LL.M. / Age discrimination first arose in the post-industrial revolution period. Prior to that most people earned a living through a connection to the land. Agriculture was a family affair with all members contributing to the task, from the youngest to the oldest, according to their abilities. As the ability for labour waned, older people tended to be cared for by their families. Those who did not work on the land were mostly self-employed artisans and crafts people, such as cobblers, carpenters and blacksmiths, and they worked to whatever schedule they wished. Also, tools used at that time were different to those used today and expertise was achieved through age and experience, so that a tradesman such as a goldsmith was a more skilled artisan if he had 30 years experience than an associate with considerably less experience. Age discrimination in employment just did not occur because there was little employment by large impersonal corporations.

Magister Economicae - MEcon / The aim of this study was to investigate the barriers that impede the career advancement of women at an auditing firm in the Western Cape. These include internal and external barriers. More specifically, the study aimed to establish whether significant differences exist between women in different age groups, job levels, race groups and single, divorce/widowed and married groups in the firm, regarding their views in relation to their own career advancement. / South Africa

The focus of this paper is to emphasize the importance for every employer to avoid unfair discrimination during the recruitment process and to value diversity in the workplace. This is not only a legal requirement, but also gives an employer the best chance of getting the right person for the job. It is crucial to understand that job applicants are mostly people that employer’s do not actually employ, but might be able to make an unfair discrimination claim against the employer if the claimant believes he/she was not selected for a job because the employer discriminated against them unlawfully in the recruitment process. When writing the job description and a person specification, the employer should state clearly what tasks the person will have to execute and what skills will be needed for the job. Job descriptions should accurately describe the genuine essential duties and inherent requirements of the job. Personnel specifications should accurately describe the relevant, non-discriminatory and objectively justifiable requirements to be met by the post-holder. Specifications should not have any requirements that are not directly related to the job and it is important for employers to provide evidence that each recruitment and screening practice is job-related and consistent with business necessity. Employers are advised to devise and implement recruitment procedures and guidelines for all staff and applicants involved in the process of recruitment and to ensure that these incorporate the principles of the organisation’s equal opportunity principles. Employers should administer recruitment and other selection procedures without regard to race, colour, national origin, sex, religion, age and disability. Even though South Africa is now governed by a new democratic order, historical workplace inequalities still need to be addressed. Not only compelled to redress inequalities by the Constitution, the South African government was motivated by the International Labour Organisation (ILO) to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Recruitment tests or selection procedures must be job-related and its results appropriate for the employer’s purpose. If a recruitment procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure. The justification of discrimination in recruitment practices and affirmative action is only meaningful if it is targeted towards particular aims. One of the more important defences against unfair discrimination in the workplace is the general fairness defence. The general fairness defence is considered to be an applicable defence based on fairness in situations where the two statutory exceptions do not apply. This means than when one looks at the concept of unfair discrimination it implies that discrimination may be justified in certain circumstances Legislation prohibits discrimination on various grounds especially throughout the process of recruitment and selection. There are limited exceptions to the general principle that it is unlawful to use gender, race, religion or sexual orientation as a criterion in the recruitment process. These exceptions are known as genuine occupational qualifications and the specifications for jobs should be carefully examined to ensure that there are no factors contained that are indirectly discriminatory. Focus must be placed on avoiding indirect discrimination in job factors. In the early stages of the recruitment process, an employee specification should be written that describes the type of person the employer seeks to be appointed in terms of qualifications, experience, skills and personal attributes. The imposition of inappropriate or unsuccessfully high standards or criteria may indirectly discriminate against people from a particular minority or racial group or religion. Employees must have the necessary skills to demand employment equity status especially where a designated employer does not have sufficient affirmative action employees and is obliged to rectify the situation. However, this does not mean that affirmative action applicants must be chosen above non-affirmative action employees. The principle of reversed discrimination stands firm if the motivation for appointing a particular person is based on a genuine desire to promote diversity, to apply affirmative action and to increase the numbers of people from a disadvantaged group in employment, or to create a more balanced workforce.

