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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter II : Prohibition of Unfair Discrimination

11. Burden of proof

 

(1) If unfair discrimination is alleged on a ground listed in section 6(1), the employer against whom the allegation is made must prove, on a balance of probabilities, that such discrimination—
(a) did not take place as alleged; or
(b) is rational and not unfair, or is otherwise justifiable.

 

(2) If unfair discrimination is alleged on an arbitrary ground, the complainant must prove, on a balance of probabilities, that—
(a) the conduct complained of is not rational;
(b) the conduct complained of amounts to discrimination; and
(c) the discrimination is unfair.

 

[Section 11 amended by section 6 of Act No. 47 of 2013]