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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
41

Disability, discrimination and equal opportunities : a comparative labour law study

Harmse-Truter, Laurentia 16 August 2012 (has links)
LL.D. / This study aims to investigate the different ways in which the position of people with disabilities can be addressed. Antidiscrimination legislation can play a very important role. Efforts to create equal opportunities must, however, not be limited to legislative initiatives and policy declarations. There is an urgent need for education and training of this minority group. 7 Systematic efforts to heighten public awareness of civil rights and in particular the recognition of the rights of the disabled community are imperative. This study aims to bring home the truth that "disability rights are an idea and ideal whose time has come. ,, When addressing the issue of disability discrimination (or for that matter any kind of discrimination) several principles need to be addressed, the most important being the following: The meaning of the concept of "equality" needs to be established. The fact that all people are equal, does not necessarily mean that all people must be treated the same. When speaking about disability discrimination one must know who forms part of the protected class. For that reason the first issue that must be addressed is the definition of "disability": This leads to the next question, namely which individuals should be protected by anti-discrimination laws and should they benefit from affirmative action measures? What is meant by the term "discrimination"? Is it at all permissible to distinguish between groups of people and, if so, when and which standards are to be applied? What role can anti-discrimination legislation fulfil in the struggle for equality? When dealing with anti-discrimination legislation, what is required in order to prove discrimination and what remedies must be available to an aggrieved party? Normally, in case of criminal action proof is required beyond reasonable doubt and in case of civil action on the balance of probabilities. 10 Civil action offers more effective remedies, but should it be punitive in nature (by awarding damages to the aggrieved party) or non-punitive (by putting the aggrieved party in his/her "rightful place")? What sort of enforcement mechanism is needed? Is it a task for the ordinary tribunals or rather a special body created for that purpose? What defences should be available to an employer accused of discriminatory practices? Who should benefit from enforcement? Only the individual victim or all members of that group? Is anti-discrimination legislation sufficient or is something in addition called for? If positive measures are required, what form must these measures take? This study will address these questions specifically with relation to people with disabilities.The "equality principle" will first be studied. Thereafter the concept of "disability" will be defined. There is a movement away from a medical model of disability towards a social model that takes account of the disabling effects of attitudes and structural barriers on the position of disabled people. Then the concept of "discrimination" will be addressed. Discrimination has many different forms and can take place in different contexts In the following chapter possible solutions to the problem of disability discrimination will be raised. Thereafter follows an important comparative analysis of different jurisdictions on international, supra-national and national level. Different jurisdictions have reached different stages in addressing this problem. The factual analysis of each jurisdiction will include the existence of any anti-discrimination legislative measures, the scope of the protected class, applicable employment provisions, defences available to employers, and the success achieved in addressing the problem. The contentious issue of affirmative action measures will also be addressed. By drawing inferences from the comparative study, suggestions will be made for future developments in South Africa. The conclusion is reached that it is imperative for South Africa to draft disability anti-discrimination legislation that takes account of the needs of this minority group. Legislative initiatives, however, are not enough and must be supported by various programmes aimed at the disabled themselves and the community that they live in. Only then can human rights become a reality also for people with disabilities.
42

Reasonable accommodation under the Americans with Disabilities Act of 1990

Dell, Jodi B. 26 July 1993 (has links)
The Americans With Disabilities Act (ADA) of 1990 requires that employers provide "reasonable accommodations" for qualified individuals who have a disability, provided that doing so does not result in "undue hardship". There are several guidelines that employers have been given to evaluate the reasonableness of job accommodations. Unfortunately, these guidelines have been criticized as being vague and ambiguous. Specific factors considered when determining whether or not to grant an accommodation under the ADA have yet to be examined in psychological research. The current study evaluated the impact of cost of accommodations, position level of the employee, and attitudes of raters for their effects on judgements of the reasonableness of requests and on subjects' likelihood of honoring requests. Results showed that accommodations were rated as more reasonable and were recommended to be honored more often for higher level positions than for lower level positions. Measures of attitudes toward disabled persons, both in general and in the workplace, did not have many significant correlations with the dependent measures. Implications of the findings and ideas for future research are discussed.
43

