What can you do if you are being sexually harassed?

There are 3 primary options (all legally recognized) to dealing with sexual harassment:

1. Informal direct approach: confronting the harasser in this manner is often best when dealing with less severe cases of sexual harassment, especially if you want to avoid filing formal grievances. It gives you the opportunity to directly relate to the perpetrator why his or her behaviour was unacceptable and inappropriate and that it should stop. The following are good suggestions when using this approach:

• Keep records of the harassment: what happened, where and when it happened
• If there were witnesses to the harassment get details from them of what they saw or heard and try to illicit their support
• If possible keep records of any work performance appraisals in case an employer wants to use the excuse of poor work performance to terminate your employment.
• Approach the person directly. You can do this alone or with the support of someone you trust - tell them what happened and asked them to be with you when you confront the perpetrator. If they do not want to or are afraid for whatever reason at least you have someone to confide in so you don’t feel so alone.
• If you do not wish to confront the person face-to-face, or you have but the harassment has continued,
  write the perpetrator a letter (remember to keep a copy of the letter and proof of delivery should the need arise for further action!)
• When confronting or writing the person a letter, tell him or her specifically what the behaviour or comment was that
  made you feel uncomfortable and was not welcome. Be specific in terms of what it was, when it happened and where it happened. Tell them how it made you feel and how it is affecting you. Tell them that what you expect them to do e.g. stop the behaviour. It also helps to tell them what the consequences may be if they fail to take you seriously and to stop the behaviour.
• If you choose not to confront the person but you still do not want to file grievances, ask a superior that you trust for support, such as a Human Resources manager, union, stop steward, colleague, etc, to speak to the perpetrator on your behalf following the exact same procedures as if you would be confronting them yourself.

If the informal approach does not work or if the harassment is of a more serious nature and persistent you may use the following two methods:

2. Internal Formal Complaint: a formal complaint can be lodged against the perpetrator by using workplace internal disciplinary or grievance procedures. The exact means by which this happens very much depends on your organization or your company’s own procedures when dealing with grievances. It may also depend on whether your workplace has a sexual harassment policy. Generally though it follows this sequence:

• Inform a superior or someone in charge of grievance matters, such as a Human Resources officer, of the sexual harassment incident(s)
• An investigation will be conducted by means of a hearing or a disciplinary inquiry. Only those present at the inquiry will be aware of the case
• Both parties will have an opportunity to tell their side of the story
• Once the facts have been established and both parties have been heard, a decision is made on appropriate disciplinary measures should the harasser be found guilty
• If a decision cannot be reached or the parties are not satisfied with the outcome, then an external source outside the company can be contacted to take the case further.

3. External Formal Complaint: organizations such as REACH and the Women's Legal Centre may be contacted to assist with mediation in the workplace OR for advice, preperation and referrals to the Commission for Conciliation, Mediation and Arbitration (CCMA). This is done when:

• Internal procedures were followed but a decision could not be reached; or
• The parties are not satisfied with the outcome of the decision; or
• If the workplace does not have internal grievance procedures; or
• If the perpetrator is in fact a superior and the victim is not sure whether a hearing held within the workplace will be fairly conducted.

Should a case be referred to the CCMA, following an internal inquiry in which a decision was not satisfactorily reached, the following procedures must be followed:

• A letter should be sent to the CCMA within 30 days after the internal hearing stating the facts of the case, the procedure that was followed, and the reason why the assistance of CCMA is needed.
• The CCMA will first attempt to resolve the differences.
• If a satisfactory resolve is not reached, the CCMA will then refer the case for arbitration at the Labour Court or it can be taken to a civil court. In these two cases it is advised that both parties illicit the services of a lawyer. The labour court has the power to enforce compensation for the victim and/or issue interdicts against those harassing the victim.