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Clarifying the Term Fair Discrimination

Clarifying the Term Fair Discrimination Know what legal discrimination entails? We define the word “fair discrimination” on this page. When you treat someone unfairly, unjustly, or unequally because you believe they are different from you, you are engaging in discrimination. In some situations, discrimination is acceptable. There are four justifications for discrimination that are widely acceptable in South African society, according to the law.

• Discrimination based on affirmative action;
• Discrimination based on inherent requirements of a particular job;
• Compulsory discrimination by law; and
• Discrimination based on productivity.

Examples of Fair Discrimination in South Africa

• Discrimination based on affirmative action policy: Example, intentionaly hiring a black candidate over a white candidate.
• Discrimination based on inherent requirements of a particular job: Example, not hiring a disabled person for Air flight attendant job as they will not do the job successfully.
• Compulsory discrimination by law: Example, the law does not allow the employer to employ children under the age of 15 years, or pregnant women four weeks before confinement and six weeks after giving birth.
• Discrimination based on productivity. Example: salary increase based on employee productivity.

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