Racism in the workplace : an appraisal of the employer’s responsibility and liability

Abstract

With the first democratic elections in South Africa in 1994, citizens of South Africa made a conscious decision to move forward and heal the inequalities of the past. Central to this is the sensitive issue of racism, which had, and still has, to be addressed and rooted out. Despite the conscious decision, racism in South Africa is still very much alive. More specifically racism in the workplace, where employees spend a fair amount of time in the presence of people from different races, appears to be prevalent. A contentious point in this regard is whether an employee can be dismissed for racial conduct and if dismissal is the only sanction in cases of racism in the workplace. Acts of racism in the work place do not only have negative consequences for the victim and the accused, but also for the employer. As the employer has a duty to reasonably prevent racism in the workplace, the employer can be held liable if he or she fails to prevent or effectively deal with racism in the workplace. This dissertation considers discrimination in the form of racism within the workplace. Various case law are considered to illustrate some of the cases which constitute racism and reflect on how the courts dealt with racism. Furthermore, this dissertation considers the responsibility and possible liability of employers with regards to racism in the workplace.