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What is the definition of fair discrimination?

What is the definition of fair discrimination?

The discrimination which is based on affirmative action, inherent requirement of a particular job, productivity and compulsory discrimination by law are termed as fair discrimination with regard to employment or job.

What is an example of fair discrimination?

If such requirements can be shown, discrimination will be fair, for example a person with extremely poor eyesight cannot be employed as an airline pilot. It is also fair by law for the employer to discriminate on the basis of productivity when giving an increase, for example increases based on merit.

What is fair discrimination in South Africa?

“No person may unfairly discriminate directly or indirectly against anyone on one or more grounds [including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth].”

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What is the difference between fair discrimination and unfair discrimination?

In other words, certain types of discrimination can in fact be fair, according to the act. For example, where an employee is unnecessarily sidelined because he/she is disabled this could be unfair discrimination. If an employee is sexually harassed this is a form of unfair discrimination based on sex.

What are the 4 elements of unfair discrimination?

Discrimination is regarded as unfair when it imposes burdens or withholds benefits or opportunities from any person on one of the prohibited grounds listed in the Act, namely: race, gender, sex, pregnancy, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture.

Is there such thing as fair discrimination?

Fair Discrimination Discrimination based on affirmative action. Discrimination based on the inherent requirement of a particular job.

What are the 5 main types of discrimination?

Types of Discrimination

  • Age Discrimination.
  • Disability Discrimination.
  • Sexual Orientation.
  • Status as a Parent.
  • Religious Discrimination.
  • National Origin.
  • Pregnancy.
  • Sexual Harassment.
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What is fair discrimination in the workplace?

Fair discrimination is the type of discrimination at workplace that is permitted by law. 1. Discrimination which is based on an affirmative action. 2.Discrimination which is based on the aspect of productivity. 3. Compulsory discrimination ( as permitted by law) 4. Discrimination which is based on the recruitment requirements.

What is discriminatory discrimination?

Discrimination can be defined as the treatment or consideration of a person, or making a distinction in favour of or against a person based on the group, class or category to which the person belongs rather than the individual’s merit. These could include race, gender, sexual orientation, age, beliefs, conscience etc.

What is the difference between unfair discrimination and favouritism?

Favouritism is based on whether the manager likes you. Unfair discrimination is based on a personal attribute, like your race, gender, religion etc. and is unfair because these are generally criteria that you cannot help and are often born with.

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Can You unfairly discriminate?

What is interesting to note in all of this is the word ‘unfairly’, which implies that you can you may not unfairly discriminate, which means that you can discriminate fairly. There are four grounds under which discrimination would be deemed fair: