The human rights and dignity of women in the workplace in society are compromised daily through various discriminatory practices.

South Africa has one of the highest inequality rates in the world.  Inequality is exacerbated through the intersection of class, gender, race, sexual orientation, disability and socioeconomic status. 

Gendered inequality is deeply ingrained in society and has long featured in our history books. Our dark history of colonialism and apartheid has been central in creating the deepened inequality we are now witnessing. Research and history have showed that black African women, who were previously disadvantaged bear the brunt of inequality the most.

For example, a black African female from a rural community who attended a government school with limited resources is far more disadvantaged than a white male from an urban area, living in a middle-class suburb and attends a private school. While the two might complete school at the same, there is a high probability that the white male, due to historical and socioeconomic privilege, will further his studies, start his own business or enter the corporate environment and move quickly up the corporate ladder, while the black African female may settle for an entry-level position in the corporate environment, remain stagnant at that level or attain a tertiary education but find it difficult to secure employment. 

During the month of March, three important international and national days were observed; Zero Discrimination Day on 1 March, International Women’s Day on 8 March and Human Rights Day on 21 March, all very important for advocating for the redress of inequality, and for women specifically, lobbying for their equal rights. Gender and racial equality are fundamental human rights enshrined in our Constitution and South Africa has progressive labour laws to protect the rights of its citizens and protect them from any form of discrimination.  Despite this, discrimination in the workplace and violation of human rights of employees, especially marginalised women are still prevalent. 

Human rights violation and discrimination in the workplace

You may be wondering if your human rights are violated and if you are discriminated because you’re not advancing in your career like your male colleagues, you are not allowed to wear a hijab at work, you earn less than your male colleagues doing the same job.  The answer is yes, these are examples of discrimination and human rights violations.

In terms of the Constitution of South Africa, Bill of Rights, Chapter 2 of 1996, everyone has the freedom of opinion, belief and religion.  When an employer discriminates against a Muslim female without any just reason and does not allow her to don her headscarf, her human rights are being violated.  Similarly, in terms of the Employment Equity Act, a woman may not be discriminated against on grounds of her pregnancy status, sexual orientation or her ethnicity.  Yet, despite the advances in labour relations law in a quest for gender equality, women are still discriminated against creating barriers for their career advancement.

We see this in corporate as well during the recruitment and promotion process as men tend to dominate executive management posts, while women are concentrated at lower level management positions. This is also a consequence of our historical injustices where during apartheid, women had a minor status and they were not allowed to sign contracts or even own property. Since women were placed in a secondary, subordinate positions compared to men, these perceptions of their historical status still exist in the workplace. Black women specifically were relegated to lower-level posts and many older men still want to keep them at these levels.  In many instances, men do not take cognisance of black women’s abilities and want to keep them at the lower organisational levels. Women in male-dominated workplaces are discriminated against in a more acute manner as they compete against a larger pool of men at most levels and especially at senior management posts.  The likelihood of black females ascending to these posts is slim, as men want to be surrounded by persons who are similar to themselves in terms of their ways of doing business. 

Income inequality is another form of discrimination prevalent in the workplace. Men are paid more than women because of the stereotype and perception that they are breadwinners and they should therefore be paid more than women for performing the same job.  These stereotypical beliefs place women in a disadvantaged position financially.  Cognisance is not taken of women who may be single mothers or daughters who may be breadwinners within their natal families. 

Although most organisations pay women their full salaries during their maternity leave, most women tend to take shorter maternity leaves as they are afraid that they will not get promoted when they return after a long period away from work.  Working women have stated that when they have their first child, male managers deem them as not suitable candidates for promotion. The discrimination worsens after having a second child, as male managers see them as being more family-focused than career-focused and they are subsequently not assigned new projects and sent for training, coaching and mentoring programmes. The ripple effect of this is that women will stagnate in their careers and may only reach middle management levels, widening the gender inequality gaps.

Women face many violations in the workplace, including sexual harassment, which is rife in many organisations.  It is a major concern in the corporate environment especially when it is accompanied by quid pro quo favours, which damage the reputation of the female, violates her human dignity and rights and places her in a subordinate position compared to her male counterparts. 

The human rights and dignity of women in the workplace in society are compromised daily through various discriminatory practices. Days such Zero Discrimination, International Women’s Day and Human Rights are important in raising awareness on some of the injustices that women face. The drive to advocate for women’s rights should not be a paper or desktop dream stirred on these days only, but should be an every-day goal.