My Boss Is Asking for Sex to Keep My Job — Your Rights
Quid pro quo sexual harassment is a form of unfair discrimination under the Employment Equity Act. You can refer to the CCMA for free, lay criminal charges, and you are legally protected from retaliation.
FreeSouth African Law
This is quid pro quo sexual harassment.
It is illegal, it is not your fault, and you have multiple legal remedies available. You are protected from retaliation for reporting it.
Direct Answer
A supervisor or employer asking for sexual favours as a condition of employment or to avoid dismissal is quid pro quo sexual harassment — a form of unfair discrimination under the Employment Equity Act. Refer to the CCMA for free within 6 months. You may also lay criminal charges.
What the Law Says
Your Legal Foundation
Employment Equity Act 55 of 1998
Section 6(3)
“Harassment of an employee is a form of unfair discrimination.”
Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace
Para 4.1
“Quid pro quo harassment is when submission to unwanted sexual advances or conduct is made an express or implied condition of employment, or where submission is used as a basis for employment decisions.”
Labour Relations Act
Section 185(b)
“Every employee has the right not to be subjected to unfair labour practice, which includes victimisation for exercising rights under the LRA.”
Immediate Steps
What to Do Right Now
1Document everything immediately. Save messages, emails, or voice notes. Write a detailed account of what was said, when, where, and who else may have witnessed it.
2You are not required to comply — and you are not required to resign. Refusing the demand does not mean you can lawfully be dismissed.
3Report internally first — to HR or a senior manager above your harasser. If your company has a sexual harassment policy, follow it. This creates a formal record.
4Refer to the CCMA for sexual harassment / unfair discrimination within 6 months of the conduct. Complete form LRA 7.11. You do not need a lawyer for the CCMA hearing.
5Consider criminal charges — depending on the conduct, it may constitute criminal sexual assault, intimidation, or coercion. You can lay charges at any SAPS station.
6If you are victimised (demoted, dismissed, or treated unfairly) for refusing or reporting, this is an additional, separate unfair dismissal or unfair labour practice claim.
What to Say
Exact Words to Use
“"What you are asking constitutes quid pro quo sexual harassment under the Employment Equity Act. I am refusing, and I am reporting this conduct to HR in writing today. Any negative employment action against me will be treated as victimisation and referred to the CCMA."”
Tone: Firm, put in writing where possible
Common Questions
Frequently Asked Questions
What if I complied under pressure — have I forfeited my rights?
No. Compliance under coercion does not waive your rights. The law recognises that people comply under duress without consenting. What matters is whether the conduct was unwanted and whether employment consequences were linked to it. Refer to the CCMA and describe fully what happened, including the circumstances of compliance.
Will anyone believe me without witnesses?
Sexual harassment often occurs without witnesses. The CCMA and Labour Court accept your detailed account as evidence, particularly if supported by messages, behavioural patterns, corroborating circumstances, or the harasser's history. The legal standard is "on a balance of probabilities" — not proof beyond reasonable doubt.
Get Help Now
Resources & Helplines
CCMA
0861 16 2616
Refer sexual harassment / unfair discrimination. Free. Within 6 months.
GBV Command Centre
0800 428 428
Counselling and support. 24 hours, free.
SAPS
10111
To lay criminal charges for sexual assault or coercion.
The Advocate helps you practise the exact words to use in 149 real South African scenarios — grounded in constitutional law and Scripture. Free to start.