Enterprise responsibility for sexual harassment in the workplace: comparing Dutch and South African law

Abstract

Introduction: Sexual harassment in the workplace is generally deplored, destructive of working relationships and unlawful. Despite this it is widespread and possibly on the increase. In Spain, according to a 2006 survey, 7,9% of women workers had been harassed by managers and colleagues during the previous 12 months. In the Netherlands the number of employees who had suffered sexual harassment by fellow-employees in the previous 12 months doubled from 2,5% in 2000 to 5,3% in 2003. Why, despite all measures to discourage it, does it remain so disturbingly prevalent?