| (1) | If unfair discrimination is alleged on a ground listed in section 6(1), the employer against whom the allegation is made must prove, on a balance of probabilities, that such discrimination— |
| (a) | did not take place as alleged; or |
| (b) | is rational and not unfair, or is otherwise justifiable. |
| (2) | If unfair discrimination is alleged on an arbitrary ground, the complainant must prove, on a balance of probabilities, that— |
| (a) | the conduct complained of is not rational; |
| (b) | the conduct complained of amounts to discrimination; and |
| (c) | the discrimination is unfair. |
[Section 11 amended by section 6 of Act No. 47 of 2013]
