Indirect discrimination against women in the workplace.
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Date
1997
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Abstract
This dissertation focuses on indirect discrimination against women in employment.
It briefly examines the causes of discrimination against women in the workplace.
Further it explains the concept of indirect discrimination by tracing its origins in the
United States of America and analyses the development of the law of indirect
discrimination in the United States until the introduction of the Civil Rights Act of
1991. This analysis involves an examination of the elements involved in proving an
indirect discrimination claim and the problems experienced in doing so. The British
indirect discrimination laws and cases are then examined to the extent to which
Britain deviates from the American approach. The comparative law discussion will
indicate the problems that have become an inherent feature of indirect discrimination
cases. The problematic nature of proving indirect discrimination necessitates a
discussion of the common types of conditions and requirements that indirectly
discriminate against women. It is against this background that the present South
African legislation on indirect discrimination in employment is analysed and case
developments reviewed. Finally, the proposals of the Green Paper on Employment
Equity are examined. The recommendations for the introduction of a comprehensive
discrimination statute; the introduction of an independent commission; and the
formulation of a Code of Good Practice that will provide guidelines to employers, are
supported. Further, recommendations are made for a flexible discrimination legislation
that provides a broad legal framework which allows for development of the law; the
necessity to address issues regarding administration and costs involved in
implementing this legislation; the introduction of additional funtions of the
independent commission relating to training and access to the law; and the adoption
of a statutorily enforced affirmative action policy that addresses the inequalities faced
by women in employment.
Description
Thesis (LL.M.)-University of Natal, Durban, 1998.
Keywords
Sex discrimination in employment--Law and legislation--South Africa., Women--Employment--South Africa., Theses--Law.