectionable and as a result of which an employee's job security, job performance or job prospects are threatened or an unpleasant or intimidating working environment is created.
Sexual harassment at work is widespread and is damaging to people and organisations on a huge scale.
Section 6 of the Employment Equity Act places a duty on all employers to eliminate unfair discrimination in any employment policy or practice. Section 6(1) of the said Act, prohibits unfair discrimination due to sex. Section 6(3) defines unfair discrimination to include the harassment of an employee.
The Legislature intends to provide a code of practice by defining the various forms of work place harassment, and particularly, racial and sexual harassment.