​The LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex, and asexual) community does not only experience discrimination in society, it is also discriminated against in the workplace, with rules and regulations that are not supportive and conducive to their lifestyle and right to be human.

Although South Africa has a progressive legal framework when it comes to LGBTQIA+ rights, many people still face discrimination when trying to access public services like schools and clinics.

For many, the threat and the experience of violence cast fear over their lives. It is true that South Africa has made major strides, but there is still major discrimination in the workplace.

If a guy is a bit effeminate, they will barely climb the corporate ladder even with the right experience and qualifications or a female that is manlier will struggle to get promoted. There are many examples out there. We can even refer to the transgender community, which may not conform to human expectation on what is perceived as normal and gets judged before getting the opportunity to explain themselves. They are then forced to hide who they are to be able to work.

Parts of Section 9 of the Constitution, which relates to equality, reads: “(1) everyone is equal before the law and has the right to equal protection and benefit of the law; (2) Equality includes the full and equal enjoyment of all rights and freedoms; (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.

One of the reasons sexual orientation was included in the equality section of the Constitution was because members of the LGBTQIA+ community were discriminated against during apartheid. They were treated with contempt by the previous regime and certain laws criminalised gay relationships.

The Constitutional Court has on a number of occasions upheld the rights of the LGBTQIA+ community. In the matter of Satchwell vs the President of the Republic of South Africa 2003 (4) SA 266 (CC), the court held that sections 8 and 9 of the Judges’ Remuneration and Conditions of Services Act 88 of 1989 were unconstitutional in that benefits that were afforded to the spouse of a judge were not extended to a judge’s same-sex life partner.

Sections 8 and 9 of the Judges’ Remuneration and Conditions of Services Act were found to unfairly discriminate on the basis of sexual orientation and the Constitutional Court ordered that these sections be read to include permanent same-sex life partners.

Sadly, there is still a gap between the legal protection afforded to the LGBTQIA+ community and the actual practice in workplaces and society.

South Africa still has a long way to go, in practice, to attain true substantive equality for all. We need to stand up for each other. A lot of the LGBTQIA+ community have been killed or subjected to corrective rape. The perpetrators are our brothers, friends and uncles who at most times evade being tried for their heinous crimes. Is it not time we change and become a true rainbow nation that does not discriminate against sexual orientation and race?