May 10, 2014 locked up in this section is the basic protection of all employees against unfair discrimination. This article considers which institution the legislature or the courts is best able to effect societal change or transformation, within the context of the application of the promotion of equality and prevention of unfair discrimination act 4 of 000, which was promulgated with the express purpose of achieving such societal change. Promotion of equality and prevention of unfair discrimination act 4 of 2000 1 march 2015 to date this is the current version and applies as from 1 march 2015, i. How to balance religious freedom and other human rights in the higher education sphere november 2017 doi. See in this regard section 95 of the republic of south africa constitution act, 108 of 1996 the constitution as well as section 11 of the employment equity act, 58 of 1998. It discusses to what extent the promotion of equality and prevention of unfair discrimination act 4 of 2000 will a. Referral of matter in terms of section 205 of the promotion of equality and prevention of unfair discrimination act, 2000 act no. Prohibition of unfair discrimination on ground of disability 9. Section 8d of the act outlaws any practice, including traditional, cus.
It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. To achieve this goal, the equality act prohibits unfair discrimination, hate speech and harassment on a number of prohibited grounds, including religion, conscience, belief and. Is there an onus to prove an impairment of dignity in. Promotion of equality and prevention of unfair discrimation act, 2000. Promotion of equality and prevention of unfair discrimination act 4 of 2000 pepuda defines discrimination as meaning. The promotion of equality and prevention of unfair discrimination act 4 of 2000 pepuda, as a transformative human rights and antidiscriminatory statute, is ideally suited to regulate the use of such speech and to provide a means grounded in law to overcome the harm caused thereby both to its victims and to the broader societal good, which.
The promotion of equality and prevention of unfair discrimination act 4 of 2000. The promotion of equality and prevention of unfair discrimination act 4 of 2000 intends. Jan 22, 20 1 this act is called the promotion of equality and prevention of unfair discrimination act, 2000, and comes into operation on a date fixed by the president by proclamation in the gazette. Hivaids status as a prohibited ground of unfair discrimination. She requested ms c botha da, the house chairperson to elaborate more on this process. An employer may rely upon such defence should the employer be challenged on the basis of reverse discrimination when the employer implements an affirmative action policy to advance and protect employees or groups or categories of employees who were disadvantaged by unfair discrimination in the past, in order to enable their full and equal. Application of act chapter 2 prevention, prohibition andelination of unfair discrination, hate speech and harassment prevention and general prohibition of unfair discrimination prohibition of unfair discrimination on ground of race. As an example of antidiscrimination legislation, the act is ambitious in scope. The user has requested enhancement of the downloaded file. It is the most comprehensive, searchable collection of fulltext african electronic journals available on one platform. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Unfair discrimination detroit confirms chapter 9 plan of adjustment. Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection 1.
It should be noted, however, that the promotion of equality and prevention of unfair discrimination act, also referred to as the equality act, does not apply to any person to whom the employment equity act applies, or to the. Douglas mintz and peter amend posted on november 24, 2014. Employment law update racial discrimination in the workplace. Please wait to view pdf version or click on download for other versions. It discusses to what extent the promotion of equality and prevention of unfair discrimination act 4 of 2000 will achieve its stated goals of facilitating socioeconomic transformation, facilitating the creation of a more caring society, and establishing accessible enforcement mechanisms. Promotion of equality and prevention of unfair discrimination act 2000. To achieve this goal, the equality act prohibits unfair discrimination, hate speech and harassment on a number of prohibited.
Promotion of equality and prevention of unfair discrimination amendment act, 2002. Ntai and others v south african breweries limited j4476. Promotion of equality and prevention of unfair discrimination. Your guide to labour law in south africa labour guide. The prohibition of unfair discrimination in the workplace. Steenkamp j was, however, satisfied that the employee could rely on other remedies under the common law and other legislation for relief.
