Racial harassment and discrimination in the workplace

Abstract

This research will investigate the problem of racial harassment and discrimination in the workplace. This problem of racial harassment and discrimination in the workplace is based on section 6 of the Employment Equity Act1 (EEA) which lays the foundation of this research. In chapter one of this dissertation the background of our constitutional dimension is discussed as it is the cornerstone of our law.2 Chapter one also raises racial harassment and discrimination as a problem in the workplace. Chapter 2 discusses the pre-democratic, the transition to democracy and the post-democratic racial position in the workplace. Chapter 2 enables the reader to have a full understanding of South Africa?s racial history particularly in employment. Chapter 3 analyses how South African courts address the problem of racial harassment and discrimination in the workplace. This analysis is done by way of discussing cases that have dealt with racial harassment. Further issues that are discussed in chapter 3 are whether the sanction of dismissal imposed by courts in racial harassment and discrimination cases are appropriate. How courts address the sensitivity of employees towards racial harassment and discrimination in the workplace and finally the employers duty to protect employees from racial harassment and discrimination. This is done by way of a broader discussion of case law and section 60 of the EEA. Chapter 4 is the comparative chapter where racial harassment and discrimination from the United States of America (USA) perspective is analysed and compared to South Africa. In this chapter the Civil Rights Act of 1964 is used to discuss the test that USA courts use to establish racial harassment and discrimination in the workplace. The employer?s duty to protect employees from racial harassment is also discussed in chapter 4, as well as the tests used by courts to establish liability on the part of the employer in the USA. Chapter 5 includes recommendations on how courts and employers can ensure that the remedies that they impose on employees who are guilty of racial harassment are effective in the elimination of racial harassment and discrimination in the workplace. This chapter will also contain concluding remarks.