Disability in the Workplace Under the Spotlight

Department of Labour

The Revised Draft Code of Good Practice on the Employment of Persons with Disabilities is now available for public comment.

The labour department published the draft code in terms of the Employment Equity Act in Notice 581 in Government Gazette 38872.

The aim of the Act is to protect persons with disabilities against unfair discrimination in the workplace and directs employers to put affirmative action measures in place to redress discrimination.

The Code is intended to help create awareness of the contributions persons with disabilities can make and to encourage employers to fully use the skills of such persons. The Code is also intended to help employers and employees on promoting equal opportunities and fair treatment for persons with disabilities as required by the act.

The outlines included in the Revised Draft Code are as follows:

•    aim of the code;
•    status of the code;
•    legal framework;
•    definition of persons with disabilities;
•    reasonable accommodation for persons with disabilities;
•    recruitment and selection;
•    medical and psychological testing and other similar assessments;
•    placement;
•    training and career advancement;
•    retaining persons with disabilities;
•    termination of employment;
•    workers’ compensation;
•    confidentiality and disclosure of disability;
•    employee benefits;
•    employment equity planning in respect of persons with disabilities; and
•    education and awareness.

The code applies to both physical and mental impairment of a long-term or recurring nature.

Written comments on the Revised Draft Code should be submitted within 30 days of publication of the notice.

Sabinet Cape Town Office