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Affirmative action laws: The SA black sheep

Peter McDermott
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Affirmative Action

In South Africa, we're quite used to the idea of affirmative action laws being prescribed not only by our constitution but also, and more specifically, by schedule 3 of the Employment Equity Act (No. 55 of 1998). Many advocates of affirmative action laws frame their support of the policy in terms of diversity. South Africans don't have to be convinced of the necessity of a more diverse workforce - we readily accept that the number of people in top corporate positions aren't representative of our country's demographic. So why is there so much resistance to affirmative action laws?

Several studies have shown that:

  • People of colour and women form a greater percentage of the public workforce than the private workforce, and
  • They advance further in public employ than their counterparts in private employ do.

This would seem to suggest that there's no reason why affirmative action candidates advance or don't advance, courtesy of affirmative action laws, in the corporate sector. No doubt, some of this unequal treatment comes from left-over prejudices and in-group favouritism.

Sometimes there's no reason for unequal treatment

People tend to promote and advance people they know personally. So while diversity in the workplace is a positive step towards affirmative action laws taking root in the business world, as yet we're not experiencing true affirmative action. For true affirmative action to take place, we have to change our corporate culture and thinking:

  • Successfully managing diversity requires a corporate culture that tolerates many different styles and approaches,
  • Less restrictive policies and procedures, as well as less standardised operating methods, lead organisations to become more flexible and better able to respond to environmental changes,
  • Institutional racism and sexism continue as powerful determinants of people's lives and can be dismantled only through planned and proactive measures,
  • Companies are realising that consumers, like the workforce, are changing demographically. Just as women and minorities may prefer to work for an employer that values diversity, they may prefer to patronise organisations with the same values, and
  • Companies with a reputation for providing opportunities for diverse employees will have a competitive advantage in the labour market and will be sought out by the most competent and qualified employees.

Affirmative action laws are a positive change and resistance is as irrational and counterproductive as racism itself - especially considering the corporate advantages it holds.


Peter Mcdermott

Peter did a Bachelor of Technology (B.Tech), Human Resources Management and Services at Technikon Witwatersrand (1994-1998) and an Advanced Diploma – Labour Law, Law at University of Johannesburg (2001-2002).

He joined Labour Net in 1997 and was a consultant there until 2000, and has been a director and shareholder in Invictus Outsourcing Solutions since November 2001.

Peter has gained extensive knowledge and experience over the past 17 years in dealing with various Human Resources (HR) and Industrial Relations (IR) matters, including but not limited to :

  • Bargaining Council
  • Black Economic Empowerment (BEE)
  • CCMA
  • Contracts of Employment
  • Corporate Law
  • Disciplinary Procedures
  • Dismissals
  • Dispute Resolutions
  • Employment Equity (EE)
  • HR Policies and Procedures
  • Labour Court
  • Labour Relations
  • Negotiations
  • Performance Management
  • Personnel Management
  • Policies and Procedures
  • Retrenchments
  • Skills Development (SD)
  • Strikes
  • Talent Management
  • Trade Unions

 


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