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Record W195398862

HIV / AIDS and equal opportunities in the workplace : the implications of the Employment Equity Act

2000· article· en· W195398862 on OpenAlexaboutno aff
Charles Ngwena

Bibliographic record

VenueComparative and International Law Journal of Southern Africa · 2000
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Issues in South Africa
Canadian institutionsnot available
Fundersnot available
KeywordsRedressStatutory lawLegislationEquity (law)Affirmative actionPolitical scienceEmployment discriminationEqual employment opportunitySociologyLaw
DOInot available

Abstract

fetched live from OpenAlex

Largely on account of South Africa's historical circumstances, the Employment Equity Act is destined to become an important instrument for effecting equity and redress in the workplace. The Act is engendering controversy for introducing, for the first time, a statutory framework for affirmative action in the workplace so as to effect redress for blacks and women. However, the novel parameters of the Act 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-related discrimination and securing equity and redress for people with disabilities. Against the backdrop of HIV / AIDS-related discrimination in the workplace, this article discusses the likely impact of the Act on securing equality for people living with HIV / AIDS (PWAs). The focus is on elimination of unfair discrimination so as to create equal opportunities for PWAs. The article also attempts to assess the likely impact of the Act on the treatment of people with disabilities, but only to the extent that HIV and AIDS can be said to fall within the ambit of disabilities under the Act. Where pertinent, the article draws from jurisdictions such the United States, Canada, Australia and the United Kingdom where directly or indirectly, HIV-related discrimination is subject to legislation. Leaving aside the general injunction on employers to eliminate unfair discrimination in the workplace, the discussion will be constructed around four main areas in which the Act impacts on ensuring or creating equal opportunities for PWAs. Firstly, it outlaws unfair discrimination against an employee on one or more grounds, including HIV status. Secondly, it prohibits medical testing of an employee, including, of necessity, an HIV test. Thirdly, it specifically prohibits determining an employee's HIV status unless such testing has been determined to be justifiable by the Labour Court in terms of the Act. Finally, the Act provides for affirmative action for, inter alia, people with disabilities. It will be submitted that PWAs fall within the ambit of people with disabilities, especially after the onset of AIDS.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.723
Threshold uncertainty score0.345

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.165
GPT teacher head0.384
Teacher spread0.220 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations6
Published2000
Admission routes1
Has abstractyes

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