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Basic Guide to Unfair Discrimination

by Zopedol — last modified 2008-09-12 10:48
Employers must remove unfair discrimination from their policies and practices. It is not unfair to discriminate when you apply affirmative action.

Application

The Employment Equity Act applies to all employers, workers and job applicants, but not members of the –
  • National Defence Force;
  • National Intelligence Agency; and
  • South African Secret Service.

The provisions for affirmative action apply to –

  • employers with 50 or more workers, or whose annual income is more than the amount specified in Schedule 4 of the Act;
  • municipalities;
  • organs of State;
  • employers ordered to comply by a bargaining council agreement;
  • any employers who volunteer to comply.

See

  • Employment Equity Act
    Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action

Policies and Practices

Employers must remove unfair discrimination from all their policies and practices.

Based on Legislation in Section 5, of the Employment Equity Act

Definitions

Nobody may discriminate against workers because of their –
  • race;
  • gender;
  • sex;
  • pregnancy;
  • marital status;
  • family responsibility;
  • ethnic or social origin;
  • colour;
  • sexual orientation;
  • age
  • disability;
  • religion;
  • HIV status;
  • conscience;
  • belief;
  • political opinion;
  • culture;
  • language; or
  • birth.

Based on Legislation in Section 6, of the Employment Equity Act

When is Discrimination Not Unfair?

It is not unfair discrimination to –
  • apply affirmative action; or
  • exclude or prefer people because of certain requirements of a job (e.g. to exclude blind workers from driving a bus).

Based on Legislation in Section 6, of the Employment Equity Act

Disputes

Workers must refer disputes about unfair discrimination to the CCMA in writing within 6 months.

Based on Legislation in Section 10, of the Employment Equity Act


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