TRENDS IN TERMS OF AFFIRMATIVE ACTION AND EMPLOYMENT EQUITY

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Discrimination against women

Gottfried and Reese (2004: 60) claim that discrimination, particularly on the grounds of gender, is prominent in the workplace. People have pigeon-hole perspectives about the nature of work and the physiognomies of women in the workplace and question the aptitudes of women against the entrenched attributes (astuteness, resoluteness, or assertiveness) customarily ascribed to men(Barnes, 2005: 40). 102 The subject of discrimination is crucial in view of diversity intensification in the workplace, but it is contentious to eradicate all forms of discrimination. Notwithstanding government intervention by affirmative action and employment equity, transformation is marginal since men still dominate in the labour force (Ng & Weiner, 2007: 177).

Definitions of equity

Equity refers to techniques that are exploited to support equal opportunity and warrant fair treatment (Cassim, 2005:653). The concept of equity in higher education signifies the strategies and methods to enable access to those who were disadvantaged (Faakye, 2007: 9). Equity is a fundamental obligation of the public system and signifies equality and social justice in the society (Reimer, 2005: 1). Wheeler (2002:613) asserts that equity remains a dominant subject that draws public attention and support. Equity is one of the underpinning constitutional principles entrenched in the South African education policies. David (2004: 813) argues that the manner in which equity and equality are conceptualized is an intricate matter that ranges over contesting definitions.

The concept of employment equity

The concept employment equity designates equal treatment for all in the labour force by providing employees with the platform to prove their potential irrespective of their social background (Rashid, 2009:1).The term employment equity emanates from Canada and order to articulate the process aimed at accomplishing equality in all facets of employment (Marinoff, 2000:1; Rashid, 2009:1). Mighty (1996:3) describes the term employment equity as a concept that promotes equal compensation for equal responsibilities; equal access and the conditions of service at work; in essence, employment equity signifies equality in the workplace.Portnoi (2005: 352) affirms that employment equity is an ultimate strategy to minimize discrimination and reflect a developed representation of the society.

EMPLOYMENT EQUITY LEGISLATION IN SOUTH AFRICA

In South Africa, the bases for legislation in support of equity policies are laid down in the Constitution, which includes the fundamental right to equality in the Bill of Rights. This forms the basis ofthe Employment Equity Act (EEA) of 1998. However, the Green Paper entitled “Employment and Occupational Equity”, and the Employment Equity Bill of 1997 heralded inthe EEA. Subsequent to the EEA, 106 the Skills Development Act of 1998 was introduced. The next paragraphs consist of a discussion of the views of other scholars before the legislation is scrutinized. The principal aim of the South African Constitution is to remedy the historical prejudice and institute humanity that is constructed on impeccable ethics and human rights.

Constitution of the Republic of South Africa (No. 108 of 1996)

The Constitution of South Africa acknowledges the historical social prejudices and the accompanying dearth of freedom that plagued the country and aims to enhance diversity. The Bill of Rights in the Constitution affirms that everyone is equal. Equality encompasses freedom and all-inclusive rights. Legislative measures to advance those who were unfairly discriminated against should be considered in order to achieve equality. The Bill of Rights further stipulates that no one should be discriminated against on the basis of race, gender, colour, tribal origins, age, disability, religion, and culture (Republic of South Africa RSA, 1996:1).

CONTENTS :

