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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace

7. Sexual Harassment Policies


7.1 Employers should, subject to any existing collective agreements and applicable statutory provisions in respect of sexual harassment, adopt a sexual harassment policy, which should take cognisance of and be guided by the provisions of this code.


7.2 The contents of sexual harassment policies should be communicated effectively to all employees.


7.3 The adoption of a sexual harassment policy and the communication of the contents of the policy to employees, should, amongst other factors, be taken into consideration in determining whether the employer has discharged its obligations in accordance with the provisions of section 60(2) of the Employment Equity Act (EEA).


7.4 Sexual harassment policies should substantially comply with the provisions of this code and include at least the following statements:


7.4.1 Sexual harassment is a form of unfair discrimination on the basis of sex and/or gender and/or sexual orientation which infringes the rights of the complainant and constitutes a barrier to equity in the workplace.


7.4.2 Sexual harassment in the workplace will not be permitted or condoned.


7.4.3 Complainants in sexual harassment matters have the right to follow the procedures in the policy and appropriate action must be taken by the employer.


7.4.4 It will be a disciplinary offence to victimize or retaliate against an employee who in good faith lodges a grievance of sexual harassment.


7.5 The procedures to be followed by a complainant of sexual harassment and by an employer when sexual harassment has occurred, should be outlined in the policy.