Clarifying the Term Fair Discrimination

Do you know what fair discrimination is? On this page, we clarify the term fair discrimination. When you discriminate against someone, you treat them unjustly, unfairly, and unequally because they are, or you think they are, different from you. Discrimination can be fair under certain circumstances. The South African law has set out four grounds on which discrimination is generally allowed in the society.

  • 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.

Looking for something specific?