The Law and Gender-Based Discrimination in the South African Workplace: A Comparison of South African and Canadian Law

Abstract

Despite the global shift towards democratic principles grounded in equality, progress in eradicating gender-based discrimination in the workplace remains slow. Studies consistently show significant disparities in remuneration and career advancement between women and men, with women frequently earning less than their male counterparts for performing equivalent tasks. In response, various countries have enacted and continue to refine legislation and policies aimed at combating gender discrimination in the workplace. This research undertakes a comparative analysis of the legal frameworks in South Africa and Canada, focusing on how each system addresses gender equality in the workplace. The research examines the influence of international and regional instruments on domestic legislation in both jurisdictions, assessing the effectiveness of their respective legal measures in combating gender-based discrimination in the workplace. The research concludes by offering recommendations to improve the efficacy of existing laws, thereby strengthening efforts to eliminate gender discrimination in the workplace.