Legal Q&A

Workplace Discrimination in South Africa: Your Rights

The Employment Equity Act prohibits unfair discrimination on 17 grounds including race, gender, and disability. Here is how to identify discrimination and what you can do about it.

Free South African Law

Direct Answer

Unfair discrimination at work — based on race, gender, disability, HIV status, sexual orientation, or any of the other 17 listed grounds in the Employment Equity Act — is illegal. You can refer the matter to the CCMA at no cost. The employer must prove the discrimination was fair.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998

Section 6(1)

“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.”

Employment Equity Act 55 of 1998

Section 11

“Whenever unfair discrimination is alleged, the employer against whom the allegation is made must establish that the discrimination did not take place as alleged, or that the conduct is not unfair.”

Labour Relations Act 66 of 1995

Section 186(2)(b)

“Unfair labour practice means any unfair act or omission that arises between an employer and employee involving unfair discrimination.”

What to Do

Step-by-Step Guide

1Document the discrimination thoroughly — dates, what was said or done, who witnessed it, any written evidence such as emails or messages.
2Use your employer's internal grievance process first — file a formal written grievance describing the discriminatory conduct. This creates a paper trail and gives your employer an opportunity to remedy the situation.
3If unresolved, refer to the CCMA within 6 months of the act of discrimination. For equal pay discrimination: 6 months from when you became aware of the difference. Complete form LRA 7.11.
4At the CCMA hearing, the employer bears the burden of proving the treatment was not discriminatory or was justified. You present your evidence; they must rebut it.
5If the CCMA arbitration award is not satisfactory, or if the case involves systemic discrimination, it can be referred to the Labour Court.

What to Say

Exact Words to Use

“"This treatment constitutes unfair discrimination under Section 6 of the Employment Equity Act. I am submitting a formal grievance in writing and will refer the matter to the CCMA if it is not resolved within 30 days."”

Tone: Formal, in writing

Common Questions

Frequently Asked Questions

What is the difference between direct and indirect discrimination?

Direct discrimination is treating someone less favourably because of a listed characteristic (e.g., paying women less than men for the same work). Indirect discrimination is a policy that looks neutral but disproportionately disadvantages a protected group (e.g., a height requirement that excludes women disproportionately without a legitimate work-related justification).

Can I be paid less than a colleague who does the same work?

Not if the pay difference is based on a listed ground. Section 6(4) of the Employment Equity Act specifically prohibits pay discrimination for work of "equal value" when the difference is based on a listed ground. If you earn less than a colleague who does substantively similar work and the difference is based on race, gender, or another listed ground, this is actionable.

What about HIV-based discrimination at work?

HIV status is a listed ground under the EEA. An employer may not refuse to hire you, dismiss you, or treat you less favourably because of your HIV status. HIV testing as a condition of employment is prohibited unless authorised by the Labour Court in exceptional circumstances.

Get Help Now

Resources & Helplines

CCMA

0861 16 2616

Refer discrimination disputes. Free. Form LRA 7.11.
Commission for Employment Equity

Via Department of Labour

Handles EEA compliance and reports of systemic workplace discrimination.
SAHRC

011 877 3600

Handles human rights complaints including workplace equality.

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