This work deals with sex discrimination in employment. It traces the origins of discrimination and considers the meaning of equality and the role which the law can play in attaining equality in the work place. International and regional norms, as well as the British and American legal systems, are analysed. The position in South Africa is then considered against that background, and reforms are proposed. These include the formulation of comprehensive anti-discrimination legislation which draws upon the American and British systems, but is adapted to suit local needs. The establishment of an independent administrative body to monitor the legislation, as well as a specialised judicial body through which the legislation is to be enforced, is also proposed. / School of Law / Thesis (LL.D.)--University of South Africa, 1992.

This work deals with sex discrimination in employment. It traces the origins of discrimination and considers the meaning of equality and the role which the law can play in attaining equality in the work place. International and regional norms, as well as the British and American legal systems, are analysed. The position in South Africa is then considered against that background, and reforms are proposed. These include the formulation of comprehensive anti-discrimination legislation which draws upon the American and British systems, but is adapted to suit local needs. The establishment of an independent administrative body to monitor the legislation, as well as a specialised judicial body through which the legislation is to be enforced, is also proposed. / School of Law / Thesis (LL.D.)--University of South Africa, 1992.

Despite the extensive research conducted on sexual harassment, very little work has focused on the legal and psychological constructions of women's resistance to sexual harassment. In exploring the legal and psychological constructions of women's resistance to sexual harassment, we are confronted with salient issues pertaining to the determination of the welcomeness requirement which call for a reflection. A key characteristic of sexual harassment is that it is unwanted by the recipient. It is for each person to decide what behaviour is acceptable to them and what they regard as offensive. Thus, although there is general agreement about what can constitute sexual harassment, the experience of sexual harassment is subjective in nature and the precise quantification of workplace sexual harassment is problematic. The present study aims to: (a) identify the reasoning/history behind the "unwelcomeness/unwanted" requirement, (b) assess the reasonableness of· the requirement of "unwelcomeness/unwanted" conduct, taking into account the various pieces of legislation and case law, (c) determine how the courts have interpreted this requirement and what factors are looked at, (d) determine whether the test is subjective or objective, (e) identify the struggle and debilitating effects sexual harassment has on women in the workplace. The results of this study will assist in gaining knowledge and understanding of the concept of "unwelcomeness/unwanted" conduct in sexual harassment cases and the effects it has on the victim which will go a long way in assisting management in any business to effectively implement strategies and disciplines to manage the problem of sexual harassment in the workplace. / Private Law / LLM (Labour Law)

Despite the extensive research conducted on sexual harassment, very little work has focused on the legal and psychological constructions of women's resistance to sexual harassment. In exploring the legal and psychological constructions of women's resistance to sexual harassment, we are confronted with salient issues pertaining to the determination of the welcomeness requirement which call for a reflection. A key characteristic of sexual harassment is that it is unwanted by the recipient. It is for each person to decide what behaviour is acceptable to them and what they regard as offensive. Thus, although there is general agreement about what can constitute sexual harassment, the experience of sexual harassment is subjective in nature and the precise quantification of workplace sexual harassment is problematic. The present study aims to: (a) identify the reasoning/history behind the "unwelcomeness/unwanted" requirement, (b) assess the reasonableness of· the requirement of "unwelcomeness/unwanted" conduct, taking into account the various pieces of legislation and case law, (c) determine how the courts have interpreted this requirement and what factors are looked at, (d) determine whether the test is subjective or objective, (e) identify the struggle and debilitating effects sexual harassment has on women in the workplace. The results of this study will assist in gaining knowledge and understanding of the concept of "unwelcomeness/unwanted" conduct in sexual harassment cases and the effects it has on the victim which will go a long way in assisting management in any business to effectively implement strategies and disciplines to manage the problem of sexual harassment in the workplace. / Private Law / LLM (Labour Law)