What acts by an employer are defined as unfair discrimination. Subject to section 6, no person may unfairly discriminate against any person on the ground of disability, including. Section 6 of the employment equity act eea prohibits unfair discrimination against an employee on arbitrary grounds, including race, sex, disability, age and many others. Promotion of equality and prevention of unfair discrimination act, 2000 act no. Sabinet african journals reliable research that offers more than 500 african journals, including the african journal archive. Equality and prevention of unfair discrimination act, 2000 act no. The promotion of equality and prevention of unfair.
It outlaws unfair discrimination in almost every sphere of society1. Promotion of equality and prevention of unfair discrimination act no. Pdf the promotion of equality and prevention of unfair. Section 6 of the act protects an employee against unfair discrimination. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Discrimination is to show favour, prejudice or bias for or againsta person on any arbitrary grounds, for example on the basis of 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. Promotion of equality and prevention of unfair discrimination act 4 of 2000 pepuda defines discrimination as. Section 6 1 of the employment equity act 55 of 1998 as amended provides that no person may unfairly discriminate, directly or indirectly, against. The promotion of equality and prevention of unfair discrimination act, 2000 is a comprehensive south african antidiscrimination law. In other words, certain types of discrimination can in fact be fair, according to the act. Examples of this are race, gender, ethnic or social origin, colour, sexual orientation, age and disability, etc. The regulation of racially derogatory speech in the. Who is protected by this prohibition and against whom is the prohibition aimed. Jeffrey thamasanqa radebe, minister of justice and constitutional development, under section 161 of the promotion of equality and prevention of unfair discrimination act, 2000 act no.
Sabinet the promotion of equality and prevention of. All persons s 271, including the state s 24, have a duty as well as responsibility to promote equality, according to the promotion of equality and prevention of unfair discrimination act 4 of 2000 the act which was published in the government gazette no. The promotion of equality and prevention of unfair discrimination act, 2000 pepuda or the equality act, act no. Approximately 16 months after filing the largest chapter 9 bankruptcy in history, detroit received approval november 7 of its chapter 9 plan of adjustment. Prevention of unfair discrimination act 4 of 2000 2001 4. Impact of the promotion of equality and prevention of. The act specifically lists race, gender, sex, pregnancy, family responsibility. This article considers the limits of the law in addressing discrimination. The impact of discrimination in the workplace seesa. Employees have a legal recourse against unfair discrimination.
Impact of the promotion of equality and the prevention of unfair discrimination act 4, 2000 commission on gender equality submission summary the commission for gender equality addressed the committee on the areas of the act which cge believed needed to be addressed. For example, the employee could institute a delictual claim for damages or institute an unfair discrimination claim under the promotion of equality and prevention of unfair discrimination act 4 of 2000. Promotion of equality and prevention of unfair discrimination act 4. Promotion of equality and prevention of unfair discrimination act. There is no available html version of this document. The regulation of racially derogatory speech in the promotion. Aug 27, 2018 1 it is not unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination or the members of such groups or categories of persons. Discrimination at the workplace need not always be unfair. Section 6 of the employment equity act eea prohibits unfair discrimination against an employee on twenty arbitrary grounds, including. She said that parliament had scheduled weeklong hearings on the impact of the promotion of equality and prevention of unfair discrimination act no.
Locked up in this section is the basic protection of all employees against unfair discrimination. The promotion of equality and prevention of unfair discrimination act 4 of 2000 the equality act was inter alia promulgated to create a caring south african society. The promotion of equality and prevention of unfair discrimination act 4 of 2000 the equality act was. Subscribe to the distressed download monthly digest. Impact of the promotion of equality and prevention of unfair. The issues raised by section 6 of the act can be listed as follows. Subpoena to witnesses to appear before the equality court in terms of section. The ban on age discrimination is designed to ensure that the new law prohibits only harmful treatment that results in genuinely unfair. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Managers who get cars do so because of their senior status in. The promotion of equality and prevention of unfair discrimination. The act further provides that harassment of an employee is a form of unfair discrimination and is prohibited on any one or a combination of grounds of unfair discrimination listed in subsection 1.
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