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Employers in South Africa are required by the Employment Equity Act to provide reasonable accommodation for employees with disabilities, as long as it does not create undue hardship for the employer.
According to South African law, disability means a permanent or temporary impairment, physical, intellectual, sensory, or a combination thereof, which, when interacting with various barriers, may hinder full and effective participation in society on an equal basis with others.
A reasonable accommodation is any adjustment to a workplace or job that enables an employee with a disability to perform the essential functions of their job. It should not cause an undue burden on the employer.
An employer is required to provide reasonable accommodations when an employee or job applicant with a disability requires it to perform the essential functions of their job, or to participate in the hiring process.
Reasonable accommodations can include flexible work hours, job restructuring, assistive technologies, ergonomic furniture, and modifications to the physical workspace.
An employer can only refuse to provide a reasonable accommodation if it would cause undue hardship on the business. Undue hardship means significant difficulty or expense.
If your employer refuses to provide a reasonable accommodation, you should seek legal advice. You may be able to file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or the Labour Court.
No, it is illegal for an employer to discriminate against a person with a disability. This includes discrimination in hiring, promotion, training, and other employment-related decisions.
If you experience discrimination at work because of your disability, you should report it to your employer's human resources department or a manager. If the issue is not resolved, you may file a complaint with the CCMA or the Labour Court.
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