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Workplace Discrimination Based on Pregnancy

Nelson Mandela University All Rights Reserved Open Access

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  • Title:
    Workplace Discrimination Based on Pregnancy
  • Author: Pathiswa, Mbongwana
  • Subjects: Employment discrimination ; Pregnancy
  • Description: In the past, South Africa was marked by widespread discriminatory practices, many of which still exist to date. This study investigates the persistent discrimination against pregnant women. The study revealed that in South Africa, pregnant women continue to face discrimination in employment and are often denied the right to go on maternity leave, nursing or breastfeeding and childcare facilities. Presently, pregnancy is listed as a prohibited ground for discrimination in the South African Constitution as well as many ILO Conventions. Similarly, the South African labour law framework which gives effect to the Constitution provides for the protection of women and pregnant workers. This protection comes in the form of measures that proscribe dismissal and discrimination based on. Despite these legislation, this study finds that the less favorable treatment of women and pregnant workers in South African workplaces has become increasingly common, and this has turned into a contentious subject. This study focused on labour legislation that has been developed to safeguard pregnant women in the workplace in light of applicable constitutional protections. Notwithstanding these legislative protections for pregnant women in the workplace, the analysis shows that many pregnant women continue to be treated unfairly due to their pregnancies or for reasons linked to their pregnancies. Consequently, there has been a regression in the actual execution of laws and regulations protecting pregnant workers. The study highlights the need to establish mechanisms to ensure that legislation protecting pregnant workers in the workplace achieves its intended purpose and is implemented properly. Consequently, this study presents pertinent suggestions about the implementation of labour legislation so that the employment rights of women and pregnant workers are adequately safeguarded. Thesis (LLB) -- Faculty of Law, School of Mercantile Law, 2023
  • Publisher: Nelson Mandela University
  • Creation Date: 2023
  • Format: 183 pages
  • Language: English
  • Source: South East Academic Libraries System Digital collections of Nelson Mandela University
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