Title: Endeavours in closing the pay gap between race and gender: a South African perspective

Authors: Marié McGregor

Addresses: Department of Mercantile Law, College of Law, University of South Africa, P.O. Box 329, Muckleneuk, Pretoria, 0003, South Africa

Abstract: Unlike the equality laws of other countries such as the USA and the UK, the South African equality laws do not explicitly regulate equal remuneration claims despite statistics showing substantial pay differences between gender and race. The remuneration gap between male and female employees is currently at 25%. Between races it appears that whites and Indians on average tend to earn the highest at nearly all levels and Africans and non-whites on average tend to earn the lowest. This paper will investigate the notion of equal remuneration for the same work or work of equal value and its application in South Africa. The country's discriminatory history and the amends made after 1994 to promote equality are set out as background. Moreover, international labour standards ratified by the country and national equality laws enacted are considered. Lastly the relevance of Mangena will be considered.

Keywords: equality laws; pay gaps; race; gender; remuneration gaps; USA; United States; UK; United Kingdom; regulation; equal remuneration; remuneration claims; pay differences; male employees; female employees; white people; Africans; non-white people; work of equal value; racial discrimination; sex discrimination; international standards; labour standards; Mosibudi Mangena; Fila South Africa; case law; law reports; private law.

DOI: 10.1504/IJPL.2012.049359

International Journal of Private Law, 2012 Vol.5 No.4, pp.390 - 405

Published online: 20 Sep 2014 *

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