Current Version
| Region | South Africa |
| Issue | LGBT employment discrimination |
| Status | Sexual orientation and gender identity |
| Start Date | 1996 |
| End Date | (none) |
| Description | Section 9(3) of the South African Constitution prohibits unfair discrimination on the grounds of sex, gender and sexual orientation. In addition, the Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. |
| Sources | https://constitutionallyspeaking.co.za/christine-give-them-hell/ |
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Revision History (3)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
| Description | Section 187(1)(f) of the Labour Relations Act (1995) establishes that a dismissal is “automatically unfair” when it is based on the employee’s "sexual orientation". Moreover, Section 6(1) of the Employment Equity Act (1998) prohibits direct and indirect discrimination of an employee on the basis of "sexual orientation". Additionally, Section 1(xxii)(a) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Act No. 4) (2000) includes "sexual orientation" as one of the prohibited grounds of discrimination. Section 6 of the Act establishes a “general prohibition of unfair discrimination”, according to which “neither the State nor any person may unfairly discriminate against any person”. Moreover, Section 29 includes employment among the areas covered by this Act. In March 2022 a new Code of Good Practice on the Prevention and Elimination on Harassment in the workplace (2022) was published in the State Gazette which expands upon and clarifies the definitions of harassment and explicitly bans harassment on the basis of "sexual orientation" and bullying in the form of "LGBTQIA+ phobic language". Gender identity is not explicity mentioned. | Section 9(3) of the South African Constitution prohibits unfair discrimination on the grounds of sex, gender and sexual orientation. In addition, the Constitutional Court has stated that the section must also be interpreted as prohibiting discrimination against transgender people. |
Show Difference | ||
| Sources | https://database.ilga.org/south-africa-lgbti http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf http://www.info.gov.za/view/DownloadFileAction?id=70985 www.info.gov.za/view/DownloadFileAction?id=70714 www.info.gov.za/view/DownloadFileAction?id=68207 | https://constitutionallyspeaking.co.za/christine-give-them-hell/ |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
| Description | prohibition can be found in the Constitution (since 1994) and also in the Labour Relations Act of 1995, in force 11 November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www. info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207) | Section 187(1)(f) of the Labour Relations Act (1995) establishes that a dismissal is “automatically unfair” when it is based on the employee’s "sexual orientation". Moreover, Section 6(1) of the Employment Equity Act (1998) prohibits direct and indirect discrimination of an employee on the basis of "sexual orientation". Additionally, Section 1(xxii)(a) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Act No. 4) (2000) includes "sexual orientation" as one of the prohibited grounds of discrimination. Section 6 of the Act establishes a “general prohibition of unfair discrimination”, according to which “neither the State nor any person may unfairly discriminate against any person”. Moreover, Section 29 includes employment among the areas covered by this Act. In March 2022 a new Code of Good Practice on the Prevention and Elimination on Harassment in the workplace (2022) was published in the State Gazette which expands upon and clarifies the definitions of harassment and explicitly bans harassment on the basis of "sexual orientation" and bullying in the form of "LGBTQIA+ phobic language". Gender identity is not explicity mentioned. |
Show Difference | ||
| Sources | http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf | https://database.ilga.org/south-africa-lgbti http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf http://www.info.gov.za/view/DownloadFileAction?id=70985 www.info.gov.za/view/DownloadFileAction?id=70714 www.info.gov.za/view/DownloadFileAction?id=68207 |
Show Difference | ||
created by murrayhawthorne
Helpful?
0 | Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | 1996 |
| End Date | (none) |
| Description | prohibition can be found in the Constitution (since 1994) and also in the Labour Relations Act of 1995, in force 11 November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www. info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207) |
| Sources | http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf |