The term affirmative action originated in the United States some 30 years ago to describe a process of liberating minority groups. The objective of affirmative action within an organisational context, is to democratise the workplace by enabling members of previously disadvantaged groups to progress higher up the ranks of the corporate world. The affirmative action drive only took off in South Africa when it became part of the democratisation process and the focus was directed towards liberating the historically disadvantaged black majority. Prior to 1994, the reasons for implementing affirmative action programmes were largely political because of the race-based discrimination. Historically disadvantaged people were a minority in senior positions, the reason being that although the blacks were given a chance to compete with their white counterparts, due to their poor education standards and lack of experience only a few was appointed. The Employment Equity Act 55 of 1998 aims to correct the demographic imbalances in the nation’s workforce by compelling employers to remove barriers to advancement of blacks, coloureds, Indians, women and disabled, and actively to advance them in all categories of employment by affirmative action. The Employment Equity Act consists of two main sections. The first replaces and refines the prohibition on unfair discrimination in item 2(1)(a) of Schedule 7 of the Labour Relations Act. The second aspect deals with imposing a duty to the employers to adopt affirmative action programmes. The Employment Equity Act places a positive obligation on all employers “to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice”. Where unfair discrimination is alleged, the onus of proving that discrimination is fair, or practice is not discriminatory at all, rests upon the employer. Disputes about unfair discrimination must be referred to the CCMA, and if not settled by conciliation, to the Labour Court, which has the power to order compensation or the payment iv of damages, or to direct the employer to take steps to prevent the same unfair discrimination or similar practice occurring in the future in respect of other employees. The second section of the Employment Equity Act deals with the imposition of the duty to designated employers to adopt affirmative action programmes. All employers with more than 50 employees, or which have annual turnovers equal to or above the annual turnovers for small businesses of their class, municipalities, organs of state, and those designated as such by collective agreement, must implement affirmative action measures for people from designated groups. This entails consulting with employers, conducting an analysis of employment policies, practices, procedures and the working environment to identify barriers, drawing up employment equity plans and reporting thereafter to the Director-General of the Department of Labour on progress made in implementing the plan. Any employee may bring alleged contraventions of the Act to the attention of the employer, another employee, or any trade union, workplace forum, labour inspector or the Director- General of the Employment Equity Commission. Labour inspectors appointed under the Basic Conditions of Employment Act may enter and inspect employer’s properties and documents, and are responsible for ensuring that the employer has consulted with employees as required, conducted the pre-equity plan analysis prepared its plan and is implementing it, submitted and published its reports, set up the necessary managerial infrastructure, and informed its employees of progress. Should employers be found not to have complied with these requirements, labour inspectors must request a written undertaking that they will do so. If an employer fails to give such an undertaking, the labour inspector can issue a compliance order setting out inter alia what steps the employer must take and when, and the maximum fine, if any, that can be imposed if the employer fails to comply. If the employer does not pay attention to the compliance order within the prescribed period, the Director-General may apply to have it made an order of the Labour Court. The Director-General may also conduct independent ad hoc reviews of selected designated employers. Failure by an employer to comply with the provision of the Act lead to the employer being liable for the contravention of the Act.

