FUR2601 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
FOR FURTHER ASSISTANCE, PLEASE
EMAIL
, FUR2601 – Assignment 2
Semester 2, 2025
Scenario 1: Gender Stereotyping and Discrimination
Discrimination often manifests not only through overt exclusion but also through subtle forms
such as language, stereotyping, and labeling. In this scenario, the woman is subjected to a range
of gendered insults – “aggressive,” “controlling,” “crazy,” “emotional,” “hysterical,” and others
– whenever she asserts herself. These remarks appear harmless on the surface but, in reality, they
operate to discredit her competence and undermine her dignity.
1. Applicable Law(s)
The 1996 Constitution is directly applicable. Section 9(3) provides that “the state may not
unfairly discriminate directly or indirectly against anyone on one or more grounds, including
race, gender, sex…” This protection extends to individuals, employers, and private actors,
meaning the discriminatory conduct described falls within its scope. Section 10 further
guarantees the right to dignity, a right directly violated by degrading name-calling.
The Employment Equity Act 55 of 1998 (EEA) becomes relevant if the scenario unfolds in the
workplace. Section 6(1) prohibits unfair discrimination against an employee in any employment
policy or practice. Employment practices include promotions, pay, and workplace conduct.
Gender stereotyping is recognised in labour law as a form of indirect discrimination, because
women are judged by harsher standards than men.
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
(PEPUDA) also applies. It prohibits discrimination on prohibited grounds, including gender, and
establishes Equality Courts for easy access to justice. This Act specifically seeks to address the
“patterns of systemic inequality” that perpetuate disadvantage.
2. Standing (Locus Standi)
The aggrieved woman has direct standing under section 38 of the Constitution, which gives
anyone whose rights are infringed the right to approach a competent court. Additionally,
advocacy groups such as the Commission for Gender Equality could act in the public interest to
challenge systemic discrimination.
3. Jurisdiction
If the discrimination occurs in the workplace, the Labour Court has jurisdiction under the EEA.
If the conduct occurs outside of work, the matter can be referred to the Equality Court,
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
FOR FURTHER ASSISTANCE, PLEASE
, FUR2601 – Assignment 2
Semester 2, 2025
Scenario 1: Gender Stereotyping and Discrimination
Discrimination often manifests not only through overt exclusion but also through subtle forms
such as language, stereotyping, and labeling. In this scenario, the woman is subjected to a range
of gendered insults – “aggressive,” “controlling,” “crazy,” “emotional,” “hysterical,” and others
– whenever she asserts herself. These remarks appear harmless on the surface but, in reality, they
operate to discredit her competence and undermine her dignity.
1. Applicable Law(s)
The 1996 Constitution is directly applicable. Section 9(3) provides that “the state may not
unfairly discriminate directly or indirectly against anyone on one or more grounds, including
race, gender, sex…” This protection extends to individuals, employers, and private actors,
meaning the discriminatory conduct described falls within its scope. Section 10 further
guarantees the right to dignity, a right directly violated by degrading name-calling.
The Employment Equity Act 55 of 1998 (EEA) becomes relevant if the scenario unfolds in the
workplace. Section 6(1) prohibits unfair discrimination against an employee in any employment
policy or practice. Employment practices include promotions, pay, and workplace conduct.
Gender stereotyping is recognised in labour law as a form of indirect discrimination, because
women are judged by harsher standards than men.
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
(PEPUDA) also applies. It prohibits discrimination on prohibited grounds, including gender, and
establishes Equality Courts for easy access to justice. This Act specifically seeks to address the
“patterns of systemic inequality” that perpetuate disadvantage.
2. Standing (Locus Standi)
The aggrieved woman has direct standing under section 38 of the Constitution, which gives
anyone whose rights are infringed the right to approach a competent court. Additionally,
advocacy groups such as the Commission for Gender Equality could act in the public interest to
challenge systemic discrimination.
3. Jurisdiction
If the discrimination occurs in the workplace, the Labour Court has jurisdiction under the EEA.
If the conduct occurs outside of work, the matter can be referred to the Equality Court,
