Gender pay discrimination in the hospitality industry in South Africa.

Abstract

This article documents laws and codes of practice regulating pay discrimination in South Africa, as well as the applicable international laws pertaining to gender pay discrimination. The legal application of international law is explained and the practical application of international and domestic law pertaining to gender pay discrimination is discussed. Gender pay discrimination is particularly rife in the hospitality industry, given the prevalence of sex-typed jobs and the resulting intensified relevance of gender pay discrimination to be found there. Gender inequality is generally based on archaic notions of male superiority and other similar, highly conservative and fallacious notions. It is clear that gender stereotyping and other unfair notions are precluding women from breaking “glass ceilings” in the industry – something that is ironic given that the majority of employees in hospitality are, in any event, women. Women should be assisted to address work–life balance and to have equal opportunity for upward mobility in the industry. The practical advantages and better access to justice relating to such issues that have arisen as a consequence of recent amendments to South African legislation are discussed.