Sexual harrassment in the workplace is not a new phenomenon but has only attracted intersest for
the past 30 years. Before it was nearly invisible and inaudible.1 Though even today is still often
considered as being a trifling offence. The following examines the status of sexual harrasment in
South African Law and presents different approaches to a definition of this divers term.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- I. Definition and Development of the term
- 1. Nature of conduct
- 2. Effect of the conduct
- a) Hostile working environment harassment
- b) Quid pro quo harassment
- 3. Un-welcomeness
- a) Subjective test
- b) Objective test
- c) The reasonable victim test
- II. The South African approach to the definition of sexual harassment
- 1. The 1998 Code of Good Practise
- 2. The 2005 Code of Good Practise
- 3. Sexual harassment as discrimination
- 4. The liability of the employer
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This assignment aims to examine the legal definition and handling of sexual harassment cases in South Africa, focusing on the evolution of legal approaches and the roles of employers and employees. It analyzes the complexities of defining sexual harassment and the challenges in establishing liability.
- Defining sexual harassment: exploring the complexities of defining "unwelcome conduct of a sexual nature" and the various legal tests used.
- The South African legal framework: examining the development of legal definitions and codes of practice related to sexual harassment.
- Employer liability: analyzing the legal responsibilities of employers in preventing and addressing sexual harassment in the workplace.
- The impact of sexual harassment: considering the effects of harassment on victims and the workplace environment.
- Sexual harassment as discrimination: exploring the connection between sexual harassment and discrimination on the grounds of sex and gender.
Zusammenfassung der Kapitel (Chapter Summaries)
The Introduction briefly introduces the history and significance of workplace sexual harassment. Chapter I delves into defining sexual harassment, analyzing the nature of the conduct, its effects (hostile environment and quid pro quo), and the concept of "unwelcomeness," comparing subjective, objective, and reasonable victim tests. Chapter II examines the South African approach, detailing the 1998 and 2005 Codes of Good Practice, the legal classification of sexual harassment as discrimination, and the implications for employer liability.
Schlüsselwörter (Keywords)
Sexual harassment, workplace harassment, South African law, legal definition, employer liability, discrimination, codes of good practice, hostile work environment, quid pro quo harassment, unwelcomeness, reasonable victim test.
- Citation du texte
- Stephan Müller (Auteur), 2008, Sexual Harrassment in the Working Place, Munich, GRIN Verlag, https://www.grin.com/document/123574
