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In Durban, South Africa, sexual harassment is outlined under various pieces of legislation such as the Employment Equity Act No. 55 of 1998, the Constitution of South Africa, and the Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32 of 2007. These laws protect individuals from all forms of sexual harassment, including unwanted physical, verbal or non-verbal conduct which has a sexual nature.
Understanding your rights and possible legal recourses in facing possible sexual harassment can be complex. This is where a knowledgeable lawyer can help. They can guide you in recognizing sexual harassment, collecting necessary evidence, navigating through legal procedures, and in especially severe cases, taking matters to court. If you've been accused of sexual harassment, you may also need legal representation to defend your rights and help you understand the right way to respond.
The key aspects of local laws relevant to sexual harassment in Durban, South Africa include the aforementioned Employment Equity Act, which includes guidelines on how employers should handle harassment at work, and the Sexual Offences Act, which criminalizes various types of sexual offenses including sexual harassment. The South African Constitution also provides a basis for understanding harassment as it upholds every individual's right to equality, dignity, and freedom from violence and discrimination.
Sexual harassment includes any unwelcome sexual behavior, including jokes, comments, gestures, displaying sexually explicit imagery, or physical contact of a sexual nature.
Evidence could include physical evidence, witness testimonies, diary entries, emails, text messages or any other proof of inappropriate behavior.
You should immediately report the incident to your supervisor or HR department if it occurs at work. If you feel comfortable, confront the person responsible. Document each incident in detail and consult with a legal professional.
No, it is against the law to dismiss an employee for reporting sexual harassment. This is considered victimization and is punishable by law.
Yes, if your case is severe and well-documented, you may be able to pursue a civil lawsuit against your harasser or employer.
Apart from legal advice, other resources like the South African Human Rights Commission, NGOs such as People Opposing Women Abuse (POWA) and TEARS Foundation provide help and support for those experiencing sexual harassment.
If you believe you've been a victim of sexual harassment, it is important to take immediate action. Report the incident to the relevant authorities at your workplace or school. Document each incident in detail. Reach out to a legal professional, such as a lawyer, who will guide you through your rights and options. You are not alone and there are many resources to assist you.
