Business Insider SA reports that under a new draft law, companies would have to show they had taken "reasonable steps" to prevent discrimination by employees if they want to avoid facing the legal consequences alongside those employees.

At the same time, the definition of discrimination would be broadened – and the need for intentional action dropped – so that an employee who undermined the dignity of a person in a protected class, even by accident, would create corporate liability. Those changes are proposed in an amendment Bill for the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda) published by the Department of Justice and Constitutional Development last week. If the amendment passes in its current form, employers and employees acting in the course of their work would be equally liable for unfair discrimination by an employee, and action would be possible against "either or both of them unless the person took reasonable steps to prevent the worker, employee or agent from contravening" the law. Discrimination would be easier to prove too. Under the draft law discrimination would newly include: encouraging someone else to discriminate; causing prejudice; undermining dignity. Discrimination could be found whether or not it had been intentional, and could be direct or indirect.

• Read the full original of the report in the above regard by Phillip de Wet at Business Insider SA

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