Sexual Harassment in the Workplace

While it may sound straight-forward, detecting sexual harassment is not the easiest thing to do in or out of the workplace. Most employees assume that they know how to classify sexual harassment in the workplace but there is in fact a lot more to it than we think.

It is your employer's responsibility to ensure that policies and procedures are followed in order to eliminate sexual harassment in the workplace. While your employer can enforce an environment intolerant of such behaviour, not everyone shares the sentiment of mutual respect. Employees need to be able to identify acts of sexual harassment so that the necessary action may be taken to eliminate this. Understanding what constitutes as sexual harassment and what doesn't, is vital information for employees to have. Not knowing how to identify sexual harassment perpetrators and how to manage such situations will certainly make a bad situation worse.

To follow, are all the sexual harassment details you need to know in order to protect yourself from such situations. Also, find procedures and necessary actions required in order to eliminate sexual harassment offenders for good.

Defining Sexual Harassment.

The best way to understand sexual harassment in the workplace is by defining exactly what it is.

As defined in Notice 1367 of 1998, Notice of Code of Good Practice in the Handling of Sexual Harassment Cases; sexual harassment is identified as unwanted conduct of a sexual nature. Such conduct becomes harassment when;

• Sexually charged behaviour persists on an ongoing basis

• The victim of such acts makes it clear that such behaviour is inappropriate and the perpetrator persists

• The perpetrator is aware that his/her behaviour is unacceptable but continues to behave in such a manner

Identifying Sexual Harassment in the Workplace.

There are two distinct forms of sexual harassment that take place in the workplace. Identifying such harassment is important for both employers and employees. Both forms are equally bad. By identifying the below clues you may be able to prevent and remove sexual harassment perpetrators from your workplace altogether.

1.  Unsolicited physical, verbal or non-verbal sexual conduct.

• Physical: Inappropriate physical contact, sexual assault and rape.

• Physical: Strip search conducted by or witnessed by a member of the opposite sex.

• Verbal: Sexually charged verbal comments, jokes or insults.

• Verbal: Sexually explicit remarks unwelcomed questions pertaining to your sex life or your sexual preferences.

• Non- verbal: Indecent exposure, offensive gestures and the presentation of sexually explicit images and props.

2.   Sexual favouritism based on positive responses to sexually explicit      advances.

• Discriminatory behaviour against those opposing sexual advancements.

• Favouritism and rewards administered to those who respond to sexual advances as opposed to those deserving of positive encouragement.

Steps to Follow when Faced with Sexual Harassment in the Workplace.

Now that you are equipped to identify sexual harassment in the workplace what do you do if it happens to you? As previously discussed, it is the company's responsibility to create a wholesome working environment for every employee. As with disciplinary policies and procedures, specific documentation detailing grievances including those of a sexual orientation should be set in place. As standard practice every company should have such regulations in place so as to empower and protect themselves and their employees.

Step 1: Victims must report the sexual offense

Reporting such an incidence is the first step that must be taken in order to remedy sexual harassment at work. While this is the most important step, it is often the most difficult one. Depending on who has been tasked with handling such cases, victims may be reluctant to report the act. If no one has been tasked with taking care of this responsibility, the plaintiff (the offended) may approach the Human Resources repetitive, immediate supervisors or their respective managers. Reporting sexual harassment or being subjected to such behaviour is a sensitive issue and needs to be managed appropriately.

Step 2: Internal investigation

Once a case of sexual harassment has been reported, the company will be required to investigate such claims and establish a motive and solution to any disputes. Depending on the severity of the speculated act, an unbiased member of the company will be selected to conduct interviews with both parties and establish the grounds on how to proceed.

Step 3: Sexual harassment conflict resolution

Dependant on the severity of the investigators findings:

• According to The Code of Good Practice, parties found guilty of sexual misconduct punishable by law

• Should the offence be of a less serious nature attributed to perhaps a misunderstanding which may be resolved, formal warnings may be administered.

• Victims of sexual assault and rape may proceed by pressing civil and or criminal charges against a plaintiff at a police station for further legal action.

• Should a victim of sexual harassment be unsatisfied with the companies investigation and disciplinary procedure they may report such cases to the CCMA (Commission for Conciliation, Mediation and Arbitration) within thirty days of the alleged offense.

• Thirty days after receiving a certificate from the Mediation and Arbitration) - This is an unbiased body promoting industrial/ labour co-operation and justice within the workplace.">CCMA commissioner the unresolved sexual harassment case may now be referred to the Labour Court.

It is important to remember that as with every conflict, there are always two sides to a story. While this is a diplomatic approach, sexual harassment of any nature is inexcusable. Identifying sexually offensive behaviour in the workplace and proceeding with the necessary action is both vitally important to both employees as well as the employer.

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