Affirmative action for people with disabilities in the South African workplace : compliance and enforcement.

Abstract

This study is concerned with affirmative action for people with disabilities in the South African workplace with a focus on compliance and monitoring. Affirmative action is a temporary means to promote equality. In South Africa, the concept of affirmative action is constitutionally recognized in the form of substantive equality. This dissertation examines whether or not employers are complying with the Employment Equity Act by implementing affirmative action. It also seeks to determine whether affirmative action is enforced by the Department of Labour and the courts. The methodology involved a review of the relevant literature, legislation and policies on employment equity and an analysis of case law. The study found that affirmative action is not implemented correctly by most employers and that there is little enforcement. It recommends that employees with disabilities, and trade unions, should challenge employers who are not complying with the Employment Equity Act.