Racial and gender inequality, as well as other forms of discrimination has been a part of the South African, American and Indian histories for a very long time. Even today racial disparity is still very evident in the South African and American societies whilst discrimination based on caste is still prevalent in the Indian society. This is illustrated by continued racial discrimination and the remaining signs of societal segregation. Due to continuing disparities amongst the people, it became necessary to implement affirmative action programmes. Focusing in particular on education and jobs, affirmative action policies require active measures to be taken to ensure that blacks and other minorities enjoy the same opportunities for career advancement and school admissions that had been the nearly exclusive province of whites in SA and the USA, or for the forward castes in India. Affirmative action has been both praised and denounced, as an answer to racial inequality. One of the key issues that arise when affirmative action is discussed is whether or not affirmative action in fact promotes equality and atones for past prejudices. Another concern is whether the current affirmative action policy is the right policy to use. The issues surrounding affirmative action seems to be universal as are the circumstances. Perhaps the most widespread similarity among the programmes in these very different countries has been that group preferences and quotas are almost always discussed. The debate on affirmative action exists because it is a very divisive issue and it affects different groups of people in different ways, and some groups or persons seemingly benefit more from affirmative action than other persons or groups. In addition, it causes people to be classified into groups, and at the same time, strives to break down group barriers. It is an issue that is difficult to resolve because people have varied ideas about how the problems of racial inequality and historical discrimination should be addressed / Jurisprudence / LLD

The Employment Equity Act, No 55 of 1998 forms part of the transformation legislation aimed at promoting equity and eliminating discriminatory and unfair treatment in the workplace. This Act was promulgated more than ten years ago, and its positive impact has to be measured in terms of its contribution to the conduciveness of the work environment. The aim of this study is to enhance measures for effective implementation of an Employment Equity Programme (EEP) in the Public Service, with specific reference to the Department of Justice and Constitutional Development. The ultimate aim is to identify Employment Equity (EE) measures that will benefit management and employees in enhancing individual performance and productivity. The study focuses on perceptions of employees on how they perceive EEP. As the study progressed it became equally important to determine the alignment and contribution of EEP on Departmental strategic objectives. The results and recommendations will be shared with the Department of Justice and Constitutional Development with a view to ensuring that its EEP is aligned to its strategic objectives, and adds value to service delivery. / Public Administration & Management / M.P.A.

The legislation relating to equal remuneration claims is an area of law which is nuanced and consequently poorly understood. It has posed an unattainable mountain for many claimants who came before the South African courts. This is as a direct result of the lack of an adequate legal framework providing for same in the Employment Equity Act 55 of 1998. The case law recognises two causes of action relating to equal remuneration. The first cause of action is equal remuneration for the same/similar work. The second is equal remuneration for work of equal value. The former is easily understood by both claimants and courts but the latter is poorly understood and poses many difficulties. The aim of this dissertation is fourfold. Firstly, the problems and criticisms regarding equal remuneration claims will be briefly highlighted. Secondly, a comprehensive analysis of the current legal framework will be set out together with the inadequacies. Thirdly, an analysis of international law and the law of the United Kingdom relating to equal remuneration claims will be undertaken. Fourthly, this dissertation will conclude by proposing recommendations to rectify the inadequacies. / Mercantile Law / LL.M. (Labour law)

South Africa is faced with a huge challenge of disability discrimination and inequality. Disabled people are not enjoying equal treatment as compared to others. Those who are on the working sector are not reasonable accommodated. The study examines challenges faced by people with disabilities. The study further submit that people with disabilities should be reasonably accommodated and be retained in the working sector as they have a positive role to play in the economy. The study also looks at the various legislations and argues that they are ineffective as they fail to address the imbalances of the past. The study further suggest that there is a need for all people to understand disabled people and not to isolate them as such stigma cause people with disabilities to be unfairly discriminated against in society and in employment / College of Law / L.L.M (Commercial Law)

Thesis (M.Tech.: Office Management and Technology)-Durban University of Technology, 2005 xv, 129 leaves / The Constitution contains the Bill of Rights, one that is regarded as the corner-stone of democracy, as it enshrines the rights of all people and affirms the democratic values of human dignity, equality and freedom. Section 9(1) provides for the promotion of a society in which diversity of identity is respected and protected. The Employment Equity Act 55 of 1998, stipulates that designated employers implement affirmative action, thereby compelling organizations to eradicate all forms of discrimination in organizational processes and procedures. With such legal measures put in place (Promotion of the Equality Act) acceptance and change within organisations has to be accelerated. The purpose of this study is to explore workplace discrimination against trainees within the Hotel and Catering industries. Workplace discrimination is against human rights and can become a legal violation of Labour laws. Although preventative policies are in place, this study would illuminate the extent to which discrimination occurs, how it has manifested itself, and how students would be affected by this discrimination.

