Chapter 6 - The Right to Equality in employment: Non-Discrimination Flashcards
What is different treatment in the workplace and when does different treatment become discrimination ?
- Different treatment occurs when employees are treated differently for legitimate reasons, such as seniority or experience.
- It becomes discrimination when it is based on an illegitimate reason, such as race, gender, or disability, and violates anti-discrimination laws.
What was the issue in Damons v City of Cape Town ?
A firefighter was injured and could no longer perform at the same level. He was denied a promotion and claimed unfair discrimination.
What did the Labour Appeal Court rule in Damons v City of Cape Town ?
The court ruled that since the firefighter could not perform the essential duties of the job, it was not unfair discrimination to deny him the promotion.
What are the inherent requirements of a job ?
These are core elements of a job that are essential to its outcome and performance.
What must an employee prove to hold an employer liable for sexual harassment ?
- They were sexually harassed.
- They reported it to the employer immediately.
- The employer failed to take steps to stop the harassment.
National Union of Metalworkers of SA case.
How can an employer escape liability for sexual harassment claims ?
By proving that they took all reasonable steps to prevent harassment, such as enforcing a strict sexual harassment policy.
Why is having a sexual harassment policy important for an employer ?
It demonstrates that the employer has taken steps to prevent and address workplace harassment, potentially limiting liability.
