Gender discrimination in the South African workplace: a critical analysis

Abstract

The South African Constitution guarantees the right to equality and protects everyone from unfair discrimination. In terms of right to equality contained in section 9 of the Constitution of South Africa, no person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3).1 Section 9(4) of the Constitution further directs that “national legislation must be enacted to prevent or prohibit unfair discrimination”.2 The Employment Equity Act 55 of 1998, as amended was promulgated to give effect to section 9 of the Constitution. Research shows that females are still subjected to gender discrimination. This study contains a discussion on the laws governing gender discrimination in South Africa. Reference is made to the relevant constitutional provisions and the statutory provisions that aim to protect employees from gender discrimination. A comparison is made between the laws governing gender discrimination in South Africa, Canada and Germany to determine whether there are any lessons that South Africa can learn from Germany and Canada. The purpose of the study is to determine the extent to which the South African legislative framework protects female employees against gender discrimination and to determine whether the provisions governing gender discrimination in South Africa should be amended and/or supplemented. This is done by examining case law, the provisions contained in statutes and the contents of journal articles.