The new Employment Equity Act gives clear guidelines on 'burden of proof' in discrimination cases
Labour Net explains that Section 11 of the Act has been expanded upon to give clear guidelines regarding the 'burden of proof' in discrimination cases.
The Act states: If unfair discrimination is alleged on a ground of race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, belief, political opinion, culture, language and birth, the employer against whom the allegation is made, must prove, on a balance of probabilities that:
The Act goes on to say that if unfair discrimination is alleged on an arbitrary ground, the complainant must prove, on the balance of probabilities, that:
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Why is this amendment regarding the 'burden of proof' in discrimination cases significant?
This amendment places a burden of proof on the complainant (your employee), which wasn't explicitly stated in the original Act.
'With these guidelines, we should see a reduction in discrimination cases as an employee or job applicant would now need to prove that the conduct complained about is not rational, is in fact discrimination and that it is unfair,' adds the site.
We hope that this change will bring an end to every second employee claiming 'discrimination' when they don't get their way in the workplace. That said, remember that discrimination is unlawful.