An evaluation of South African legislation to determine its adequacy in protecting employees discriminated against on the ground of sexual orientation

Abstract

Unfair discrimination on the ground of sexual orientation, has become an area of concern for some employees. The Employment Equity Act 55 of 1998 (EEA), which was enacted to give effect to section 9(4) of the Constitution, prohibits unfair discrimination on various grounds, which includes the ground of sexual orientation. LGBT is an acronym which consists of lesbian, gay, bisexual, transgender and queer individuals. These terms are used to describe the sexual orientation or gender identity of an individual. Section 6(1) of the EEA provides that no person may unfairly discriminate, either directly or indirectly against an employee on grounds which includes, inter alia, the ground of sexual orientation.