Today we give you a few examples of disguising discriminatory practices:
#1: An employer who wants only white artisans might offer black employees weekly paid jobs and give pension benefits for employees they pay monthly.
This way they deter black applicants who need pension fund cover from applying for this job. In this case, the real discrimination is racial but they disguise it by using the criteria of monthly versus weekly paid employees.
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Don't let the new Employment Equity amendments be the reason the DoL comes after you
There are still many employers who don't know exactly what the new 26 amendments are or even how to apply them.
If you employ more than 50 people or if your turnover is over the Employment Equity Act threshold for your industry, you need to comply with each and every one of them.
Click here to find out what you need to do to comply and avoid penalties from the DoL
#2: An employer who's prejudiced against Jews may, for example, could create a job requirement that work on Saturdays is obligatory. Jewish applicants who can't work on Saturdays would not be able to apply. While Saturday work's the disguise, the real reason for this requirement is religious discrimination.
#3: Requiring employees to wear a uniform that reveals the wearer's arms and legs, could make it impossible for many Moslem women to apply for the job. If you can't prove that wearing the uniform's a real and inherent requirement of the job, courts could see it as a 'veiled' discriminatory practice.
#4: If you unnecessarily make late working hours an essential criteria you could be indirectly discriminating against mothers who need to leave work to be with their children. Whether you practice indirect discrimination on purpose or not, you're opening your company up to strong legal action.
You have to know that it doesn't take a lot for an applicant to prove that you discriminated against him because he only needs to show the possible link between your practice or policy and discrimination on one or more grounds.
Since that's an easy job for him, you risk that the court forces you to appoint the applicant.
If the court orders you to hire him, he may be very difficult to control, discipline or dismiss
, because acting against the court could see you acting against him as retaliation.
Final note to keep in mind! This victimisation is illegal and harassment of an employee is another form of unfair discrimination (Section 6 (3) of the EEA).