Non-Discrimination
The Constitution and the Labour Act both prohibit discrimination. In accordance with the Constitution, discrimination is prohibited on the following grounds: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
The Labour Act further expands the list of prohibited grounds, including:
- Gender, disability, sexual orientation, pregnancy, and marital status.
- HIV and AIDS status.
- Religion, political affiliation, national extraction, and social origin.
- Age or any other factor that nullifies or impairs equality of opportunity in employment.
However, if a job has specific, essential requirements that justify certain distinctions, exclusions, or preferences, these will not be considered unlawful discrimination. Example includes:
- physical requirements of a job (firefighters having to lift heavy objects and rescue people, exclusion based on physical disability is justified),
- religious or cultural considerations (a religious institution may require that a priest or an Iman belong to a specific faith),
- age restrictions for safety (prohibition of child labour generally and in hazardous works, prohibition of engagement of pilots beyond a certain age) or
- language proficiency (requiring fluency in certain languages) are all inherent requirements of a job and cannot be treated as discrimination.
Workers cannot be discriminated against based on the following types of employment: part-time contract, migrant workers, home workers, and domestic workers.
The prohibited grounds for dismissal include race, colour, sex, marital status, pregnancy, religion, political opinion, national extraction or social origin, HIV/AIDS status or any other discriminatory category.
The Persons with Disability Equity Act 2021 ensures that persons with disabilities have equal access to employment opportunities and are protected from discrimination.
Under this law, employers cannot refuse to hire someone solely because of a disability. If a person with a disability can perform their job effectively, they must receive the same terms, benefits, and opportunities as other employees.
Discrimination is prohibited in all employment-related matters, including recruitment, promotions, wages, training, and benefits. However, an exception exists if the disability directly prevents an individual from performing the essential tasks of a specific job .
Employers must also provide reasonable accommodations—such as physical or administrative adjustments—to enable employees with disabilities to perform their roles effectively.
Sources: §18 of the Constitution of Lesotho 1998; §06 & 140 of the Labour Act, 2024 (Act No. 3 of 2024); §22 of the Persons with Disability Equity Act 2021
Equal Choice of Profession
The Constitution guarantees the right to choose work for all individuals and creates obligations on the state to adopt policies that promote equal opportunity for men and women. It also ensures that promotion in employment is based only on seniority and competence.
By prohibiting discrimination on the basis of gender and marital status, the Labour Act ensures equal choice of profession for men and women workers.
Sources: §29 and 30 of the Constitution of Lesotho 1998; §06 of the Labour Act, 2024 (Act No. 3 of 2024)
