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)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/20105 |
| Date | 11 1900 |
| Creators | Pillay-Ramaya, Meeroshni |
| Contributors | Maloka, Tumo Charles |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (56 leaves) |
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