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Periodical article | Leiden University catalogue | WorldCat |
Title: | HIV/AIDS and equal opportunities in the workplace: the implications of the Employment Equity Act |
Author: | Ngwena, Charles |
Year: | 2000 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 33 |
Issue: | 1 |
Pages: | 96-113 |
Language: | English |
Geographic term: | South Africa |
Subjects: | labour law AIDS |
Abstract: | The parameters of the new Employment Equity Act (1998) of South Africa are not confined to affirmative action based on race or gender. The Act also extends the quest for a just and equitable society to the elimination of HIV/AIDS-related discrimination in the workplace and securing equity and redress for people with disabilities. The focus of this article is on elimination of unfair discrimination so as to create equal opportunities for people living with HIV/AIDS (PWAs). The discussion is constructed around four main areas: prohibition of unfair discrimination on account of HIV; prohibition of medical testing of an employee; prohibition of HIV testing; and affording PWAs, as falling within the ambit of people with disabilities, a measure of positive discrimination, especially after the onset of AIDS. The Act's HIV-related provisions are liberal. They constitute the first clear commitment by parliament to take the plight of PWAs seriously. However, the success of the Act in eliminating HIV-related discrimination and testing will also depend on the efficacy of the Commission for Employment Equity. Notes, ref. |