South African universities have embarked upon a wide range of initiatives to foster and acclimatise to new social development needs of the society. A significant area of change involved implementation of employment equity. This study investigated the manner in which universities manage employment equity.The composition of staff in higher education institutions fails to reflect the demographic realities of South Africa.As a result, black people and women are still severely under-represented, especially in senior academic management positions. Universities are slowly, but steadily redirecting their student bodies and staff to reflect the demographics of South African society applying fragmented effort and piecemeal approach. The “as is” statistical reports obtained from the Department of Labour were used to substantiate the progress being made in the selected universities. Quantitative research methods were employed to collect data. University of Pretoria, University of Witwatersrand, and Free State University were selected as the population and the academic managers (Heads of Departments, Directors of Schools, and Deans of Faculties) as the sample of the study. The study finds that white males still dominate in the universities and white females are adequately represented, particularly in the professional and academic categories. The academic managers responded less positively on retention strategies for academic staff, especially for the designated groups and the functionality of employment equity awareness campaigns. The study also outlined the success of employment equity factors that the academic managers indicated, such as their loyalties to the institutions, prospects of career development, and collegial relations. The study recommended proficient leadership to drive the employment equity process, development of employment equity strategy with reasonable goals, diversity management, retention strategy, and vigorous employment equity awareness. / Educational Leadership and Management / D. Ed. (Education Management)

South Africa comes from an apartheid local government system that was structured to divide the citizens socially, economically, spatially and racially to ensure that only a small minority of South Africans benefited from the development and the resources of this country. Since 1994 government departments have undergone a number of transformation processes. The Employment Equity Act 55 of 1998 and affirmative action became instrumental in ensuring racial and gender representation within the local government structures. This study investigates the perceptions of racism, nepotism, fraud and other related problems which were perceived as a hindrance towards the effective implementation of affirmative action. The main findings of the study confirm that the implementation of affirmative action in municipalities is not effective due to lack of commitment from top management. It is anticipated that the implementation of Local Government Systems Amendment Act 7 of 2011, will enforce service delivery within municipalities. / Public Administration & Management / M. Tech. (Public Management)

Thesis (MPhil)--University of Stellenbosch, 2003. / ENGLISH ABSTRACT: Since 1994 South Africa has undergone numerous social and political transformations. Transformation in this country has different meanings for different people, depending on the individuals perspective. The process of transformation has been slow for some, particularly those people who are eager to break away from a past, which has denied them basic individual rights. For others transformation has been too fast and thus a threat to their status quo. In view of this, transformation must be embraced by all through the realisation and admission that the apartheid era was inherently unfair to sections of the population and change must therefore be regarded as the levelling of the playing field. This study focuses on the generation of inequality, the uprooting of this evil and the implementation of equity. In addition, this study particularly focuses on how equity can be implemented in the workplace, why it is important to do so and what are the possible barriers to successful implementation. I will consider some of the theories that may be useful in initiating change. Finally, I will discuss the merits of the Employment Equity Act as legislation to enforce equity in the workplace. / AFRIKAANSE OPSOMMING: Vanaf 1994, het Suid Afrika verskillende sosiale en politieke veranderings ondergaan. Hierdie veraderings het verskillende betekenis vir verskillende mense, afhangend van die individuele se insig. Die proses van veranderings was te stadig vir sommige persone, veral diegene wie angstig was om weg te breek van die verlede, wat hulle ontneem het van hulle basiese individuele regte. Vir andere was die veraderings veels te vinning en was meer 'n bedreiging vir hulle onveranderlike hoë belangrike posisies. Met hierdie faktor insig, moet veranderings omhels word deur almal se opregte beseffing en erkenning dat die apartheid jare se alleen regte vir die een groep baie onregverdig was teenoor die ander groepe, dus moet veranderings aanvaar word as gelykmaking van alle onreelmatinghede. Hierdie studie is die fokus gerig op die jare van vasgevangheid in onregverdigheid en dat hierdie ongeregtigheid kan ontwortel word met die aanbeveling of vervangs van geregtigheid. Die fokus lê veral klem op hoe om gelyke regte by die werksplekke toe te pas.