The efficacy of learnerships for people with disabilities in the Western Cape

Merrill, Tamara January 2012 (has links)
Despite efforts to promote increased employment, people with disabilities are considerably underrepresented in the workplace. As a flagship model of skills development, the researcher conducted a longitudinal study of learners with disabilities and Learnership stakeholders to identify successes, challenges and long-term outcomes of a Western Cape Learnership. The research relies heavily upon the experiences of the Learnership stakeholders, particularly learners with disabilities, to articulate how experiences are impacted by the model design as well as societal factors. What is revealed is a social and political context whereby the artefacts of the past amalgamate with present actions of redress, which impact strategies to better prepare learners with disabilities to integrate into the formal economy. The findings examine the impacts of Learnership design and implementation; interconnectedness between disability, race and poverty; influence of government and policy; and overall efficacy.
44

Evaluation of employment opportunities for people with disabilities in Joe Gqabi District of the Eastern Cape

Giwu, Pumeza January 2013 (has links)
Even though the post-apartheid democratic government introduced a “social model” approach to address disability, there is still low employment rate of People with Disabilities. Government has enacted different legislation aimed at the inclusion of people with disabilities into the mainstream of society; however, the majority of people with disabilities are unemployed and often denied employment opportunities. The study seeks to evaluate employment of people with disabilities, identify challenges facing the government departments and local municipalities in employing people with disabilities, and to determine what measures can be taken to improve the employment of this group. A purposive sampling was used to select the government departments and the municipalities. A total of seven organisations, participated in the study consisting of four government departments and three local municipalities of the Joe Gabi District. During the interviews, a semi-structured interview guide was used to generate in-depth interpretation from the participants. The data was then analysed using quantitative methods such as graphs and tables and qualitative methods such as data coding through Tech's (1990) framework as described in (Creswell, 2003). The findings of the research revealed that government departments and municipalities still experience challenges in recruiting and providing employment opportunities to people with disabilities. There are a number of factors perceived by participants as challenges to low recruitment and employment of people with disabilities. These include: A lack of clear internal policies and guidelines at district levels of the government departments; Tendency by the government departments and municipalities to use the Employment Equity Plans only as a tool for compliance with legislation; A lack of effective recruitment strategies especially for people with disabilities. The participants also suggested a number of ways to improve employment and recruitment of people with disabilities, which include partnering with relevant organisations that could help in providing work-seekers who are persons with disability, developing effective internal recruitment strategies, HR managers to be trained in disability management and all relevant legislation and finally departments to fund posts specifically for people with disabilities.
45

The Perceived Role of the Post-Secondary Transition Team Leader in Special Education in Texas

Davenport, Billy Gene 05 1900 (has links)
The role for the transition team leader (TTL) has not been formalized at the state level in Texas. The purpose of this study was to determine the current perceptions of the public school superintendents in Texas for the roles, responsibilities, and functions of the TTL. The framework of the survey questionnaire was based on eight categories of expertise for the TTL derived from a review of the literature and from professional experience in preparing handicapped individuals for the world of work. The findings are listed as desirable and undesirable characteristics for the role or job description of the TTL. The desirable characteristics for the role of TTL were viewed as: (a) having experience with handicapped populations, (b) having skills to supervise others, (c) being a liaison between agencies, (d) making program adjustments as needed, (e) providing training, (f) knowing how to explain the transition program to staff, (g) being a liaison with parents, (h) being a liaison with community employers, (i) knowing pertinent regulations, (j) knowing the characteristics for each of the handicapping conditions, and (k) knowing the options and barriers to transportation for handicapped individuals in the community. The least desirable characteristics identified with the role of the TTL were: (a) The need for certification of the TTL, (b) making curricular changes at the elementary level, (c) the TTL as the Educational Diagnostician, (d) the TTL as a parent of a handicapped individual participating in the transition program, and (e) the TTL encouraging severely handicapped individuals to remain in the public schools until the maximum age of 21. These categorical data were grouped by ESC area with urban, suburban, and rural demographics. These data were analyzed by a three-way ANOVA design and significant differences were found by category, by ESC area, and by population designation. The public school superintendents have perceived the role of the TTL as a new position, community-based, community-oriented, transferable, and requiring no additional certification procedures.
46

