1. No Employer shall engage in or support unfair discrimination on arbitrary grounds, including (but not limited to) race, sex, marital status, sexual orientation, caste, social background, diseases, disability, pregnancy, ethnic or national origin, nationality, membership in union organisations, political affiliation gender or any other personal characteristics or belief, in respect of their employment practices and policies. Employment practices and policies include, but are not limited to recruitment, remuneration, access to training, promotion, benefits of employment (including housing and pay benefits), discipline, termination, retirement, recruitment, hiring, working conditions, job assignments.
2. Employers shall base all terms and conditions of employment on an individual’s ability to do the job, not on the basis of personal characteristics or beliefs.
3. Employers shall not tolerate incidences of sexual or racial harassment or bullying at the workplace; including gestures or language and physical contact that is racially or sexually coercive, threatening, abusive or exploitative.
4. Employers shall implement measures to promote and advance those disadvantaged by historical discriminatory practices, in line with the provisions of the Employment Equity Act 55 of 1998 and the Skills Development Act
South African Legislation
Constitution of the RSA, 1996:
- Section 9 everyone is equal before the law. Legislative measures may be taken to achieve equality.
Employment Equity Act (Act 55 of 1998):
- The employer must take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice (section 5). Unfair discrimination includes
direct or indirect discrimination based on 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 and birth (section 6).
- Note that it is not unfair to take affirmative action measures and exclude or prefer a person based on an inherent requirement of a job (section 6).
Skills Development Levies Act (9 of 1999)
- ILO 111, Discrimination (Employment and Occupation), 1958