South Africa: Equal opportunities

Original and updating authors: Helen Wilsenach and Pascale Towers, Bowmans

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Summary

• All employers are obliged to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. (See General)
• It is not considered unfair discrimination for an employer to take affirmative action measures consistent with the relevant legislation. (See Exemptions)
• The harassment of an employee is regarded as a form of unfair discrimination and is prohibited on any of the statutory grounds, or a combination of these grounds. (See Harassment and sexual harassment)
• Employees must not suffer discrimination for exercising any right conferred by the employment equality legislation. (See Victimisation)
• Because of the inequalities created by apartheid, employment equality legislation requires affirmative action measures and other reporting obligations to redress the disadvantages in employment experienced by "designated groups". (See Obligations of designated employers)
• Where the Labour Court finds in favour of an employee in respect of an unfair discrimination claim, it may award compensation. (See Remedies and penalties)