South Africa
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national law prohibiting employment discrimination and harassment on the basis of a protected characteristic is the Employment Equity Act 1998.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in South Africa.
- 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
- Birth
- Any other arbitrary ground
Bullying not related to any enumerated protected characteristic may fall within the characteristic defined as “any other arbitrary ground.”
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment is unwanted conduct, related to a protected characteristic, which impairs dignity and:
- creates a hostile or intimidating work environment for one or more employees, or
- is calculated to, or has the effect of, inducing submission by actual or threatened adverse consequences.
Sexual Harassment
Sexual harassment is unwanted conduct of a sexual nature, related to sex, gender or sexual orientation, which impairs dignity and:
- creates a hostile or intimidating work environment for one or more employees, or
- is calculated to, or has the effect of, inducing submission by actual or threatened adverse consequences.
Filing a Claim in South Africa
A claim for employment discrimination or harassment may be filed with the Commission for Conciliation, Mediation and Arbitration (CCMA).
If conciliation is unsuccessful, the dispute may be referred to arbitration before the CCMA or the employee may file a complaint in the Labour Court.
Potential Remedies
In South Africa, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.