Discrimination

The South African Constitution guarantees the right to equality and also gives protection to all from unfair discrimination. It goes further by acknowledging that affirmative action measures are necessary to advance disadvantaged groups. 

What is unfair discrimination?

According to the Basic Conditions of Employment Act (BCEA), no person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more grounds including:

• Race
• Gender
• Pregnancy
• Marital status
• Family responsibility
• Ethnic or social origin
• Colour
• Sexual orientation
• Age
• Disability
• Religion
• HIV status
• Conscience
• Belief
• Political opinion
• Culture
• Language
• Birth.

Is there fair discrimination?

Yes. The law sets out four grounds on which discrimination is generally allowed:

• Discrimination based on affirmative action 
• Discrimination based on the inherent requirement of a particular job
• Compulsory discrimination by law; and
• Discrimination based on productivity.

What can I do if I have been unfairly discriminated against?

If you feel that you have been unfairly discriminated against, or that an employer has 
contravened the laws, you can lodge a grievance with your employer.  if the mater is not 
satisfactorily resolved at the workplace, it can be referred to the CCMA within six months 
of the unfair discrimination taking place. If the CCMA is not able to resolve the dispute 
through conciliation, the matter can either be referred for arbitration (if both parties 
agree) or to the Labour Court for adjudication.

Read more

If you feel you have been discriminated against, find out how the CCMA can help you.

Find out all about official Minimum Wage set by the state in South Africa.