FUR2601
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2025
, FUR2601 Assignment 2 2025
Question 1: Discrimination Scenarios
Scenario 1: Gender-Based Harassment of a Woman
All the epithets directed at the female employee are rooted in gender stereotypes e.g.
“aggressive”, “hysterical”, “bitchy” for a woman asserting herself). This conduct
constitutes unfair discrimination on the basis of sex/gender and amounts to harassment.
The Constitution explicitly prohibits unfair discrimination on grounds including “gender”
or “sex”, and unlawful workplace harassment. The Employment Equity Act (EEA)
likewise forbids any employer or employee from unfairly discriminating or harassing
someone on grounds such as gender or sex. These insults demean the woman’s dignity
and violate her equality rights.1
The applicable law would be The Constitution of 1996 applies (s 9’s equality guarantee).
The Employment Equity Act 55 of 1998 applies if this occurs in a work setting (it
prohibits unfair discrimination or harassment on gender/sex). The Promotion of Equality
and Prevention of Unfair Discrimination Act (PEPUDA) also generally prohibits hate
speech and harassment on prohibited grounds (including sex or gender). (The 1993
Interim Constitution is no longer in force.)2
Standing (locus standi)
The woman herself has standing under Section 38(a) of the Constitution to
approach a court because her own equality and dignity rights have been infringed.
No higher threshold is needed under the modern “broad approach” to standing.
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2025
, FUR2601 Assignment 2 2025
Question 1: Discrimination Scenarios
Scenario 1: Gender-Based Harassment of a Woman
All the epithets directed at the female employee are rooted in gender stereotypes e.g.
“aggressive”, “hysterical”, “bitchy” for a woman asserting herself). This conduct
constitutes unfair discrimination on the basis of sex/gender and amounts to harassment.
The Constitution explicitly prohibits unfair discrimination on grounds including “gender”
or “sex”, and unlawful workplace harassment. The Employment Equity Act (EEA)
likewise forbids any employer or employee from unfairly discriminating or harassing
someone on grounds such as gender or sex. These insults demean the woman’s dignity
and violate her equality rights.1
The applicable law would be The Constitution of 1996 applies (s 9’s equality guarantee).
The Employment Equity Act 55 of 1998 applies if this occurs in a work setting (it
prohibits unfair discrimination or harassment on gender/sex). The Promotion of Equality
and Prevention of Unfair Discrimination Act (PEPUDA) also generally prohibits hate
speech and harassment on prohibited grounds (including sex or gender). (The 1993
Interim Constitution is no longer in force.)2
Standing (locus standi)
The woman herself has standing under Section 38(a) of the Constitution to
approach a court because her own equality and dignity rights have been infringed.
No higher threshold is needed under the modern “broad approach” to standing.
