Due to South Africa’s apartheid history, Darcy du Toit asserts that “no aspect of South African law is more vital than the prevention of unfair discrimination, particularly within the workplace”.
The eradication of “unfair discrimination” from workplace practices was fundamental in crafting the new employment framework outlined by the Constitution and the Labour Relations Act, a framework now upheld by the Employment Equity Act.
Although race and gender have traditionally been the primary grounds for unfair discrimination claims, the courts are empowered to adjudicate on all types of discrimination prohibited by legislation.