Understanding Sexual Harassment in the Workplace

Opinion Piece by:

Stephany Terblanche

Sexual harassment in the workplace is a contentious issue that continues to affect employees in the workplace, across various industries and levels of seniority. In the context of labour law, it’s more than just an ethical concern—it is a legal one, with clear obligations placed on employers to protect employees from harassment of any kind, particularly sexual harassment.

1. Defining Sexual Harassment:

Sexual harassment can be broadly defined as the unwanted conduct of a sexual nature that violates the dignity of a person or creates an intimidating, hostile, or offensive working environment. It can range from inappropriate comments or jokes to physical contact, sexual advances, and even coercion or threats linked to sexual favours.

In terms of the Employment Equity Act (55 of 1998), as amended, a legal duty is placed on employers to ensure that workplaces are free from any form of harassment, including sexual harassment. In line with the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, which came into effect in March 2022, employers must adopt proactive and preventative measures.

2. Employer Obligations and the Role of Policy.

From a legal standpoint, employers have both a moral and statutory duty to prevent harassment amongst employees. Failure to do so can result in liability for constructive dismissal claims or claims based on unfair discrimination. This is why it is crucial for organisations to have a clear, well-communicated sexual harassment policy in place.

Such a policy should define what constitutes sexual harassment, provide examples, and explain the procedures to follow when an incident occurs. Importantly, it must outline the rights of the complainant, the responsibilities of management, and the consequences for perpetrators. Employees need to know that complaints will be taken seriously, treated confidentially, and handled fairly.

3. Internal Procedures and How to Address Complaints.

Having a policy is just one part of the solution. This policy must be supported by procedures that are easily accessible. When an employee reports sexual harassment, the employer must conduct a prompt, impartial, and confidential investigation. In many cases, informal resolution may be possible and appropriate, particularly when the complainant is seeking an apology or behaviour correction. However, in more serious cases, formal disciplinary processes should follow.

It’s also important that the process is victim-centred. In many instances, victims feel traumatised, or unsupported during investigations. Employers and/or HR managers, must strike a balance between procedural fairness for all parties and a trauma-informed approach that protects the wellbeing of the complainant.

4. The Importance of Training and Awareness.

One of the most effective strategies for prevention of sexual harassment in the workplace is education and training. Employees at all levels need to understand what sexual harassment looks like, what behaviour is unacceptable, and how to report concerns. Leaders and managers must be equipped with the skills to handle complaints appropriately and sensitively.

Workshops, training sessions, and regular communication help reinforce expected standards and foster a culture of accountability. Training should also cover intervention strategies, which encourage employees to speak up or report when they witness inappropriate behaviour by their colleagues.

5. Creating a Culture That Doesn’t Tolerate Harassment.

Ultimately, workplace culture is what sustains policies and procedures. Organisations need to create environments where mutual respect, professionalism, and dignity are the norm. Leadership plays a critical role here. When executives and senior managers take a zero-tolerance approach and model respectful behaviour, it sets the tone for the entire organisation.

This includes not turning a blind eye to subtle forms of harassment, such as inappropriate jokes, comments about appearance, or ‘banter’ that crosses the line. Often, these behaviours are dismissed as harmless, but they contribute to a culture in which more serious misconduct can take root.

Employers should design systems that protect vulnerable workers, including anonymous reporting channels, and whistleblower protection mechanisms.

6. Conclusion.

Sexual harassment is a workplace issue that demands a legally sound, proactive, and human response. From a labour law perspective, employers not only have a duty to prevent it, they must be seen to be acting decisively and fairly when it occurs. Essentially, the best defence is prevention: through clear policies, effective training, and an organisational culture rooted in respect and accountability.

Employers must aim to create a workplace where people feel safe, valued and empowered to do  their best work.