Employment Discrimination Law WORKS!

With the advent of democracy in South Africa in the 1990s, the Constitution of the country set out to achieve equality, non-racialism and non-sexism (in line with international law). This book offers the reader a legal historical perspective on the South Africa that was and the manner in which the country combated unfair discrimination in the workplace - formal equality - and implemented affirmative action measures - substantive equality - since then until today. Relevant employment laws, the Employment Equity Act of 1998 and the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 and cases are discussed. Discrimination based on specified and unspecified grounds are investigated. For example, case law covering discrimination based on race, religion, trans-genderism, HIV-status, citizenship, lack of qualifications, temporary employment status, mental health and sex are looked into. Harassment in the workplace are investigated as well as equal pay for the same work or work of equal value. Components of affirmative action such as the concepts of "disadvantage" and "categorisation" are analysed. Possibilities for the future of affirmative are given.

Auteur

Marié has practiced as an attorney of the High Court of South Africa, specialising in labour law. Thereafter she joined the National Manpower Commission, an advisory body to the Minister of Manpower on labour policy issues. Marié is currently a professor of law with an LLD (Unisa) at the College of Law, Department of Mercantile Law, Unisa.