Chapter 6 - Affirmative Action Flashcards
6.1 Introduction
6.2 Origin of affirmative action OEBPCA
Affirmative action ORIGINATED in the U.S. to support equal labor rights - through the Wagner Act of 1935
The Equal Employment Opportunity COMMISSION was the main body created to enforce non-discriminatory practices.
However, there was ncreasing BACKLASH against affirmative action in the U.S., with some states banning the practice.
In the U.S., affirmative action is aimed at minorities who are POLTICALLY non-dominant, contrasting with South Africa’s approach.
> “politically non-dominant” refers to groups that have historically lacked sufficient political power or representation in governance and policymaking, e.g women
CIVIL Rights Movements: The U.S. civil rights movements heavily influenced global perspectives on affirmative action.
South Africa ADOPTED these concepts to its unique socio-political landscape post-apartheid.
6.3 Which concepts are related to affirmative action ?
6.3.1 Concept of ‘affirmative action’ - SPPAL
Affirmative action is a STRATEGY designed to correct the effects of past discrimination.
It involves PROACTIVE measures to create equitable employment conditions.
Affirmative action is not meant to be PERMANENT but serves as a corrective tool.
different from ANTI-Discriminatory Laws as societal discrimination can still persist
Affirmative action operates within LEGAL frameworks that guide its implementation.
6.3.2 Equality of Opportunity - BHEMF
Equality of opportunity ensures that individuals, regardless of BACKGROUND, have an equal chance to succeed in employment.
Affirmative action seeks to provide opportunities to groups that have been HISTORICALLY excluded from certain jobs or positions.
Equal opportunity programs acknowledge EXISTING privileges and aim promote fair competition by leveling the playing field.
Equal opportunity policies are part of an organization’s MANAGEMENT style, aiming to enhance diversity and inclusion.
Affirmative action may apply what is termed “FAIR discrimination,” allowing preferential treatment to redress historical inequities.
6.3.3 Equality and affirmative action - PEDUE
Affirmative action is intended to create PATHWAYS for historically marginalized groups by promoting equal opportunity
Its purpose is to address the EFFECTS of past and systemic discrimination,
DISCRIMINATION traditionally serves to exclude individuals or groups based on characteristics such as race, gender, or ethnicity,
Thus, reverse discrimination refers to situations where affirmative action (or similar policies) UNINTENTIONALLY or intentionally disadvantages groups that are not traditionally marginalized
occur when affirmative action policies are implemented in ways that lead to the EXCLUSION of majority groups through quotas .
6.6 What legislation and policies underlie affirmative action in the South African public service
6.6.6 White Paper on Affirmative Action in the Public Service of 1998 - SEBDT MAIP
introduced to establish a SERVICE -oriented public service structure aimed at correcting decades of discriminatory policies
primary objectives are to ENHANCE representation across all levels of the public service
and to
BUILD an environment conducive to the full participation of historically disadvantaged groups,
requires each department and administration to have DETAILED affirmative action plans
These plans must focus on numerical TARGETS and fostering a culture of diversity and inclusion
One of the MANDATES was that within four years, 50% of management personnel in each department should be black
ACCOUNTABILITY is another crucial aspect of the White Paper.
Requires each government entities to INTEGRATE affirmative action into management practices
Managers and HR have to implement and monitor the PROGRESS of affirmative action, making the goals of the White Paper an essential part of day-to-day operations
6.6.8 Employment Equity Act 55 of 1998 - BUDAP EPUCF
6.6.8 Employment Equity Act 55 of 1998
The Employment Equity Act 55 of 1998 applies to BOTH public and private sectors in South Africa.
Its primary aim is to eliminate UNFAIR discrimination in the workplace
applies a DUAL approach by emphasising both anti-discrimination measures and affirmative action initiatives.
While the ANTI-discrimination measures in Chapter II protect all employees from unfair treatment,
the affirmative action measures in Chapter III specifically mandate PREFERENTIAL treatment for “designated groups,” which includes black people, women, and persons with disabilities.
The act requires that EMPLOYERS with more than 50 employees or above conduct an analysis of their workforce to identify employment barriers for designated groups.
Employers are then tasked with developing an employment equity PLAN, with measurable targets for achieving greater diversity and inclusivity
, this UNDERSCORES the government’s commitment to actively promoting the participation of historically disadvantaged groups.
The Act also includes provisions for COMPLIANCE, whereby the Department of Labour oversees the implementation of these employment equity plans,
FINES and sanctions are given for non compliance- underscoring the seriousness with which South Africa views workplace equit
6.7 Affirmative action provisions of the Employment Equity Act 55 of 1998 - GADPABQS MAIRCI
6.7 Affirmative action provisions of the Employment
Equity Act 55 of 1998
6.7.1 GENERAL
requires that the employer must conduct an AUDIT to identify barriers to equal employment opportunities
6.7.2 DUTIES of designated employers
The employer must prepare an employment equity PLAN and report to the Director-General on their progress in implementing it.
6.7.3 AFFIRMATIVE action measures
Employers have to eliminate BARRIERS that negatively affect members of designated groups.
6.7.4 QUOTAS and reverse discrimination
SETTING numerical goals to progressively increase diversity and should be based on the organization’s workforce needs
6.7.5 MEANING of ‘suitably qualified’
that a person may qualify for a position based on their ABILITY to do the job and Formal qualifications, prior learning, or relevant experience;
6.7.6 INCOME differentials
requires to report on REMUNERATION and benefits received in each job category and level of its workforce. If disproportionate income differentials are reflected, these must be progressively reduced.
6.7.8 7. COMPLIANCE, Monitoring, and Enforcement
INSPECTORS may conduct compliance checks and may issue compliance orders if employers fail to meet affirmative action obligations.
6.8 Implementation of an affirmative action program in the South African public service
6.8.3 Why affirmative action programs sometimes fail - LINPLIO
Lack of Strategic Planning: Effective implementation requires a well-defined strategy, full commitment from top leaders, and support at all organizational levels. Without this, programs are poorly executed.
Insufficient Knowledge and Training: Employees may lack understanding of how to implement affirmative action initiatives, and outdated training methods fail to provide the necessary skills.
Negative Attitudes: Prejudices persist, particularly when control remains with white managers who may view black employees as less capable.
Poor Communication: Inadequate two-way communication leads to unresolved issues and unaddressed concerns, limiting program effectiveness.
Low Commitment from Management: When senior leaders are not genuinely invested in the success of these programs, it signals to others that meeting affirmative action targets isn’t a priority.
Inadequate Objectives and Timelines: Clear, communicated goals and deadlines are essential. When these are missing, the program’s purpose becomes unclear.
Outdated Recruitment Practices: Methods aren’t adapted to attract and assess black candidates effectively, and assumptions about job requirements may unjustly exclude potential hires.
