Non-Discrimination
Botswana prohibits workplace discrimination based on factors like race, gender, disability, or health status, including HIV/AIDS. Employers cannot terminate contracts or deny benefits based on these protected characteristics.
Discrimination has been defined to include but not limited to discrimination based on race, tribe, place of origin, national extraction, social origin, marital status, political opinions, sex, colour or creed.
An employment contract cannot be terminated on the grounds of employee’s race, tribe, place of origin, social origin, marital status, gender, sexual orientation, colour, creed, health status or disability.
Under the Code of Conduct, no employee or employer can discriminate against any employee in any employment policy or practice. Furthermore, employees with HIV/AIDS are not to be discriminated against the allocation of employee benefits or be dismissed based on their HIV/AIDS status.
Source: § 23 of the Employment Act, 1982 (Cap. 47:01) and Rule 3 of the Code of Good Practice: Employment Discrimination and Rule 8 & 9 of the Code of Good Practice: HIV/AIDS and Employment
Equal Choice of Profession
No discriminatory provisions could be located under the Constitution of Botswana or Employment Act. It is the employer’s responsibility to ensure equal opportunity in the workplace. The employer must adopt, communicate, implement, monitor and review policies to eliminate discrimination and the following guidelines on specific issues.
No restrictive provisions concerning employment of women during night hours, and in jobs deemed dangerous, hazardous, arduous or morally inappropriate with the aim to limit equal choice of profession could be located.
Source: Rule 6 of the Code of Good Practice: Employment Discrimination
