Some forms of sexual harassment include:

It may not be necessary for an employer of a small workforce to implement the type of formal complaint process described above. If it puts into place an effective, informal mechanism to prevent and correct harassment, a small employer could still satisfy the first prong of the affirmative defense to a claim of harassment. As the Court recognized in Faragher, an employer of a small workforce might informally exercise sufficient care to prevent harassment.

2. EFFECTIVE DATE: Upon receipt.

Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)provides:

It shall be an unlawful employment practice for an employer --

None of the above factors are determinative as to credibility. For example, the fact that there are no eye-witnesses to the alleged harassment by no means necessarily defeats the complainant’s credibility, since harassment often occurs behind closed doors. Furthermore, the fact that the alleged harasser engaged in similar behavior in the past does not necessarily mean that he or she did so again.

3. EFFECTIVE DATE: Upon receipt.

Any person who contravenes such an order is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years. The Act provides recourse for victims of harassment and stalking in both domestic non-domestic relationships. It also broadens the categories of harassment to include bullying at schools and cyber-stalking.


Questions to Ask Parties and Witnesses

The following are examples of questions that may be appropriate to ask the parties and potential witnesses. Any actual investigation must be tailored to the particular facts.

Questions to Ask the Complainant:

In some circumstances, it may be difficult for management to reach a determination because of direct contradictions between the parties and a lack of documentary or eye-witness corroboration. In such cases, a credibility assessment may form the basis for a determination, based on factors such as those set forth above.

Questions to Ask the Alleged Harasser:

When detailed fact-finding is necessary, the investigator should interview the complainant, the alleged harasser, and third parties who could reasonably be expected to have relevant information. Information relating to the personal lives of the parties outside the workplace would be relevant only in unusual circumstances. When interviewing the parties and witnesses, the investigator should refrain from offering his or her opinion.

1) Preventive Action - The 'S Guidelinesencourage employers to:

The Act aims to provide a remedy in the form of a protection which would prohibit aperson from harassing another person. If the harasser breaches a protection order he or she commits an offence which is punishable with a fine or a period of imprisonment. It aims to address harassing behavior by means of a court order, in terms of which the harasser is prohibited from continuing with the act of harassment.

The above elements are explained in the following subsections.

What is harassment?
Harassment under the Act includes both direct and indirect conduct that either causes harm or that inspires the person complaining of harassment (“the complainant”) to reasonably believe that harm may be caused. Such conduct includes following, watching, pursuing or accosting of the complainant or someone in a close relationship with the complainant such as a spouse or family member.

Protection Against Retaliation

The Act was promoted because the existing civil law framework and criminal law framework do not provide adequate recourse to victims of harassment who are not in a domestic relationship (the Domestic Violence Act, 1998 (Act 116 of 1998),