Hearing both sides

Getting sexual harassment procedures right in the workplace requires a multi-faceted approach Sexual harassment in the South African workplace is more prevalent than many might care to admit, but false accusations are muddying the waters for those with legitimate claims.

- Nicol Myburgh

False accusations around sexual harassment are malicious and usually motivated by a desire for attention or material gain. The negative impact of false allegations on the accused’s life are monumental, to say the least. Not only are their careers ruined and family relationships damaged, but they also suffer extreme mental trauma.

In 2017, actor Kevin Spacey faced allegations of sexual misconduct. This resulted in a snowball effect that saw his role in a popular TV series canceled and other work opportunities all but disappear for him. Around two years later, the original accuser dropped the civil action filed against the actor and the case was dismissed. Despite Spacey’s exoneration, the impact on his life has been profound.

Falsely claiming sexual harassment is a criminal offense and the consequences of such actions should be the same as for any other charge of dishonesty in a company. The accuser should be prosecuted to the full extent of the law and be dismissed from their place of employment.

Understand the definition

Despite the potential for false accusations, sexual harassment remains a real problem that must be addressed. A report released by the Commission for Conciliation, Mediation, and Arbitration (CCMA) reveals that, of the sexual discrimination referrals that came before the commission between 2015 and 2018, almost 77% of complainants were female. Additionally, 30% of women and 18% of men reported unwanted sexual advances in the workplace. A staggering 92% of sexual discrimination referrals are either settled at conciliation or are not pursued to arbitration.