Abstract
Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labor market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labor market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labor market.
Highlights
South Africa has been characterised by great number of discriminatory practices in the past, some of which still persist today
This paper aims to discuss the employment discrimination experienced by persons with disabilities in South African workplaces
It has been argued that 'the marginalization of persons with disabilities still arises in large part from biased attitudes and a lack of awareness and knowledge rather than from a lack of economic resources alone, yet persons with disabilities remain among the most vulnerable and marginalized'.17. Such perceptions act as an effective bar to persons with disabilities to meaningfully participate in and contribute to the South African economy, thereby making it difficult for them to be provided with fair opportunities to realise their full potential
Summary
South Africa has been characterised by great number of discriminatory practices in the past, some of which still persist today. Even though a fair amount of attention has been given to discrimination relating to race[1], religion[2] and gender[3], not much has been accorded to disability discrimination, in the workplace.[4] Inequality, discrimination and transformation remain the key challenges which most employees are faced with in the South African Labour Market. Jurisprudence of the United States of America as well as to guidelines provided by the United Nations regarding the universal rights of persons with disabilities This will be done to assess if South Africa is in line with international developments with regard to the prohibition of discrimination against persons with disabilities in the labour market. I will be arguing that persons with disabilities have a role to play in developing the South African labour market and that their skills should be enhanced and utilised without being unduly discriminated against on the grounds of their perceived disability
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