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

Chapter II : Prohibition of Unfair Discrimination

6. Prohibition of unfair discrimination


(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, birth or on any other arbitrary ground.

[Subsection (1) amended by section 3(a) of Act No. 47 of 2013]


(2) It is not unfair discrimination to—
(a) take affirmative action measures consistent with the purpose of this Act; or
(b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.


(3) Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection (1).


(4) A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in subsection (1), is unfair discrimination.

[Subsection (4) inserted by section 3(b) of Act No. 47 of 2013]


(5) The Minister, after consultation with the Commission, may prescribe the criteria and prescribe the methodology for assessing work of equal value contemplated in subsection (4).

[Subsection (5) inserted by section 3(b) of Act No. 47 of 2013]