Abstract :
On 27 April 1994 South Africans adopted a new constitution, with founding values of
dignity, equality and freedom. Despite the new constitution, the majority of women
remain victims within the workplace. They still find themselves a minority within
senior management and are often subjected to sexual harassment. Women are either
denied work opportunities for refusing to give in to a perpetrator’s sexual advances or
they are forced to work in an unpleasant environment that severely infringes on their
dignity. There are five legal options available to victims of sexual harassment within
the South African workplace. These are claims against the employer for: vicarious
liability; automatically unfair dismissal; unfair labour practices; failing to create a
safe working environment; and violating the Employment Equity Act. This article
examines the strengths and weaknesses of these legal actions. It also makes further
suggestions aimed at curbing workplace sexual harassment within South Africa.