• Declaration
• Dedication
• Acknowledgements
• Abstract
• List of figures
• List of tables
• Abbreviations
• CHAPTER ONE BACKGROUND TO THE PROBLEM, RATIONALE, AIMS AND METHODS OF THE STUDY
  • 1.1 INTRODUCTION
  • 1.2 BACKGROUND TO THE PROBLEM
  • 1.3 RATIONALE OF THE STUDY
  • 1.4 STATEMENT OF THE PROBLEM
  • 1.5 AIMS OF THE STUDY
  • 1.6 RESEARCH METHODS
    • 1.6.1 Literature review
    • 1.6.2 Empirical investigation
    • 1.6.3 Analysis of data
  • 1.7 DEFINITION OF CONCEPTS
  • 1.8 SCOPE AND DELINEATION OF THE STUDY
  • 1.9 THE STRUCTURE OF THE STUDY
  • 1.10 SUMMARY
• CHAPTER TWO TRENDS IN TERMS OF AFFIRMATIVE ACTION AND EMPLOYMENT EQUITY
  • 2.1 INTRODUCTION
  • 2.2 AFFIRMATIVE ACTION
    • 2.2.1 Fears about affirmative action
  • 2.3 AFFIRMATIVE ACTION IN THE UNITED STATES OF AMERICA
    • 2.3.1 Constitution of the USA (1787)
    • 2.3.2 Equal Pay Act (1963)
    • 2.3.3 Civil Rights Act (1964)
    • 2.3.4 Americans with Disabilities Act (1990)
  • 2.4 AFFIRMATIVE ACTION PROGRESS IN THE USA
    • 2.4.1 Advancement of women in the USA
      • 2.4.1.1 Gender pay disparity
• 2.5 EMPLOYMENT EQUITY IN CANADA
  • 2.5.1 Constitution Acts (1867)
  • 2.5.2 Canadian Charter of Rights and Freedoms (1985)
  • 2.5.3 Canadian Human Rights Act (H-6 of 1985)
  • 2.5.4 Canadian Multiculturalism Act (1985)
  • 2.5.5 Federal Contractors Programme of
  • 2.5.6 Canadian Race Relations Foundation Act (1991)
  • 2.5.7 Employment Equity Act (c.44 of 1995)
• 2.6 EMPLOYMENT EQUITY PROGRESS IN CANADA
  • 2.6.1 Advancement of women in the workplace in Canada
  • 2.6.2 An Overview of the Canadian Universities
• 2.7 EMPLOYMENT EQUITY IN AUSTRALIA
  • 2.7.1 Commonwealth of Australia’s Constitution Act (1900)
  • 2.7.2 Racial Discrimination Act (1975)
  • 2.7.3 Equal Opportunity Act (1984)
  • 2.7.4 Disability Discrimination Act (No. 135 of 1992)
  • 2.7.5 Public Service Act (1994)
  • 2.7.6 Equal Opportunity for Women in the Workplace Act (No. 183 of 1999)
• CHAPTER THREE EMPLOYMENT EQUITY: THEORETICAL FRAMEWORK, CONCEPTS, POLICIES AND LEGISLATIVE REQUIREMENTS
  • 3.1 INTRODUCTION
  • 3.2 EGALITARIANISM
    • 3.2.1 The concept of equality
      • 3.2.1.1 Rawls’s principles of justice
• 3.3 THEORY OF LIBERALISM
• 3.4 DISCRIMINATION
  • 3.4.1 Direct discrimination
  • 3.4.2 Indirect discrimination
  • 3.4.3 Discrimination against women
• 3.5 EMPLOYMENT EQUITY
  • 3.5.1 Definitions of equity
  • 3.5.2 The concept of employment equity
• 3.6 EMPLOYMENT EQUITY LEGISLATION IN SOUTH AFRICA
  • 3.6.1 Constitution of the Republic of South Africa (No. 108 of 1996)
  • 3.6.2 Green Paper entitled “Employment and Occupational Equity” (No. 806 of 1996)
  • 3.6.3 Employment Equity Bill (EEB) (No. 68 of 1998)
  • 3.6.4 Employment Equity Act (EEA) (No. 55 of 1998)
  • 3.6.5 CODE OF GOOD PRACTICES (No.1394 of 1998)
    • 3.6.5.1 Policy and Practice
    • 3.6.5.1.1 Policy and practice analysis
    • 3.6.5.1.2 Consultation
• 3.7 OTHER EQUITY LEGISLATION
  • 3.7.1 The Skills Development Act (SDA) (No. 97 of 1998)
  • 3.7.2 Promotion of Equity and Prevention of Unfair Discrimination Act (No. 4 of 2000)
• 3.8 EMPLOYMENT EQUITY IN SOUTH AFRICAN INSTITUTIONS OF HIGHER EDUCATION
• CHAPTER FOUR RESEARCH DESIGN AND METHODOLOGY
• CHAPTER FIVE DATA PRESENTATION AND ANALYSIS
• CHAPTER SIX SUMMARY, RECOMMENDATIONS, AND CONCLUSION

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MANAGING EMPLOYMENT EQUITY IN HIGHER EDUCATION IN SOUTH AFRICA