Discrimination Based on Sexual Orientation Towards Patrons in the Hospitality Industry In South Africa

Abstract

This is a conceptual analytical research paper that discusses the issue of what amounts to unfair discrimination on the basis of sexual orientation in the hotel industry. This can be a very emotional issue if it is perceived as essentially a contest between two fundamental human rights, namely the right to freedom of religion on the one hand, and on the other hand, the right of the LGBTI+ community to equality and dignity. By unpacking and analysing the content of the competing fundamental rights in terms of case law and legislation, a better understanding of how these fundamental rights can both be upheld and co-exist in a free and democratic society can be gained. The article thus strives to impart legal knowledge regarding how the law views discrimination based on sexual orientation so that those in the hospitality industry can make policy decisions and draft policies that are not contrary to the law with regard to discrimination based on sexual orientation.