Harassment or flirting: when office party lines blur

As office party season approaches, alcohol and relaxed social settings can make the line between flirting and sexual harassment hard to spot. Attorney Emile Myburgh spoke about legal and workplace options for people who feel they have been crossed.

Who to turn to and what remedies exist

The attorney said victims have options beyond reporting to human resources. Sexual harassment can have both criminal and civil consequences, and someone who is uncomfortable about approaching police directly could first speak to a lawyer, doctor or another trusted professional, he said. Civil remedies could include seeking a harassment order.

Awareness and reporting

The attorney suggested that greater awareness of what constitutes sexual harassment could be influencing a perceived increase in its frequency. He also said it was possible there were genuinely more instances.

What behaviour counts as harassment

The article lists examples of conduct that can amount to harassment: touching someone without consent, invading their personal space or forcing sexual contact. It notes that women are statistically more likely to be victims, although men can also be sexually harassed.

Consent, alcohol and workplace dynamics

Myburgh emphasised that consent is not permanent once given. He said alcohol complicates matters but is not an excuse for inappropriate behaviour:

“Neither for the perpetrator, nor for the victim. Taking advantage of someone whose judgment may be impaired by alcohol could place a person in dangerous legal territory,”

He also pointed to workplace factors that can increase the risk of harassment:

“It often is worse at work,”

he said, explaining that spending significant time with colleagues can lead to developing feelings and create opportunities for harassment.

Digital risks and professional boundaries

Digital communication can play a role in workplace harassment. The article notes that sending sexually explicit photographs to a colleague is taken seriously by employers. Even if an intimate image was originally shared consensually within a relationship or workplace romance, it could create problems later if the relationship sours.

On physical contact at work functions, Myburgh warned that context matters and urged respect for professional boundaries:

“Unless a colleague was genuinely a friend, think twice before hugging them at a work or office function,”

he said.

Key takeaways

• Victims have legal and workplace options, including civil remedies.
• Awareness of what constitutes harassment may be increasing reporting.
• Alcohol does not excuse inappropriate behaviour and can complicate consent.
• Digital sharing of explicit material can create serious workplace issues.