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Job Discrimination law encompasses situations where a person is treated less favourably at the workplace due to their personal characteristics or status, such as their race, gender, age, disability, religion or sexual orientation. In Kimberley, South Africa, employers are legally bound to treat all employees equally, irrespective of these distinguishing factors, under the country's sitting constitution and Employment Equity Act.
There are several instances when you may require the help of a legal expert. For example, if you believe you've been unfairly dismissed, treated differently due to your race, religion, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, conscience, belief, political opinion, culture, language, you may need to seek legal advice. A lawyer specialized in employment law can help you understand your rights, guide you through the legal process and represent you in court if necessary.
In South Africa, Job Discrimination is covered under the Employment Equity Act 1998, which aligns with Section 9 of the South African Constitution. This act prohibits unfair discrimination by employers in any employment policy or practice, offers protection to employees and job applicants, and provides for matters connected with it. The act also provides for 'affirmative action' measures to redress imbalances in employment opportunities from past discriminatory laws and practices. It's essential to seek professional advice to fully explore your rights under this legislation.
First, you should document any instances of discrimination, gathering any available evidence. Then, you should report the matter to your superior. If the matter is not resolved, or if the discrimination continues, you may want to consider seeking legal advice.
Legislation in South Africa protects employees from reprisals for making a valid complaint about discrimination. Therefore, you can't legally be fired for making a discrimination complaint. If you find yourself in such a situation, you should seek legal help immediately.
The law covers all forms of work-related discrimination including but not limited to race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language and birth.
Proving discrimination may involve presenting evidence that demonstrates similar employees were treated differently, or by showing statistical evidence that indicates bias. A lawyer can help you gather and present the necessary evidence.
Anti-discrimination laws are enforced by the South African courts, and also the Commission for Conciliation, Mediation and Arbitration (CCMA), a dispute resolution body.
For job discrimination issues, Department of Labour and Commission for Conciliation, Mediation and Arbitration (CCMA) are key governmental bodies that can provide help. You can also reach out to NGOs such as the Legal Resources Centre and Section27 for advocacy and legal assistance on such matters.
If you believe you have been a victim of job discrimination, your first step should be to document any relevant incidences. Then consider contacting a lawyer who specializes in employment law. They can guide you through the necessary procedures for filing a complaint to your HR department, or if necessary, a claim through CCMA or the appropriate courts.
