Abstract

Harassment in South African workplaces, and worldwide, is commonly come across. This article will examine the role of context in establishing (racial) harassment in a particular case. This has not been done so thoroughly in any previous cases. South African anti-discrimination laws, as in other jurisprudences, prohibit unfair discrimination against employees on various grounds relating to human characteristics or so-called “prohibited grounds” such as race, sex, age, religion, culture and political opinion. In South Africa, harassment is viewed as a form of unfair discrimination. This article emphasises context as an important indicator of harassing conduct based on race, and by implication, for harassment and unfair discrimination on other grounds as well. It has importance for South Africa and other countries.

 

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