The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act

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Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Juta Law

Abstract

Introduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and suggest that, in the process, the opposite may have happened. And it will argue that much of this endeavour was unnecessary because, all the time, an answer was readily at hand. Since 1998 at least a peremptory signpost to that answer has been provided by section 3(d) of the Employment Equity Act of 1998 – hence the title above.

Description

Keywords

Unfair discrimination, Employment, Employment Equity Act

Citation

Du Toit, D. (2009). The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act. In O. Dupper & C. Garbers (eds). Equality in the Workplace: Reflections from South Africa and Beyond. Juta: Cape Town, pp 139-158