Non-Discrimination
In accordance with article 09 of the South African Constitution, all persons are equal before law and they may not be discriminated on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. The law also prohibits anti-union discrimination by employers.
The Employment Equity Act also prohibits direct or indirect discrimination against an worker in any employment policy or practice on any of the following grounds: Race, gender, sex, pregnancy, marital status, family responsibilities, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth or on any other arbitrary ground.. However it is not unfair discrimination to take affirmative action (to support a neglected group)or distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. Medical testing to determine a worker’s HIV status is prohibited.
Source: §9 of the South African Constitution, 1996; § 6-7 of the Employment Equity Act 1998, last amended in 2013
Non-Standard Workers' Rights on Equal Treatment - Platform workers
In accordance with article 09 of the South African Constitution, all persons are equal before law and they may not be discriminated on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. The law also prohibits anti-union discrimination by employers. The Employment Equity Act also prohibits direct or indirect discrimination against an worker in any employment policy or practice on any of the following grounds: Race, gender, sex, pregnancy, marital status, family responsibilities, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth or on any other arbitrary ground.
In line with article 23(1) of the Constitution of South Africa, everyone has the right to fair labour practices. The self employed or independent contractors do not enjoy protection against unfair discrimination under the Employment Equity Act as the legislation only applies to employees or applicants for employment. However, self employed are equally protected under the Promotion of Equality and Prevention of Unfair Discrimination Act 2000. The legislation also prohibits discrimination on the following grounds:
race, gender, sex, pregnancy, marital status. ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience. belief, culture. language and birth; or (b) any other ground where discrimination based on that other ground that causes or perpetuates systemic disadvantage or undermines human dignity or adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground, as explained above.