The Law on Discrimination in Employment: A Review of The Zambian Industrial Relations Act and Employment Code Act

Abstract

Zambia has enacted two pieces of legislation that address discrimination in employment, namely, the Industrial and Labour Relations Act (1993) and the Employment Code Act (2019). Although the two pieces of legislation protect employees from discrimination in Zambia, this study argues that they may be applied to different extents, due to inconsistencies and gaps that have been identified in the two pieces of legislation. The study was qualitative and relied on secondary data sources, including statutes, case law, textbooks, and journal articles. The study recommends that the law on discrimination in Zambia should be reformed to make it clear by providing express definitions of direct and indirect discrimination. In addition, the sanctions that are imposed for employers who discriminate against an employee must be reconciled to avoid inconsistencies in their application. The study further recommends that the two pieces of legislation be consolidated to prevent the overlap in their application which currently exists.