UNFAIR DISCRIMINATION & HARASSMENT IN THE WORKPLACE

Written by Carina Goncalves

The hairdressing, cosmetology and beauty industry is built on relationships. Everyday employers and employees work closely with clients, making trust, professionalism and respect essential to business success. Unfortunately, workplaces are not immune from unfair discrimination, bullying and harassment. These behaviours damage morale, reduce productivity, increase staff turnover and expose businesses to legal risk.

South African law recognises that every employee has the right to dignity, equality and fair treatment. The Employment Equity Act (EEA) prohibits unfair discrimination in employment and recognises harassment as a form of unfair discrimination. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace expands on these duties by guiding employers on prevention, reporting and investigation. The CCMA also provides guidance on employees' rights and remedies.

What is unfair discrimination?

Not every difference in treatment is unlawful. Employers may differentiate where there is a legitimate business reason, such as qualifications, experience, productivity or the inherent requirements of a job. However, decisions based on race, gender, pregnancy, disability, age, religion, language, culture, HIV status, sexual orientation or another arbitrary ground that undermines dignity may amount to unfair discrimination.

For example, refusing to employ a qualified therapist because she is pregnant, paying male barbers more than female barbers for equal work, or denying training to an older stylist because management assumes younger employees learn faster are examples that may constitute unfair discrimination. By contrast, insisting that an aesthetic therapist has the required certification before performing advanced laser procedures is an inherent job requirement and not discrimination.

The CCMA distinguishes between discrimination and unfair discrimination. Employers often differentiate between employees for legitimate reasons, but where the differentiation is linked to a prohibited ground and cannot be justified, it may be unlawful. Employers should therefore review recruitment, promotion, remuneration, training and disciplinary practices regularly to ensure decisions are objective and consistent.

Harassment is broader than many people realise. It includes unwanted conduct that impairs dignity or creates an intimidating, hostile or offensive working environment. It may be physical, verbal, psychological, online or sexual. The Code recognises bullying, intimidation, racist conduct, exclusion, spreading rumours, offensive jokes, cyberbullying and other behaviour that undermines dignity. A single serious incident may be sufficient depending on the circumstances.

In salons and spas, bullying may occur when senior staff repeatedly humiliate apprentices in front of clients, withhold information needed to perform treatments or deliberately isolate colleagues. These actions damage confidence and teamwork. Harassment is not limited to managers. It may occur between co-workers, from subordinates to supervisors or even from clients and suppliers. Employers cannot ignore complaints simply because the perpetrator is a valued customer.

Sexual harassment remains one of the most serious forms of misconduct. It includes unwelcome touching, comments with sexual overtones, repeated requests for dates, explicit messages, displaying sexual material or offering promotions in exchange for sexual favours. Technology has expanded the workplace, meaning inappropriate WhatsApp messages, social media posts and online meetings can also amount to workplace harassment where they are work-related.

Consider three practical examples:

1. A pregnant beauty therapist is overlooked for promotion because management assumes she will soon take maternity leave.

2. A young apprentice is constantly mocked and shouted at by senior stylists until she loses confidence.

3. A therapist reports repeated sexual comments from a regular client, yet management refuses to intervene because the client spends large amounts of money.

In each example, the employer has a responsibility to assess the complaint, investigate objectively and take reasonable steps to eliminate the conduct.

The Code encourages employers to adopt a zero-tolerance approach. Every business should have a written harassment policy explaining unacceptable conduct, reporting procedures, confidentiality, investigation processes and possible disciplinary sanctions. Policies should be communicated during induction and reinforced through regular training. Managers should lead by example because workplace culture begins with leadership.

Employers' guide in dealing with unfair discrimination and harassment

When complaints arise, they should be handled promptly, sensitively and confidentially. Employers should listen to the complainant, record the allegations, explain available procedures, interview witnesses, consider documentary evidence and decide on appropriate action. Victimisation of employees who report harassment in good faith should never be tolerated. Depending on the seriousness of the misconduct, sanctions may range from counselling and warnings to dismissal.

Employees also play an important role. They should treat colleagues with respect, avoid offensive language or jokes, report incidents as soon as reasonably possible and cooperate honestly during investigations. Respectful communication, diversity and inclusion should become everyday workplace values rather than legal obligations remembered only when disputes arise.

For the hairdressing, cosmetology and beauty industry, compliance is about more than avoiding CCMA or Bargaining Council disputes. Respectful workplaces improve morale, strengthen teamwork, increase staff retention and enhance client confidence. Employers who create inclusive environments are more likely to attract talented professionals and build sustainable businesses.

By understanding the Employment Equity Act, following the Code of Good Practice and applying the guidance issued by the CCMA, salon owners can protect both their employees and their businesses while fostering workplaces where everyone has the opportunity to succeed.