Unfair discrimination on the grounds of pregnancy is prohibited under South African law, notes legal firm Webber Wentzel.
Despite the protections afforded to employees who are pregnant or who intend to become pregnant, and the many inroads South African labour legislation has made on gender equality, provisions and practical application may be inadequate.
To what extent does a woman’s response to these types of questions determine whether she moves to the next phase of the recruitment process and whether she is ultimately employed? Similarly, are women employees who are pregnant or family-planning still faced with barriers to advancement within the workplace?
We suggest that grounds of discrimination should not be considered in isolation but as overlapping vulnerabilities. Pregnancy as a standalone basis of discrimination must be acknowledged. While pregnant women may be discriminated against on other grounds, such as sex, gender and potentially on the grounds of family responsibility, there is no need to prove gender or sex discrimination when an allegation of pregnancy discrimination is made.
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