Unfair Discrimination

Unfair discrimination in South African law refers to treating someone differently and less favorably on the grounds of certain prohibited grounds, such as race, gender, sexual orientation, religion, pregnancy, HIV status, and disability. This type of discrimination is prohibited by the Constitution of South Africa and various other laws, including the Employment Equity Act, the Promotion of Equality and Prevention of Unfair Discrimination Act, and the Equality Act.

The Constitution of South Africa specifically prohibits discrimination on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.

The Employment Equity Act is intended to promote equal opportunity and fair treatment in the workplace, and prohibits unfair discrimination against employees on the grounds of race, gender, pregnancy, sexual orientation, age, disability, and HIV status.

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