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

4. Test for Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace, taking into account all of the following factors:

4.1	whether the harassment is on the prohibited grounds of sex and/or gender and/or sexual orientation;

4.2	whether the sexual conduct was unwelcome;

4.3	the nature and extent of the sexual conduct; and

4.4	the impact of the sexual conduct on the employee.