Survey of Texas Secondary Transition and Employment Designees' Use of Evidence-Based Practices

Park, Nicole M. 12 1900 (has links)
The role of transition providers' knowledge of evidence-based practices (EBPs) in secondary transition can only be understood in the context of the dismal post-secondary outcomes of students with disabilities (SWD) and the need for bridging the research-to-practice gap among secondary transition practitioners. A sample of 1,163 Texas Employment Designees (TEDs) were surveyed about their knowledge of secondary transition EBPs. The study examined the psychometric properties and theoretical factor structure fit of a modified version of the Mazzotti and Plotner's Use of Secondary Transition EBPs survey and identified significant effects of TEDs' characteristics on their capacity for implementing secondary transition EBPs (F(9, 110) = 2.16, p = 0.03). Psychometric validation of the instrument indicated overall reliability and internal consistency of the modified instrument in measuring both knowledge and use of EBPs in support and direct provision of transition services (Cronbach's alpha of 0.99). Principal components analysis (PCA) and exploratory factor analysis (EFA) returned a simple one-factor structure. A composite score was developed for the single factor of "capacity", and a subsequent analysis was conducted to determine a relationship between the demographic factors and the overall capacity scores of respondents (n = 198). Study limitations and need for further research are discussed.
47

Predictors of attitudes and turnover intentions in people with disabilities: The importance of means-efficacy

Schmierer, Naomi Charity 01 January 2005 (has links)
This study surveyed 107 working college students with varying disabilities. Individual, job, and organizational characteristics were evaluated for their ability to predict job satisfaction, organizational commitment, and turnover cognitions. One area this characteristic that was explored was that of an individual's perception of organizational resources related to legally mandated reasonable accommodations. Using hierarchal regression this study found that self-efficacy, job characteristics, and means-efficacy were key predictors of job satisfaction. Means-efficacy was the only one of these that was a predictor of turnover intentions.
48

What policies can the United States implement in order to improve its efforts to transition those with learning disabilities into the workplace

Jones, Gregory Allen 01 January 2008 (has links)
The purpose of this project is to examine what strategies can be devised to transition those with learning disabilities into the workforce. This is accomplished by a qualitative review of the history of educational policies and programs used in England, France, Russia, China, Hong Kong, Kenya, and Nigeria. These strengths and weaknesses are compared with the history of policies implemented in the United States, to see what strategies can be used to affect policy changes that will better the chances for employment for those with learning disabilities.
49

Disability discrimination and undue hardship within the working environment: a critical analysis

Nxumalo, Lindani Goodman 07 1900 (has links)
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)
50

The employment experiences of an adult with Down Syndrome

McAllister, J. N. 12 1900 (has links)
Thesis (MEdPsych (Educational Psychology)--Stellenbosch University, 2008. / The research aims to investigate the employment experiences of a South African adult with Down syndrome, and to explore whether this improves the quality of life for this adult across several areas of functioning. This qualitative research design is situated within an interpretive research paradigm. A Case study method was used. Data have been produced using multiple sources and techniques to enhance validity. These include interviews, observation, field notes and questionnaires. Full account has been taken of ethical considerations. The case study shows that this adult with Mosaic Down syndrome and intellectual disability, who is permanently employed in the open labour market, is seen as an asset by the company. Training and support have benefited him and extra supervision and attention needed are minimal. His skills, attitudes, and family support have also enhanced his quality of life. This adult's employment experiences have contributed to a culture of acceptance of and openness to intellectual disability in the formal industrial sector. This is an example of what can be accomplished regardless of intellectual disability. As this is a case study the generalisation of the findings are limited.

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