Summary Lesson 3 - The Employment Equity Act LLW2601
12 views 0 purchase
Course
LLW2601 - Individual Labour Law (LLW2601)
Institution
University Of South Africa (Unisa)
Book
Labour Law Rules! Third Edition
This is a comprehensive summary of Lesson 3 in LLW2601. It
includes the demarcated information included in the prescribed
textbook as well as the study guide. If you choose not to buy the
textbook, this summary fills in all the parts you would otherwise miss.
These notes are very useful in stud...
Lesson 5 - Termination of the contract of employment LLW2601
Lesson 4 - Unfair Labour Practices LLW2601
All for this textbook (18)
Written for
University of South Africa (Unisa)
LLW2601 - Individual Labour Law (LLW2601)
All documents for this subject (79)
Seller
Follow
mabelmullermabelina
Content preview
Lesson 3 - The Employment
Equity Act
Class Individual Labour Law IOP2601
Reviewed
This is a comprehensive summary of Lesson 3 in LLW2601. It
includes the demarcated information included in the prescribed
textbook as well as the study guide. If you choose not to buy the
Comments textbook, this summary fills in all the parts you would otherwise miss.
These notes are very useful in studying for assignments and using
as core study material.
M McGregor & AH Dekker (eds) LABOUR LAW Rules! 4th ed
Sources (2021), Siber Ink
The Constitution provides for the prohibition of unfair discrimination on a number of
(inexhaustive) grounds and authorizes affirmative action. It thus embraces the
notions of both:
formal equality which prohibits unfair discrimination, and
substantive equality which requires affirmative action.
Formal and substantive equality
Formal Equality - protects individuals against unfair discrimination and is called
equality in treatment. It requires that all people be treated the same. It views
individual ability as the only factor relevant for achieving success in society
Substantive Equality - focuses on equality of outcome. It takes into account the
social and economic conditions of groups and individuals (for example, race and
gender) as these often determine a person’s place/position in society
Lesson 3 - The Employment Equity Act 1
, Differentiation and discrimination
Discrimination is differentiation based on illegitimate grounds.
As to what would constitute illegitimate grounds, there are three possibilities. There
are the so-called:
specified/listed grounds such as race, sex, religion and pregnancy;
unspecified/ unlisted grounds; and
arbitrary grounds
Direct and indirect discrimination
Direct discrimination - occurs where a person is overtly treated differently because
of, for example, his or her race. Usually, direct discrimination is easy to recognize.
Indirect discrimination - occurs when criteria or policies which appear to be
neutral, are applied but then unjustifiably affect a disproportionate number of a
group, for example, because of their sex. Indirect discrimination is often disguised
and difficult to detect.
Specified, unspecified grounds and
arbitrary grounds of discrimination
Section 6(1) of the EEA provides a non-exhaustive list of 19 grounds on which
discrimination is prohibited in both policies and practices.
They are race, gender, sex, pregnancy, marital status, family responsibility,
ethnic or social origin, color, sexual orientation, age, disability, religion, HIV
status, conscience, belief, political opinion, culture, language and birth or any
other arbitrary ground.
It is important to note that the grounds of discrimination in the EEA have been
amended to include arbitrary grounds.
Lesson 3 - The Employment Equity Act 2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mabelmullermabelina. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.82. You're not tied to anything after your purchase.
