Bill of Rights in the South African Constitution Chapter 2 of the Employment

Bill of rights in the south african constitution

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Bill of Rights in the South African Constitution) Chapter 2 of the Employment Equity Act 55 of 1998 addresses the prohibition of unfair discrimination. Section 6 (1) states that “no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including 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”. In Section 6 (3) it is explained 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)”. The Employment Equity Act and General Notice 1357 of 2005 clearly places harassment in the context of discrimination and indeed defines sexual harassment as a form of unfair discrimination on the grounds of sex, gender and sexual orientation that ‘constitutes a barrier to equity in the workplace’. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 In a footnote to Notice 1367 of 1998 (attached to the LRA), it is stated that “for sexual and other forms of harassment that occur outside of the working environment, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, can be applied”. One of the primary objectives of this act is to “provide remedies for victims of unfair discrimination, hate speech and harassment and persons whose right to equality have been infringed” (Section 2 of the Act). In Section 1 of the Act, harassment is defined as “unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences, which is related T RIANGLE P ROJECT : S UBMISSION O N T HE P ROTECTION F ROM H ARASSMENT B ILL , 30 S EPTEMBER 2010 P AGE 6 of 13
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– (a) sex, gender or sexual orientation; or (b) a person’s membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such a group”. The Equality Court provides range of remedies for victims of harassment and discrimination, namely: an interdict; a declaratory order: an out of court settlement awarding the payment of damages an order restraining unfair discriminatory practices or directing that specific steps be taken to stop the unfair discrimination, hate speech or harassment; an order to make specific opportunities and privileges unfairly denied in the circumstances, available to the complainant in question; an order for the implementation of special measures to address the unfair discrimination, hate speech or harassment in question; an order that an unconditional apology be made; an order requiring an audit of the respondent’s policies or practices; suspending or revoking licenses held by the respondent; submitting the matter to the Director of Public Prosecutions for the institution of
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