Thesis (MPA (School of Public Management and Planning))--Stellenbosch University, 2008. / South Africa comes from an apartheid local government system that was structured to divide citizens socially, economically, spatially, and racially to ensure that only a small minority of South Africans benefited from development. However since 1994 with the democratisation of our country, local government departments have undergone a number of transformation processes, which saw the country steadily moving away from the apartheid local government system. Representation is one of the main foundations of a non-racist, non-sexist and democratic society and achieving it is regarded as a necessary precondition to legitimise the public service to drive it towards equitable service delivery. The most prominent response to achieve a representative public service was the Employment Equity Act (No 55 of 1998), which became operational on 9 August 1999. Essentially the Act calls for a complete prohibition of unfair discrimination against all employees and requires that all designated employers undertake affirmative action measures to ensure that suitably qualified people from designated groups have equal employment opportunities. There are therefore many arguments in favour of AA and many against it, making it a formidable and complex task, especially in the South African context. However it is important to understand the reason for enactment of employment equity legislation in the workplace in terms of South Africa‟s history of discrimination and the resultant inequalities. The manner in which employment equity and affirmative action is introduced and handled in the organization can have a great influence on the perception and attitude of staff towards the topic. It therefore becomes imperative to grasp the understanding of staff on employment equity and related issues to measure if any progress was made and how to possibly improve on present practices in the organisation. Against this background this study investigated the perception and attitude of the City of Cape Town Health staff towards employment equity. The requirements of the EEA were discussed and used as the benchmark for success of implementation. The study included the review of relevant secondary sources of information but primary data was also obtained through the use of questionnaires comprising of semi structured questions to achieve this objective. The main findings from the secondary data revealed that AA is still necessary as a corrective tool, because our playing fields are far from leveled, however the reality is we have a great shortage of skills that is impacting on our global competitiveness which calls for a shift in thinking regarding the government‟s present approach. 4 In addition the research also identified as a designated employer, the City of Cape Town has fulfilled the legislative requirements, in that all its policies are consistent with the requirements of the EEA. The main findings of the primary data obtained from the questionnaires recognized that senior management of the City Health directorate is committed to EE, but falls short of an effective communication plan regarding the relevant issues of EE, there is little focus on disabled appointments and many employees indicated other criteria outside 'suitably qualified' (as defined in the EEA) plays a large role in the promotion of employees.

