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In Germiston, South Africa, disability law seeks to protect individuals with disabilities from discrimination in various areas including employment, housing, education and access to public services. This area of law is primarily guided by the Constitution of the Republic of South Africa, the country's Employment Equity Act and the Promotion of Equality and Prevention of Unfair Discrimination Act. These provide a framework of rights and protections for individuals with disabilities.
You may require the services of a specialized lawyer if you or a loved one have been subjected to unfair treatment or discrimination based on a disability. Legal assistance can be valuable if you're facing issues such as job discrimination, denial of social security benefits, or accessibility challenges in housing or public places. Lawyers can provide advice, help you understand your rights, and represent you in legal proceedings or negotiations.
In Germiston, as in the rest of South Africa, the Constitution provides that everyone is equal before the law and has the right to equal protection and benefit of the law. It prohibits unfair discrimination directly or indirectly against anyone on several grounds, including disability. The Employment Equity Act stipulates, among its many regulations, that reasonable accommodation must be made for employees with disabilities. In addition, The Promotion of Equality and Prevention of Unfair Discrimination Act prohibits all forms of unfair discrimination.
1. What counts as a disability under South African law? The Employment Equity Act in South Africa recognizes disability as a long-term or recurring physical, including sensory, or mental impairment which substantially limits an individual’s entry into, or advancement in, employment.
2. Am I entitled to accommodation for my disability at work? Yes. Employers are required to take steps to reasonably accommodate the needs of employees and potential employees with disabilities.
3. Can I be fired from my job because of my disability? No, under South African law, firing someone because of their disability is a form of discrimination and is illegal.
4. What if my disability prevents me from performing the job I was hired to do? If adjustments can be made to your work environment or schedule that would enable you to do your job, your employer is obligated to make those changes.
5. What legal recourse do I have if I believe I’ve been discriminated against due to my disability? If you feel that you have been unfairly discriminated against, you can approach the CCMA (The Commission for Conciliation, Mediation and Arbitration) or an employment tribunal.
The South African Human Rights Commission, Department of Labour, and Disability Rights Awareness South Africa are among the entities that provide resources and information related to disability law and rights in South Africa.
If seeking legal advice or representation, select an attorney who has expertise in the field of disability law. This can be done through online directories, by contacting local bar associations, or utilizing resources from non-profit organizations dedicated to disability law. Preparation for your initial consultation can be beneficial, including gathering all relevant documents and details regarding your situation.
