A Critical Analysis of the Enforcement of Human Rights in Addressing Workplace Discrimination Against the LGBTQIA+ Community in South Africa

Abstract

Section 9(3) of the Constitution of the Republic of South Africa indicates that everyone is equal before the law and no one should be discriminated against on the grounds of gender, sex, race, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, disability, age, religion, conscience, belief, culture, or language. Members of the LGBTQIA+ community are discriminated against in their homes, within their communities, and in their workplaces. This happens despite South Africa having progressive laws that support the LGBTQIA+ community compared to other countries around the world. In order to answer the research questions, this study adopted the doctrinal research methodology for its effectiveness in critiquing, assessing, and developing law. The aim of the study was to examine the extent to which the LGBTQIA+ community is protected against discrimination based on their sexual orientation at their workplaces. The objectives of the study were to explore discrimination within the work environment, workplace policies, and all other legislation protecting the LGBTQIA+ community; to explore the nature and determine forms of discrimination and other human rights violations against the LGBTQIA+ community in the workplace; and to analyse LGBTQIA+ anti-discrimination provisions and court judgements from other jurisdictions. The South African constitution and labour-related acts are there to ensure that the LBGTQIA+ community is protected from workplace discrimination. The Employment Equity Act, Promotion of Equality and Prevention of Unfair Discrimination Act, Labour Relations Act, and the Basic Conditions of Employment Act are available to prevent discrimination. However, LGBTQIA+ people still experience discrimination in the workplace. When employees encounter discrimination because of their sexual orientation, they must first talk to their supervisor, and when no assistance has been provided, the employee must make use of the courts. The outreach awareness campaign for LGBTQIA+ rights in the workplace is also recommended. Equal pay for equal work done should apply to the LGBTQIA+ community in the workplace. Name-calling and harassment should be treated with severe punishment among co-workers who inflict discrimination against the LGBTQIA+ community.