No employer may discriminate against an employee or somebody applying for a job on grounds of race, tribe, place of origin, political opinion, colour, creed, sex and gender, pregnancy, HIV status or disability. That covers the advertisement, the recruitment, the job itself and what is paid for it.

Section 5(1) names those grounds and applies them to the advertisement of employment, recruitment, the creation or abolition of posts, and the determination of wages and conditions. Pregnancy and HIV status are named expressly, which matters because both are common grounds of quiet refusal. The list was amended by section 37 of Act 11 of 2023. Disability is protected subject to the Disabled Persons Act [Chapter 17:01].

Applies to: Every employer, including at the advertising and interview stage