Section 187(2)(b) of the Labour Relations Act sets out certain justifications for what may seem to be unfair discrimination in the workplace. The purpose of this note is to discuss the provisions of Age Discrimination, with specific focus on the rights of older employees, who have reached, what some might term, the ‘normal or agreed retirement age’. In the discuss which follows reference will be made to the Constitution of the Republic of South Africa1 in order to investigate the provisions of our new democratic era, and what is said therein about discrimination, and age discrimination in particular. In our new Constitutional dispensation there have also been circumstances where certain kinds of discrimination have become accepted on society, for example Affirmative Action, and an enquiry into the difference between discrimination and differentiation will therefore also be necessary. The provisions of the Employment Equity Act,2 which deal specifically with eliminating unfair discrimination in the workplace, and the Labour Relations Act,3 which deals primarily with the rights of employees, employers and trade unions, and seeks to harmonize employer-employee relations will be discussed wherein specific reference will be made to section 187(2)(b) of the LRA. A further discussion will outline the circumstances of what is meant by dismissal in the context of age based dismissals, and whether such a dismissal is infact a dismissal and whether, within the requirements of the LRA such a dismissal, or termination of employment contract, is infact fair. Furthermore, a comparative perspective of other jurisdictions will give a more complete understanding of the issue of age-based dismissals within the current context. However, to refer to legislation and foreign decisions alone, while being of important reference, is not enough and a enquiry into our own case law will be of significant importance to determine a path of direction one can expect when faced with a question of dismissals based on mandatory retirement ages, and in particular, a dismissal which has been so executed with recourse to section 187(2)(b) of the LRA. In the various cases the reasoning and rationale behind the decision making will shed light on a seemingly unresolved area of labour law, and in reading further not only in the judgments but also in various articles, one will see that there are many arguments for and against the use of a mandatory retirement age, the most important of which will be highlighted.

This thesis presents research conducted on work, income, and educational characteristics of disabled people in Canada. This research is specifically concerned with the comparison of gender inequality between the disabled population and the non-disabled population. The research question is 'what is the consequence of disability on gender inequality?'. Using survey data from the 1986 Health and Activity Limitations Survey (HALS) a series of statistical comparisons where made between the non-disabled and disabled populations across a wide range of social and economic characteristics. The statistical research presented includes both cross tabulations and regression analyses. The research concludes that the extent of gender inequality - 'the gender gap' - is comparable between the non-disabled and disabled populations. The stigma of disability does not appear to either diminish nor exacerbate gender inequality in paid work. / Arts, Faculty of / Sociology, Department of / Graduate

This study seeks to explain the observed differences in the earnings of individual Canadians by sex. The study uses data from the micro data file of the 1986 Survey of Consumer Finances of individuals age 15 and over, with and without income. To a large extent, the study follows the examples presented in other Canadian studies conducted by Holmes (1974), Robb (1978), Gunderson (1980), Goyder (1981) and Ornstein (1983). Employment earnings account for an overwhelming proportion of the total income received by individuals. Thus, the examination of the earnings differential attempts to address the root causes of many of the problems faced by nontraditional families. Canadian society is no longer largely composed of the traditional family with a working father and the homemaking mother. The growing number of dual-earner couples, single and childless adults, and households headed by women presents a difficult challenge for social policy. The male-female earnings disparity is a key component in exacerbating problems that include the availability of credit for women, the feminization of poverty, access to affordable and adequate housing, and adequate incomes for retirement. To effectively address the problems that have resulted from the interaction of greater female participation in the labour force and the formation of alternate household types, planners and policy makers need to address the root problem of sexual inequality in the labour force, and not solely the symptoms. In the context of changing family structure and the economic position of women, the focus of this study is to identify the size of the male-female earnings gap, and to determine the extent to which the earnings gap can be explained by personal, work and productivity-related characteristics. The impact of these factors are analyzed from two points of view. First, the impact of individual factors on the level of earnings are analyzed through a simple comparison of mean earnings of men and women across a variety of characteristics. Second, the influence of these factors on earnings, and the degree of inequality between the earnings of men and women, is analyzed using multiple linear regression analysis. Regression analysis is used to estimate separate earnings equations for men and women. From the separate earnings equations, the wage gap can be partitioned into three parts, due to differences in (1) constant terms, (2) mean levels of the independent variables, and (3) the returns of the independent variables. Further, to assess the impact of occupational and industrial segregation on the earnings gap, a second set of earnings equations are calculated that do not include measures of occupational and industrial segregation. The calculations of separate earnings equations for men and women, for the selected sample, produced an unadjusted earnings ratio of 0.66. After adjustments were made for the ten productivity and productivity-related factors considered in the analysis, including occupational and industrial distributions, the ratio increased to 0.79. This left an earnings gap of $5,985 (1985 dollars) that could not be assigned to any of the measured variables. While part of the unexplained residual may be explained by variables not included in the analysis, or by more careful measurement of existing variables, it seems likely that at least 20 percentage points of the earnings gap is attributable to "an amalgam of different forms of discrimination which, taken together, disadvantage women relative to men", (Denton and Hunter, 1982). Discrimination is defined as different returns in earnings for equal productivity characteristics, as given by the regression coefficients. Of the total earnings gap of 34 percent, approximately 60% of this is attributable to wage discrimination, and approximately 40% is due to differences in productivity-related characteristics Occupational and industrial segregation account for a large proportion of the earnings gap. The adjusted earnings ratio, when occupational and industrial segregation are not considered endowments, is 0.69. Thus, the difference between the full-regression equation and the partial regression equation indicates that occupational and industrial segregation accounts for approximately 30% of the earnings gap. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

