Unfair Discrimination

'Unfair discrimination' involves any direct or indirect distinction, exclusion, or preference made against an employee in any employment policy or practice on one or more grounds, including but not limited to race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth, or any other arbitrary ground. Harassment is also considered a form of unfair discrimination.

Unfair discrimination is prohibited and refers to any direct or indirect discrimination against an employee in any employment policy or practice on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth, or any other arbitrary ground. Harassment is explicitly considered a form of unfair discrimination.

As defined by the Employment Equity Act and the Promotion of Equality and Prevention of Unfair Discrimination Act, 'unfair discrimination' occurs when a person is treated differently compared to others, and this treatment is based on one or more prohibited grounds (such as race, gender, sex, age, disability, religion, etc.), resulting in the impairment of their dignity or the imposition of burdens or withholding of benefits or opportunities. The Fair Pay Bill specifically targets unfair discrimination in remuneration practices, aiming to ensure that pay decisions are objective, justifiable, and free from any discriminatory bias.