LLexiSA

Labour Law

Workplace Discrimination and Harassment

The Employment Equity Act 55 of 1998 prohibits unfair discrimination on grounds including race, sex, gender, pregnancy, disability, religion, HIV status and age. Harassment — including sexual harassment — is a form of unfair discrimination under the 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.

Key facts

  • Discrimination disputes must be referred to the CCMA within 6 months.
  • Employers can be held liable for employee harassment if they fail to act after being informed (s 60 EEA).
  • Equal pay for equal work claims are brought under s 6(4) of the EEA.
  • Compensation for discrimination is not capped like ordinary dismissal compensation.

The law that applies

  • Employment Equity Act 55 of 1998 — ss 6, 10, 11, 60
  • Code of Good Practice on Harassment (2022) — GN 1890 of 18 March 2022

Leading cases

Harksen v Lane NO 1998 (1) SA 300 (CC)

Sets the staged test for unfair discrimination: differentiation, discrimination, unfairness.

Campbell Scientific Africa v Simmers [2015] ZALAC 40

Sexual harassment is the most egregious form of misconduct in the employment sphere.

Practical steps

  1. Report the conduct in writing to HR or management and keep a copy.
  2. Keep a detailed incident diary with dates, witnesses and evidence.
  3. Refer an unfair discrimination dispute to the CCMA within 6 months if unresolved.

Frequently asked questions

My employer ignored my sexual harassment complaint. What can I do?

Report it in writing. If the employer fails to take reasonable steps, section 60 of the EEA can make the employer jointly liable. You may refer a discrimination dispute to the CCMA within 6 months.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

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This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.