If you have been unfairly discriminated against either directly or indirectly on the basis of one or more of the prohibited grounds, or feel that you are the victim of hate speech or harassment, contact the nearest Equality Court for assistance.
How do I file a discrimination claim?
You need to inform the person or organisation you want to take action against, why you want to take action. You do this by sending them a letter called a letter before claim. Your letter should explain what happened to you and why you think unlawful discrimination has taken place.
Is discrimination a crime in South Africa?
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment.
What does unfair discrimination mean?
Unfair discrimination is when you are treated differently as compared to other categories of people and that your dignity as a human being is impaired by such treatment.
How do you report discriminatory Behaviour?
There are three things you can do:
- Complain informally to your employer.
- Raise a grievance using your employer’s grievance procedures.
- Make a claim to the Employment Tribunal.
What are the 4 types of discrimination?
The four types of discrimination are direct discrimination, indirect discrimination, harassment and victimisation.
What are the 7 types of discrimination?
Types of Discrimination
- Age Discrimination.
- Disability Discrimination.
- Sexual Orientation.
- Status as a Parent.
- Religious Discrimination.
- National Origin.
- Sexual Harassment.
- Race, Color, and Sex.
What is discrimination in the workplace in South Africa?
Discrimination is to show favour, prejudice or bias for or againsta person on any arbitrary grounds, for example on the basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age disability, religion, HIV status, conscience, belief, political …
What is direct discrimination in South Africa?
He states that direct discrimination occurs when adverse action is taken against people precisely because they possess one of the characteristics listed in section 6 of the Employment Equity Act, or akin thereto; for example, when a woman is overlooked for promotion merely because she is a woman.
What is indirect discrimination South Africa?
Indirect discrimination (or disparate impact)1 in employment occurs. when an employer utilizes an employment practice that is facially. neutral but disproportionately affects members of disadvantaged. groups, and which cannot be adequately justified.
What is the difference between fair and unfair discrimination?
In other words, certain types of discrimination can in fact be fair, according to the act. … For example, where an employee is unnecessarily sidelined because he/she is disabled this could be unfair discrimination. If an employee is sexually harassed this is a form of unfair discrimination based on sex.
Who does unlawful discrimination apply?
Under the Equality Act 2010, it is unlawful to discriminate against someone because they are married or in a civil partnership. This protection does not extend to persons who are not married or in a civil partnership or are single.
What is an unfair treatment?
Unfair treatment happens up and down the chain of command. Examples of unfair treatment at work can include: Spreading rumours about an employee. Overlooking someone for a promotion for no good reason. Making offensive comments, emails, or social media posts to or about someone.
What is positive discrimination?
Positive discrimination is the process of increasing the number of employees from minority groups in a company or business, which are known to have been discriminated against in the past.
What can I do about discrimination at work?
You can file a complaint with OFCCP if you think you have been discriminated against in employment, or in applying for employment, because of your race, color, religion, sex, sexual orientation, gender identity, national origin, disability, status as a protected veteran, or for asking about, discussing, or disclosing …
How long do I have to bring a claim for discrimination?
In discrimination cases, claims must be lodged within three months (minus one day) of the act or acts of discrimination about which you are complaining. Where there has been continuing discrimination or a series of acts of discrimination, the date from which the time limit starts to run will differ.