Affirmative action and people with disabilities in the work place
- Authors: Mpambani, Ntombizodwa Rose
- Date: 2023-04
- Subjects: Affirmative action programs -- Law and legislation , People with disabilities , Work environment
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60685 , vital:66321
- Description: Worldwide and in South Africa, affirmative action has been extensively used both as a policy instrument and a means of social reparation and reform. This study focuses on compliance and monitoring for affirmative action for persons with disabilities in the South African workplace. Affirmative action is a transitory method of advancing equality. Constitutionally, it is acknowledged in South Africa that affirmative action in the form of substantive equality. This study explores whether or not employers utilize affirmative action in accordance with the Employment Equity Act. It also aims to evaluate how the Department of Employment and Labour and the courts implement affirmative action. The study considers the relevant literature available, statutes, and employment equality policies, as well as an evaluation of case law. In South Africa, individuals who have disabilities are one of the groups that the Employment Equity Act attempts to protect. People with disabilities are disadvantaged in the work arena, which has substantial psychological, social, and economic consequences. The government established the numerical target that employers must strive to achieve in the workplace. Consequently, it is essential to investigate further the obstacles that impede the employment of persons with disabilities including the physical accessibility of the environment and information, transportation, the attitudes of others (such as employers and co-employees), and the extra expenditures associated with managing a disability. The delivery, nature, and structure of an individual's education is one of the first determinants of socialization into society. There is a delicate relationship between poverty, disability, and social assistance programs that may have a substantial effect on the employment and job search of persons with disabilities. Interestingly, South Africa combines significant unemployment rates with effective social assistance programs. There are compelling economic, social, psychological, and political arguments for boosting the employment of those with disabilities. The policy of affirmative action is effective, but the study notes that the objectives have not yet been realized. The situation in South Africa is compounded by a variety of confusing circumstances, including substantial unemployment, strong social assistance, and disabled individuals with poor skill levels. The survey concluded that the majority of firms do not execute affirmative action appropriately and that enforcement is minimal. It is recommended that disabled workers and labour unions confront employers that do not comply with the Employment Equity Act. To guarantee that persons with disabilities are completely integrated into the workforce, proactive and constructive strategies must be used. It is the morally just and virtuous thing to do, not just for disabled people but for all people. , Thesis (LLM) -- Faculty of Law, School of School: Mercantile Law, 2023
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- Date Issued: 2023-04
The legal consequences of failure to give effect to affirmative action measures
- Authors: Burton, Colin Peter
- Date: 2013
- Subjects: Affirmative action programs -- Law and legislation -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10239 , http://hdl.handle.net/10948/d1012904
- Description: In South African law, affirmative action has been a very controversial topic over the years. 5 Controversial issues such as perceptions and reactions of affirmative action in the South African context are varied. 6 These reactions are often categorised as politically explosive and emotionally charged. 7 Most people fear the implications of affirmative action, more specifically the impact thereof on their individual positions within the workplace.8 Those who feel threatened by these measures, tend to question the political and ethical legitimacy thereof. 9 Those who stand to benefit from these measures often dislike the labelling associated with these measures. 10 Confusion also exits in greater society about relationship between the equal opportunity, black advancement, affirmative action and diversity management paradigms and related practices. The sources of conflicting reactions to affirmative action stem from individual, group and cultural believes and values which were both shaped by the political realities of the previous regime and the ideals people cherish for themselves in the current dispensation. Colonialist and apartheid laws, policies and practices which were racist and patriarchal provided for separate societies for blacks, whites, Indians and coloureds. 11 At this point in time separate labour systems with job reservation were applicable for whites. There were also wage differentiations between white and black people and between sexes. 12 Furthermore, disabled people were kept dependant and there were also discriminatory legislative provisions against them. 13 This history of systemic discrimination and its resulting inequality and entrenched disadvantage for black, coloured and Indian women and the disabled, was and still is well-known both nationally and internationally. 14 Internationally, apartheid has been extensively disapproved. Examples hereof include the United Nations that declared apartheid and its impact a “crime against humanity” and a negation of the United Nations Charter, 15 expressions of censure culminated in the adoption of the International Convention on the Suppression and Punishment of the Crimes of Apartheid16 and the expulsion of South Africa from the United Nations and its agencies. 17 Nationally, on the other hand, South Africa promulgated several legislative pieces namely, the Constitution, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Employment Equity Act 55 of 1998.
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- Date Issued: 2013