Non-Discrimination
The Employment Code Act of 2019 prohibits an employer from direct or indirect discrimination against a current or prospective employee on grounds of colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds. The 2019 law prohibits direct or indirect discrimination on above grounds in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment.
However, it is not considered discrimination to take “affirmative action” measures consistent with the promotion of equality or the elimination of discrimination in an enterprise; distinguish, exclude or prefer any person on the basis of an inherent requirement of a job; restrict employment to citizens or restrict access to limited categories of employment where it is necessary in the interest of state security.
The Constitution prohibits discrimination on any grounds, including birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, pregnancy, health, marital status, ethnic, tribal, social or economic status.
The Constitution of 2016 also talks about the establishment of the Gender Equality Commission to promote the attainment and mainstreaming of gender equality.
Other than the above referred discriminatory grounds, the Employment Code Act of 2019 considers dismissals on the following grounds: union membership or participation in union activities outside working hours or during working hours (with employer’s consent); employee’s representative; for filing of a complaint or the participation in proceedings against an employer; family responsibilities relating to taking care of a member of an employee’s immediate family; absence from work during maternity or paternity leave; or temporary absence from work during sick leave or injury.
The Employment (Amendment) Act 2015 considers dismissals on the following grounds as unfair: race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee.
In accordance with the Gender Equity and Equality Act, discrimination in employment on the basis of gender should be eliminated.
The Persons with Disabilities Act 2012 requires that no such person may be discriminated against on the basis of disability with regard to all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, the creation, classification and abolition of positions, the determination of wages, pension or other benefits, apprenticeship, promotion, career advancement and safe and healthy working conditions. The Act further allows fixation of employment quota for persons with disabilities in the public and private sectors.
Source: §31 of the Gender Equity and Equality Act No. 22 of 2015; §35-39 of the Persons with Disabilities Act 2012; §5 and 52(4) of the Employment Code Act of 2019