M.B.A. / Sasol embarked upon an ambitious programme to adopt affirmative action measures for the diversification of the workplace, long before the promulgation of the Employment Equity Act 55 of 1998. However, 8 years after commencing with this process, the organization's diversity status across all the junior, middle and senior management employment levels looks bleak. Despite the good, professed intentions by top management to diversify the workplace; in compliance with the Act, the process is being hindered by strong resistance. Responding to a questionnaire in annexure B on support for affirmative action measures, 98% of white males said they did not support them. The study sought to elicit an answer to the question as to whether the programme was being resisted/opposed or not. Only by uncovering the depth and nature of the resistance, could recommendations be made to accelerate the process. Questionnaires were completed by racially and gender diverse respondents. Overwhelmingly, responses by Africans, Coloureds and Indians indicated resistance to Sasol's type of employment equity practice. This is illustrated by the overall satisfaction index per race in figure 5.4. These designated groups, however, unanimously welcomed the creation of an equitable workplace through affirmative action measures. White males clearly opposed the implementation of affirmative action measures.

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This dissertation consists of three studies on the economics of education and labor economics. The first essay seeks to deepen understanding of high school student engagement and effort response to changes in incentives. Changing the incentives students face is one lever for educators and policymakers to improve student learning in the presence of student disengagement. A statewide postsecondary admission policy which changes minimum college admissions standards for North Carolina high school students wishing to attend college in-state provides a setting to test how student effort responds to incentive structures. Regression discontinuity estimates show that students respond to the admission policy by increasing GPA and decreasing absences and suspensions. These effects suggest an increase in student engagement, however, the boost in GPA is driven by changes in course composition, with students substituting away from more demanding coursework. These unintended consequences of admission policies on student course-taking decisions can lead students to miss important learning opportunities in high school, possibly generating detrimental effects on student postsecondary success. The second essay, coauthored with Hugh Macartney and Eric Nielsen, analyzes the effect of the Great Recession on racial employment inequality in the United States. It is well understood that adverse economic shocks affect workers non-uniformly. We explore a new channel through which unequal employment outcomes may emerge during a downturn: the extensive margin of establishment deaths. Intuitively, workers who are concentrated in less resilient establishments prior to an economic decline will be disproportionately affected by its onset. Using rich employment and establishment data, we show that black workers bore the brunt of the Great Recession in terms of within-industry employment changes arising from establishment deaths. This finding has important implications for the evolution of worker disparities during future downturns. Finally, the third essay, coauthored with Clive Belfield and Brooks Bowden, examines the use of benefit-cost analysis by the federal government on education regulations from 2006 to 2015. Benefit-cost analysis is an important part of regulatory decision-making, yet there are questions as to how often and how well it is performed. Here we examine 28 Regulatory Impact Assessments performed by the federal government on education regulations since 2006. We find many Regulatory Impact Assessments estimated costs, albeit using informal methods, but most failed to adequately report benefits. Also, most studies did not estimate net present value or clearly report methodological assumptions. In reviewing the relatively high quality studies we identified a number of discrepancies from best practice. Most importantly, few Regulatory Impact Assessments attempted a social benefit-cost analysis: Most examined ”administrative burdens” from compliance with legislation. This alternative focus on administrative burdens has significant implications for economic evaluation in practice. Together, these essays advance what we know about higher education policy, labor market policy, and means of evaluating policies in both fields.

