Help With Job Discrimination Cases

If you are the victim of job discrimination and thus subject to unfair labour practices and treatment in the workplace, you have the right to take legal steps to address the job discrimination practices followed by an employer.

Instances where job discrimination can take place range from aspects regarding race, gender, sex, colour, age, and disability to discrimination based on marital status, family responsibilities, pregnancy, and HIV status. Discrimination based upon political beliefs, culture, language, sexual orientation or ethnical origin is also against the regulations of the South African labour laws. You will have grounds for legal action whether the discrimination is direct or indirect.

Direct discrimination is easier to identify and an example can be where the employee receives a lower wage because of their colour, age, race or gender. Indirect discrimination is not that easy to identify and normally involves the application of practices that are not obvious, but have a negative effect on an individual or a specific group at the workplace. An example is that of sexual harassment or medical testing not directly related to the specific job. In the matter of indirect discrimination the consequences of actions and procedures must also be evaluated to determine the impact of such actions.

There are procedures in place to address job discrimination practices. If the employee feels unfairly treated, dismissed or discriminated against, the employee can lodge a formal complaint with the employer. The matter can be taken further to the CCMA within a period of six months after the incident. If the dispute cannot be solved by the CCMA, the issue can be referred for arbitration. A final step is to take the dispute to the Labour Court.

If you need assistance regarding job discrimination, contact us for legal advice, guidance and assistance today.