Thesis (Ph. D.)--University of Arizona, 2004. / Includes bibliographical references (leaves 261-279).

Thesis (Ph. D.)--Ohio State University, 2009. / Title from first page of PDF file. Includes vita. Includes bibliographical references (p. 152-170).

Thesis (Ph. D.)--University of Wisconsin--Madison, 1984. / Typescript. Vita. Description based on print version record. Includes bibliographical references (leaves 66-70).

Thesis (M.Psych.Org.) - University of Queensland, 2005. / Includes bibliography.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1978. / Vita. Includes bibliographical references (leaves 397-404).

Thesis (Ph. D.)--Ohio State University, 2006. / Title from first page of PDF file. Includes bibliographical references (p. 96-98).

Thesis (Ph. D.)--Psychology, Georgia Institute of Technology, 2008. / Michele Ingram Mobley, Committee Member ; Sara J. Czaja, Committee Member ; Ruth Kanfer, Committee Member ; Arthur D. Fisk, Committee Member ; Wendy A. Rogers, Committee Chair.

South Africa’s history as a nation is replete with examples of inequality and unfair discrimination. The working arena was no exception to the rule. In fact, it was one of the areas where inequality was most prevalent. Discriminatory legislation was promulgated under the Apartheid regime. These laws enforced differential treatment of employees along racial lines. After 1994, the newly democratic South Africa, through the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter referred to as the “Constitution”), regarded all people as equal before the law and entitled to equal benefit and protection under the law. National legislation was subsequently promulgated to give effect to this constitutional objective. The Employment Equity Act 55 of 1998 (hereinafter referred to as the “EEA”), specifically, gave effect to all employees’ constitutional right to equality in the workplace. Under the EEA, unfair discrimination was forbidden. The EEA also required employers to implement measures to eradicate the injustices of the past. Subsequent to the enactment of the EEA, the Courts reiterated two tests to determine whether unfair discrimination had taken place in the workplace. It also tested whether an affirmative action measure could justify such unfair discrimination. These two tests, referred to in Harksen v Lane NO and others (CCT9/97) [1997] ZACC 12 (11) BCLR 1489 (CC) (Hereinafter referred to as the “Harksen test”) and Minister of Finance v Van Heerden 2004 (11) BCLR 1125 (CC) (Hereinafter referred to as the “Van Heerden test”), were unfortunately applied by the Courts in an inconsistent manner. This created confusion about which test found application in specific circumstances. The Constitutional Court then clarified the confusion through the South African Police Service v Solidarity obo Barnard (2014) ZACC 23 (CC) (Hereinafter referred to as the “Barnard” decision”). It is important to note that this study does not seek to evaluate the correctness of the Barnard decision, nor does it consider the cases prior to the Barnard decision. Rather, this study considers the extent to which the Barnard decision informed later cases dealing with unfair discrimination and affirmative action. In the remaining chapters of this treatise the writer will attempt to answer this question as follows: In chapter two, the legislative framework applicable to issues of unfair discrimination and the application of affirmative action is discussed. Chapter three comprises of a detailed analysis of the Barnard decision. In chapters four and five the writer investigates how the Barnard decision informed four recent cases concerning affirmative action and unfair discrimination in the workplace. These discussions enabled the writer to, in the final chapter; conclude that all four cases were indeed informed by the Barnard decision. The Department of Correctional Services case, however, reiterated the Barnard decision to its fullest extent.

During the apartheid era black people were systematically excluded from all positions of influence in the state and civil society. The majority of senior posts in government were held by whites, in particular, white males. Women and people with disabilities were similarly disadvantaged and marginalised, particularly those from black communities. With the new post-apartheid dispensation, the democratic government took a conscious decision to change that situation. It is against this background that that the Employment Equity Act (EEA) was introduced in 1998. The two main aims of the Act are: to achieve employment equity by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and to implement the affirmative action measures, to redress the disadvantages in employment experienced by designated groups in order to ensure their equitable representation in all occupational categories and levels in the workforce. The implement of EEA in the Eastern Cape Department of Transport (ECDOT) has so far not been very successful as the Department still has not managed to meet the set targets. According to their Employment Equity Plan (EEP), the senior management level (SMS) is still dominated by males. Although the situation is slightly better at the middle management level, it is still far from being ideal. The lower ranks are dominated by females. With regard to people with disabilities (PWDs) the Department is still far from meeting their 2% target. The purpose of this research was to determine if the ECDOT has been able to implement the dictates of the EEA. It aims to look at ways in which the EEA can best be implemented in order to ensure that the desired results are achieved. This study was prompted by the fact that the ECDOT has not managed to reach the EEA targets in hiring people with disabilities (PDWs) and elevating women to senior positions. The study explored the views of the employees of the Department regarding the implementation of EE. It was conducted using the quantitative approach. 90 employees were asked to respond to a structured questionnaire designed by the researcher. The findings of the study indicate that although in some areas the Department has been able to successfully implement EE, issues of racial equity, diversity, infrastructure conducive for people with disabilities, recruitment practices, and management commitment still need to be improved on. The study recommends, amongst others, that managers should provide leadership in the implementation process, more recruitment sources should be explored, suitable infrastructure must be provided, diversity issues must be addressed through workshops and training sessions, employee participation needs to be ensured, and that feedback must always be provided to EE beneficiaries in order to keep make sure they remain within the organisation and continue to improve.

This thesis is an attempt to describe and explain occupational segregation by sex as evidenced by 1961 Canadian census data. Previous writers discussed the ethical question of whether men and women should be occupationally segregated or whether they should receive equal pay for equal work. This literature is reviewed. Irrespective of ethical issues, if men and women are equally productive but unequally paid, why should a profit maximizing firm hire any but the cheapest labour? This problem is known as Cassel's paradox. Previous attempts to resolve Cassel's paradox included the use of simple supply and demand models, barriers to competition, theories of monopsony, human capital theory and adjustments for quality differences. These approaches are criticized and alternative concepts of discrimination are reviewed. For the purpose of the thesis, statistical discrimination is defined as a situation in which employers draw inferences about productivity from unalterable attributes of individuals even though the attributes are not correlated with productivity. A model of occupational segregation by sex is developed that permits analysis of statistical discrimination. Employers are assumed to hire labour under uncertainty as to its qualifications. Hiring is assumed to involve a cost. Each occupation is characterized by the traits required to perform in the occupation. The probability that a person is qualified for an occupation is assumed to depend on the traits required for the occupation and the person's sex. From these assumptions the derived demand for the male-female employment ratio by occupation is determined as a function of employer investment, male and female wages, and the required traits. Statistical discrimination is said to be indicated if a trait is significantly related to the male-female employment ratio and yet there is no significant difference in its distribution by sex. A correlation coefficient of 0.78 is found in a relation between the logarithm of the male-female employment ratio and thirteen independent variables including a proxy for employer investment, the wage ratio, the male-female education ratio and ten traits. The education ratio, included in the regression analysis to adjust for quality differences, has the greatest impact of any variable. Its negative coefficient is opposite in sign to what was expected. It is possible that the negative education coefficient indicates discrimination. Data was not available for the actual distribution by sex for five of the ten traits. Three of the remaining traits, numerical aptitude, spatial aptitude and form aptitude, indicate the presence of statistical discrimination. The need for further research on how stereotypes affect occupational segregation is suggested by this study. / Arts, Faculty of / Vancouver School of Economics / Graduate