This research discusses the actions related to the social inclusion of disabled people who had access through the introduction of quotas by the Affirmative Action Program in its first entry in early 2009 at the Universidade Federal de Santa Maria / RS-UFSM. A semistructured interview was the instrument of data collection that provided the contact with 12 students, research subjects. The literature review and document constituted a foundation for analysis and consultation. The main goal with the production of this work was to seek, from the speech of students entering the System Present Citizen B, a process analysis of educational inclusion from this entry, pointing to the indicative and the potential for continuation and completion of course students. As it developed the research work I sought an approach that would establish a relationship with human well-being and quality of life. You can say that such a procedure is valid and ongoing need for access to Public Institutions of Higher Education in Brazil, however, when there is an internal policy that would specifically ensure compliance of the issues that arise from that access, disabled people, or appointed by the Program of "persons with special needs, this alone does not provide the continuity of studies, quality of life and welfare of the people who finally have indeed special educational needs / A presente pesquisa discorre sobre as ações relacionadas ao processo de inclusão das pessoas com deficiência que tiveram seu acesso pela implantação de Cotas junto ao Programa de Ações Afirmativas no seu primeiro ingresso no início de 2009, na Universidade Federal de Santa Maria/UFSM-RS. A entrevista semiestruturada foi o instrumento de coleta de dados que proporcionou o contato com os 12 alunos, sujeitos de pesquisa. A revisão bibliográfica e documental constituiu-se num alicerce para a análise e consulta. O objetivo principal com a produção deste trabalho foi buscar, a partir do relato dos alunos ingressantes pelo Sistema Cidadão Presente B, uma análise do processo de inclusão educacional a partir desse ingresso, apontando os indicativos e as possibilidades de prosseguimento e de conclusão de curso desses alunos. À medida que se desenvolvia o trabalho de pesquisa busquei uma aproximação que estabelecesse uma relação com bem-estar humano e de qualidade de vida. É possível adiantar que um processo dessa natureza e em andamento é válido pela necessidade de acesso às Instituições de Educação Superior Públicas no Brasil, porém, quando não há uma política interna que especificamente possa garantir o atendimento das questões que surgem a partir desse acesso, de pessoas com deficiência, ou nomeadas pelo Programa de "pessoas com necessidades especiais", este não proporciona por si só a continuidade dos estudos, a qualidade de vida e o bem-estar social das pessoas, que por fim, apresentam de fato as necessidades educacionais especiais.

Afro-Descendants suffer sustained discrimination and invisibility that is proliferated with policies that were once blatantly racist, but are now furtive. This study argues that structural racism is alive and well in liberal institutions such as publicly funded colleges and universities. Thus, structural racism is subtly replicated and reproduced within these institutions and by institutional agents who are Racist without Racism. This study builds on theories from Pierre Bourdieu, Frantz Fanon, Glen Loury and Eduardo Bonilla-Silva. The juxtaposition of their theoretical arguments provides a deeper insight into how structural racism becomes a de facto reflexive phenomenon in liberal and progressive institutions such as universities, which are heralded as the epitome of racism-free spaces in colorblind states. Inspired by Lieberman’s nested mixed methods approach, the study examines Afro-Descendants’ sustained discrimination and invisibility in publicly funded universities in New York City and the city of São Paulo. The success of race-based affirmative action is examined quantitatively in New York City and São Paulo. Semi-structured interviews are conducted with Afro-Descendant professors, students and administrators in New York City and São Paulo’s publicly funded liberal university systems. These interviews are conducted to (1) understand the respondents’ experiences in their respective liberal spaces as racial minorities; and (2) determine whether they have benefited or been harmed by a public policy designed to ameliorate their inferior positions. Overall, findings from this study suggest that structural racism exists and persists in New York City and São Paulo. Moreover, Afro-Descendant participants in both cities acknowledge and experience structural racism within their respective liberal university systems.

Masters in Public Administration - MPA / This research report set out to provide an evaluation of the progress made by the Department of Justice and Constitutional Development with respect to affirmative action and employment equity, and particularly with respect to the promotion of greater gender equity in employment, especially at the management levels. / South Africa

Magister Educationis - MEd / This study investigates the factors that conditioned the establishment of, and responses to, a centrally coordinated, institution wide change initiative aimed at promoting equity in the academic workplace in an historically white South African university. It is examined by presenting two kinds of analyses, firstly, an institutional analysis that explores the environmental and managerial conditionalities that influenced the reception, interpretation and responses to the national policy framework. Secondly, a bottom-up analysis that explores the distinctive disciplinary contexts that conditioned the responses of the participants. The study reveals that top-down approaches to managing change have limited capacity to influence the nature and pace of change on the ground, despite the best intentions of institutional managers. The study illustrates that the distinctive disciplinary context conditioned the responses to, and outcomes of the change initiative. In this study, the authority of the academic project powerfully trumps the legitimacy and credibility of the institutional transformation initiative.

