Sexual harassment as a gender inequality and a form of workplace discrimination: A South African perspective

Abstract

Sexual harassment is not a new phenomenon in South Africa. The continued existence of sexual harassment in the workplace specifically targeted at female employees undermines the constitutional rights to equality, human dignity, privacy, physical and psychological integrity, and fair labour practices. Against this backdrop, this article examines the different contributory factors that exacerbate or provide an enabling environment for sexual harassment to persist namely; gender inequality, sexist attitudes, and inefficient grievance procedures. Using an in-depth analysis of literature scholarly works, government reports, and legislative frameworks aimed at preventing sexual harassment in the workplace, and the selected jurisprudence of the courts, this article scrutinises the phenomenon of sexual harassment as a gendered harm. It evaluates whether there are adequate measures aimed at assisting victims of sexual harassment and gender inequalities in South Africa. Finally, in its conclusion, the article argues that, for labour legislation to efficiently address the prevalence of sexual harassment it should adopt a threefold function namely to address sexual harassment as a form of an unfair labour practice, gender discrimination and psychosocial harm.