- The Business shall not engage in or support unfair discrimination, including race, gender, sex, pregnancy, marital status, ethnic or social origin, sexual orientation and LGBTQ+ communities, age, disability, religion, HIV status, conscience, beliefs, cultural practice, language and birth or any other arbitrary grounds in respect of employment practices and policies.
- The Business shall base all terms and conditions of employment on an individual’s ability to do the job and not on the basis of personal characteristics or beliefs.
- The Business shall not tolerate incidences of sexual and racial harassment, or bullying at the workplace (including the use of discriminatory gestures, language and physical contact).
- Businesses shall implement measures to promote and advance previously disadvantaged persons, in line with the provisions of the Employment Equity Act 55 of 1998 and the Skills Development Act
References
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)
International Reference
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- ILO 111, Discrimination (Employment and Occupation), 1958
- ILO Convention 100 – Equal Remuneration Convention, 1951