Historically, racism was deeply rooted in the workplace in South Africa where white people were largely afforded better opportunities than their black counterparts. This position changed after South Africa became a democratic country. In the new South Africa, legislation has been adopted to combat unfair discrimination. This legislation is founded upon the equality clause contained in section 9 of the Constitution of the Republic of South Africa. Section 9 prohibits unfair direct or indirect discrimination against any person on any of the listed grounds. It also makes provision for protection against unfair discrimination on unlisted grounds. The Employment Equity Act was enacted to bring equality to the workplace and to give effect to section 9(2) of the constitution. The Employment Equity Act promotes equal opportunities and fair treatment and seeks to eliminate unfair discrimination. Section 6 of the Employment Equity Act contains the main thrust of the Act’s prohibition against unfair discrimination. However not all discrimination is unfair. Section 6(2) of the Employment Equity Act provides that discrimination based on the inherent requirements of a job or in terms of affirmative action measures will not be unfair. This section implies that there are grounds of justification which may cause discrimination to be fair. These grounds are affirmative action and inherent requirements of a job. Affirmative action is a purposeful and planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminated by unfair discrimination in the past. There are affirmative action measures incorporated in the Employment Equity Act. There exists also a designed programmatic enforcement of affirmative action measures.

Rationale: It cannot be denied that there has been improvement in demographic representation in South Africa since the implementation of the Employment Equity Act 55 of 1998. Whilst there may still be room for improvement, especially on employer attitudes towards the implementation of employment equity, improved representation of the Previously Disadvantaged Groups has evidently appreciated, however, marginally. Research purpose: This study sought to explore stakeholder perceptions as to why Engcobo Local Municipality had not successfully implemented the Employment Equity Act. Research design, approach and method: This exploratory study was conducted at Engcobo Local Municipality on Councillors, Managers, Key Employees and representatives of Organised Labour. Main findings: a) Engcobo Local Municipality was found not to have complied with various aspects of the Employment Equity Act; b) Respondents mainly believed that failure to implement the Employment Equity Act by Engcobo Local Municipality was due to lack of capacity on the part of the municipality‟s stakeholders; c) Different countries followed different models in the implementation of their Employment Equity, depending on the peculiarity of their circumstances; and d) The most appropriate change management model on which the implementation of the South African Employment Equity is modelled is Hayes‟ Generic Change Management Model. Managerial implications: Future research may be that the municipality can benefit from the recommendations made by the respondents with regard to what they believe needs to be done to remedy the situation. Some of the suggestions include the intensification of communication, establishment consultative structures to facilitate communication and the capacitation of stakeholders to ensure that they understand their responsibilities regarding the implementation of the Employment Equity Act. Contribution: The contribution of the research is supporting the current knowledge base of stakeholders towards the implementation of the Employment Equity Act. Proactive implementation measures should be taken to ensure that people who should benefit from the implementation of the Act are not disadvantaged by the municipality‟s failure to implement the Act. The introduction of the alignment with human resource management practices that complement the implementation of Employment Equity, could overcome the barriers currently being experienced in the effective implementation of the Employment Equity Act.

Economical and educational problems are caused by the reversed effect of the Employment Equity Act and Affirmative Action. One such problem is called “brain drain” (Lundy, 2006), The general aim of the research was to determine whether affirmative action caused final year students of the Nelson Mandela Metropolitan University to consider overseas employment. A literature study was conducted before the empirical objectives were reached. The empirical study was of a quantitative descriptive and inferential nature. A cross-sectional survey design was used to achieve the empirical objectives. A self- administered survey package was handed out to final year students within the various disciplines at their various classes. One hypothesis was tested. The results indicated that support was found for the hypothesis. The findings are discussed in relation to the data gathered. The implications of the research and the limitations of the study are outlined in the Results chapter.

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