Abstract

Appearance discrimination in the workplace, though pervasive, remains an under explored issue in South Africa’s legal landscape. While certain aspects of physical appearance such as race, colour and sex are explicitly protected under the Constitution, other traits including weight, dress, hairstyle and body modifications receive no express protection. This article focuses on these unprotected dimensions of appearance and argues for their inclusion as a listed ground in the Employment Equity Act 55 of 1998 thus complementing the existing physical appearance protections relating, for instance, to race, sex and colour. It highlights the intersectional nature of appearance-based prejudice and the compounded harm experienced by individuals when appearance-based prejudice intersects with other listed grounds. Using an intersectional lens, the article examines how systemic biases rooted in appearance perpetuate exclusion and inequality. It also seeks to balance employee autonomy with employer interests, through more inclusive workplace policies.