However, there are broad exceptions applying to rules against discrimination which are inherent in the RDO. These exceptions might, somehow, render a discriminatory act, lawful.
For example, in Section 11, “Being of a particular racial group is a genuine occupational qualification”. The genuine occupational qualification could be a common defence relied upon by employers. Section 11(2) of the RDO lays down 5 specific examples of what amounts to a genuine occupational qualification which could be summarized under two main categories: Reasons of authenticity and Provision of Personal Services. However, these exceptions are drafted very broadly, giving employers considerable leeway to justify an otherwise unlawful, discriminatory act.
What is worth mentioning would be that in a racial …show more content…
There are inherent weaknesses in the provisions of the RDO that make it a less than useful device to bring claims for such discrimination. There are in fact grey areas in the RDO which cast doubt as to whether certain governmental bodies, officers and their actions are subject to the RDO. As such, the respondent argued that these acts of the police are not caught by section 27(2)(h) of RDO. Non-protection against public bodies’ conduct and unequal treatment in the provision of key services impedes equal protection of and access to basic rights which are constitutionally guaranteed. This is especially alarming and concerning because the structure of the RDO is at considerable odds with and different from the other three anti-discrimination statutes that precede it, where no such exemptions apply. Such exemptions send a message to the public that the rights of ethnic minorities are less important than those of the rest of the population and even compared to those who are targeted for other forms of discrimination. This leaves
For example, in Section 11, “Being of a particular racial group is a genuine occupational qualification”. The genuine occupational qualification could be a common defence relied upon by employers. Section 11(2) of the RDO lays down 5 specific examples of what amounts to a genuine occupational qualification which could be summarized under two main categories: Reasons of authenticity and Provision of Personal Services. However, these exceptions are drafted very broadly, giving employers considerable leeway to justify an otherwise unlawful, discriminatory act.
What is worth mentioning would be that in a racial …show more content…
There are inherent weaknesses in the provisions of the RDO that make it a less than useful device to bring claims for such discrimination. There are in fact grey areas in the RDO which cast doubt as to whether certain governmental bodies, officers and their actions are subject to the RDO. As such, the respondent argued that these acts of the police are not caught by section 27(2)(h) of RDO. Non-protection against public bodies’ conduct and unequal treatment in the provision of key services impedes equal protection of and access to basic rights which are constitutionally guaranteed. This is especially alarming and concerning because the structure of the RDO is at considerable odds with and different from the other three anti-discrimination statutes that precede it, where no such exemptions apply. Such exemptions send a message to the public that the rights of ethnic minorities are less important than those of the rest of the population and even compared to those who are targeted for other forms of discrimination. This leaves