Thesis (MEd )--Stellenbosch University, 2011. / ENGLISH ABSTRACT: Employment in capitalist society forms the foundation of social, economic and political order where most individuals between the ages of 18 and 65 are assumed to be in a position to procure gainful employment in their areas of personal interest. Despite the move to democracy, based on the principles implicit in the Human Rights Movement, individuals with disabilities continue to exist as among the most economically disadvantaged groups in society where they are subject to the sustained effects of discriminatory and prejudicial attitudes in the workplace. This is compounded by the pervasive impact of lack of skills development; poor access to education and training; lack of awareness from employers; disabling environments and poor policy development. The purpose of this narrative inquiry was to explore the alternative stories of six individuals with disabilities who are currently employed in the mainstream labour sector as a means to gain insights into individual experiences of obstacles and facilitators to inclusion in the world of work. A narrative inquiry approach, embedded in a critical, emancipatory research paradigm formed the methodology for this study. This thesis was considered through the lens of an integrated theoretical approach, drawing on poststructuralist and social constructionist thought, interspersed with "episodes" of Lacanian psychoanalysis to attend to aspects of internalized oppression. Six individuals with disabilities, employed in the mainstream labour sector, were selected from three sites, using a purposive sampling method. Data were collected by way of two in-depth unstructured narrative interviews, constructed by way of personal experience stories (Squire, 2008; Riessman, 1993) and life stories (Atkinson, 1998) as a means to explore participants‟ unique life experiences and how they have constructed and asserted their professional identities in the world of work. A dual analysis process (first descriptive, then interpretive) was employed to bring structure and interpretation to the collected texts. Descriptive analysis involved the re-telling of participants‟ personal experience and life stories, using Clandinin and Connelly‟s three dimensional narrative inquiry space, whilst interpretive analysis sought to attend to the universal stories of disability using thematic analysis and synthesis. The key messages from the narratives revealed that in spite of the fact that many individuals with disabilities demonstrate immense loyalty, low rates of absenteeism, commitment and a range of skills, talents and abilities, disability continues to be conceptualized as an inferior status which inevitably creates widespread marginalization due to the pervasive effects of stigma, fear and ignorance. Many are not privy to vital education and training options as a precursor to entry into the labour market, and unequal salary structures, environmental barriers and physical accessibility are additional constraints which preclude full and equal participation in the mainstream labour sector. This study identified the efficacy of narrative inquiry etched within an integrated theoretical approach as the promise that disability studies has been waiting for. A crucial step in re-writing the historically disabling scripts related to the “disabled identity”, as a means to lobby for more inclusive strategies in the workplace, involves truly listening to the polyphony of individual voices from an emancipatory perspective. / AFRIKAANSE OPSOMMING: Gelyke werksgeleenthede en indiensneming vorm die grondslag van die sosiale, ekonomiese en politieke bedeling in 'n kapitalistiese samelewing. Die aanname is dat die meerderheid individue tussen die ouderdomme van 18 en 65 besoldigde betrekkings kan beklee waarin hulle belangstel. Ten spyte van die verskuiwing na 'n demokrasie wat gebaseer is op die beginsels van die Menseregtebeweging, is individue met gestremdhede steeds deel van 'n ekonomies benadeelde groepering as gevolg van diskriminasie en vooroordele in die werksplek. Hierdie situasie word vererger deur die deurlopende impak van 'n tekort aan vaardighede, beperkte toegang tot onderwys en opleiding, werkgewers se beperkte bewustheid van individue met gestremdheid se behoeftes en potensiaal, ontoeganklike werksomgewings en leemtes in beleidsontwikkeling. Die doel van hierdie narratiewe ondersoek was daarom 'n verkenning van alternatiewe verhale van ses individue met fisiese gestremdheid wat werksaam is in die ope arbeidsmark ten einde insig te kry in hul individuele ervarings van hindernisse en ondersteuning in die werksplek. Die metodologie van hierdie studie kan tipeer word as 'n narratiewe ondersoekbenadering wat gevestig is in 'n krities-emansipatoriese navorsingsparadigma. Die lens van die studie was dus 'n geïntegreerde teoretiese benadering van post-strukturalistiese en sosio-konstruksionistiese denke en "episodes" van Lakan se psigoanalise om aspekte van geïnternaliseerde onderdrukking te verstaan. Ses individue met fisiese gestremdheid wat werksaam is in die ope arbeidsmark is doelbewus gekies uit drie werksplekke. Data is gegenereer deur twee ongestruktureerde narratiewe onderhoude in die vorm van vertellings oor persoonlike ervarings (Squire, 2008; Riessman, 1993) en lewensverhale (Atkinson, 1998). Die deelnemers se unieke lewenservarings en hul konstruksie en handhawing van hul professionele identiteit in die werksplek was die fokus van die datagenerering. 'n Tweeledige proses van analise (eers beskrywend, daarna interpreterend) is gevolg om die teks te struktureer en te interpreteer. Beskrywende analise, gebaseer op Clandinin en Connelly se driedimensionele narratiewe ruimte, behels die oorvertel van deelnemers se persoonlike ervaring en lewensverhale. Die interpreterende analise daarenteen gebruik tematiese analise en sintese van die universele stories. Die sentrale tema van die narratiewe is dat gestremdheid steeds gekonseptualiseer word as minderwaardig, ten spyte van hierdie individue se ongekende lojaliteit, min afwesigheid, toegewydheid en omvang van vaardighede, talente en vermoëns. Die stigma, vrese en onkundigheid wat daarmee gepaard gaan lei tot marginalisering. Baie persone met gestremdhede het steeds nie toegang tot onderwys en opleidingsgeleenthede nie en voldoen dus nie aan die vereistes wat gestel word vir toegang tot die arbeidsmark nie. Oneweredige salarisstrukture, hindernisse in die omgewing en fisiese toeganklikheid belemmer volledige en gelyke deelname in die ope arbeidsmark. Hierdie studie bevestig die bruikbaarheid van narratiewe navorsing en 'n geïntegreerde teoretiese benadering in gestremdheidstudies. 'n Belangrike stap is die herskryf van die historiese beskouings van onbekwaamheid en “gestremde identiteit” as 'n poging om te onderhandel vir meer inklusiewe strategieë in die werkplek. Dit behels opregte luister na die individuele stemme vanuit 'n emansipatoriese perspektief.