Legal Q&A

Disability Rights in South Africa

People with disabilities are protected against unfair discrimination in employment, education, and access to services. The Employment Equity Act and the Constitution give specific protections.

Free South African Law

Direct Answer

The Constitution prohibits unfair discrimination on the ground of disability. The Employment Equity Act places an additional affirmative duty on employers to promote representation and ensure reasonable accommodation for people with disabilities. You cannot be dismissed, refused employment, or excluded from services solely because of a disability.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998

Section 6

“No person may unfairly discriminate against an employee or job applicant on the ground of disability.”

Employment Equity Act 55 of 1998

Section 15

“Designated employers must implement affirmative action measures for people from designated groups, which includes people with disabilities.”

Constitution of South Africa

Section 9(3)

“The state may not unfairly discriminate against anyone on grounds including disability.”

What to Do

Step-by-Step Guide

1If discriminated against in employment, refer a dispute to the CCMA (discrimination disputes) or the Equality Court. Both are free.
2Reasonable accommodation means your employer must adjust working conditions, equipment, or processes to enable you to perform your job — at no cost to you — unless it causes unjustifiable hardship.
3If dismissed because of disability, the dismissal is automatically unfair if the employer did not first consider reasonable accommodation. Refer to the CCMA within 30 days.
4For access and services discrimination (e.g., refused access to a public building), refer to the Equality Court at the Magistrate's Court — free, no lawyer needed.

What to Say

Exact Words to Use

“"Refusing to accommodate my disability without demonstrating unjustifiable hardship is unfair discrimination under Section 6 of the Employment Equity Act and Section 9 of the Constitution. I require a written explanation within 5 days."”

Tone: In writing to employer or HR

Common Questions

Frequently Asked Questions

Must I disclose my disability to my employer?

You are not legally required to disclose a disability. However, to claim reasonable accommodation, you will generally need to disclose the nature of your limitations (though not necessarily the diagnosis). Your medical information is protected under POPIA and may only be used for the purpose for which you disclosed it.

Get Help Now

Resources & Helplines

CCMA

0861 16 2616

Disability discrimination in employment disputes.
SAHRC

011 877 3600

Disability rights complaints.
Disabled People South Africa

021 422 0357

Disability rights advocacy and referrals.

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