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.

The Employment Equity Act applies to all employers, workers and job applicants, but not members of the –

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.

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

Nobody may discriminate against workers because of their –

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

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

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