This dissertation explored existing tensions between legal structures aimed at achieving justice—specifically, concept of dignity and the concept of equality—and groups not fully recognized under the law (“Liminally-recognized groups”). It approached this tension from a critical perspective on identity, exploring it both in the U.S. and in Israel/Palestine. While not comparative in the traditional sense, the dissertation nevertheless journeyed between both geographies, drawing inspiration from each, and exploring similar questions and their differing (albeit parallel) answers in each locality. It examines the limitations of the concept of equality within anti-discrimination law, stemming mainly from its dependency upon legal recognition. Simultaneously, it similarly explores the perils of dignity-based universal protections, rooted in dignity’s cultural and racial biases. For this purpose, all three chapters center groups in a liminal state of legal recognition—groups that often challenge dominant binaries of sex/race/disability—as a methodological vantage point from which to examine legal systems and orthodoxies. It analyzes law’s ability to see past recognition, and its effectiveness for groups who have yet to meet—and shoulder—the burden of recognition. Simultaneously, it explores the ability of liminally-recognized groups to see past the law, and to seek alternative routes for political power. The first chapter, Coming Out of the Shadows: The Non-Western Critique of Dignity, focuses on the intersection between Mizrahi Jews (i.e., descendants of Jews from Arab and Muslim countries who immigrated to Israel) and the right to dignity, exploring this right’s racialized undertones within Israeli courts. Following a conceptual and cultural exploration of the development of dignity (a universal, status-neutral right) as the antithesis of honor, this chapter questions the strong divide and moral hierarchy between both terms. Applying critical race methodology, methods of close reading, and doctrinal analysis, it analyzes multiple legal cases to explore Western influences on the societal and judicial imagination of Israeli dignity. The chapter concludes by arguing that dignity’s pretense of universality obscures racial biases in its interpretation and application. The second chapter, Whiteness at Work, focuses on U.S. antidiscrimination law and identity groups at the margins of whiteness. The chapter analyzes workplace discrimination cases where whites have sued other whites for racial discrimination. Examining intra-white racial discrimination cases, this chapter demonstrate that they suffer from an under-theorization of whiteness, and from the judicial assumption that race becomes relevant only in instances involving racial minorities. Instead, I argue, courts should recognize instances in which white people police other whites to behave according to racial expectations regarding whiteness as instances of racial discrimination. This could be implemented through Title VII’s stereotype doctrine. Accordingly, discrimination against whites due to their association with people of color, as well as discrimination against poor whites not seen as ‘refined’ or ‘sophisticated’ enough for the workplace, are both instances in which whites are discriminated against for failing to perform their racial identities according to white supremacist expectations. The third and final chapter of the dissertation, Identity at Work, develops a thematic, overarching argument regarding liminally-recognized groups and their place within anti-discrimination law. Following an analysis of various types of liminal recognition under U.S. anti-discrimination law, and the normative case for and against recognition, I examine non-essentializing strategies to promote justice that do not force marginalized communities to leave their narratives of oppression (rooted in sexism, white supremacy, ableism, etc.) at the door, but that also do not force these communities to bind their oppression to a rigid sense of what it means to be who they are. The first strategy focuses on possible readings of anti-discrimination laws that enable recognition of patterns of racism, sexism, etc. without tying them back to specific (recognized) identities. The second strategy highlights the potential rooted in labor law to promote antidiscrimination ideals.