Transformation, Monitoring and Evaluation
For purposes of this policy the words listed in the definition section will have the meaning ascribed below, unless the context indicates otherwise.
2.1 BLACK PEOPLE mean Africans, Coloureds and Indians.
2.2 DESIGNATED GROUPS / EQUITY CANDIDATES means black people, women and people with disabilities.
2.3 DIRECT UNFAIR DISCRIMINATION means an overt act of discrimination that is not reasonable or justifiable. Hate speech, i.e. communication including remarks and gestures that impair the human dignity of other persons, is a form of harassment that constitutes direct discrimination. Derogatory remarks concerning a person’s race, ethnicity, colour or nationality are considered as serious forms of unfair discrimination as they continue to promote racial discrimination, ethnocentrism (perceptions that one's own ethnic group is superior) and xenophobia (dislike of non-nationals). Unfair accusations of racism may be considered to be a form of unfair discrimination.
2.4 DIVERSITY means a broad variation in culture, race, physical ability, gender, language, values, beliefs, needs and interests. In respect of the selection of academic staff, the Equity Policy emphasizes that an additional criterion of diversity will be that academics should be able to contribute to diversity of academic discourse.
2.5 GENDER means economic, social and cultural attributes associated with being male or female which may result in an imbalance of power.
2.6 GENDER DISCRIMINATION means any distinction, exclusion, restriction or preference based on sex, gender, pregnancy, family responsibility, sexual orientation or marital status which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in political, economic, social, cultural or any other field of public life.
2.7 HATE SPEECH means anything published, propagated, advocated or communicated, on the grounds of race, gender, age, sexual orientation, disability, sex, marital status, HIV / AIDS status, pregnancy, ethnic or social origin, colour, religion, conscience, belief, culture, language or birth, against any person that could reasonably be construed to demonstrate a clear intention to be hurtful, harmful, to incite harm or to promote or propagate hatred.
2.8 INDIRECT UNFAIR DISCRIMINATION means any distinction, exclusion, restriction or preference that on the surface appears neutral, but in application unfairly discriminates against individuals or groups.
2.9 OCCUPATIONAL DETRIMENT means:
· being subjected to disciplinary action, subject to paragraph 7.1;
· being dismissed, suspended, demoted, harassed or intimidated;
· being transferred against his or her will;
· being refused transfer or promotion;
· being subjected to a term or condition of employment or retirement which is altered or kept altered to his or her disadvantage;
· being refused a reference or being provided with an adverse reference by his or her employer;
· being denied appointment to any employment, profession or office;
· being threatened with any of the actions referred to above; or
· being otherwise adversely affected in respect of his or her employment, profession or office, including permanent employment opportunities and work security.
2.10 PROTECTED DISCLOSURE has the consequence that the employee making the disclosure will not suffer any occupational detriment on that account.
2.11 RACE is primarily a social construct in which individuals are classified into groups (“races”) on the grounds of perceived heritage and physical differences.
2.12 RACIAL HARASSMENT means social behaviour that is intended to coerce, manipulate, intimidate or take advantage of persons belonging to a particular “race”, typically, but not always, in situations where unequal power and authority relations prevail between those who harass and those who are harassed.
2.13 RACIAL PREJUDICE means the belief that a particular “race” (or group of “races”) is inferior to another “race” with respect to one, or usually many, qualities or attributes.
2.14 RACISM means intolerance of, and hostility towards, other people on account of their “race”.
2.15 THIRD PARTIES include, but is not limited to clients, customers and business contacts, accessing the University.
2.16 UNFAIR DISCRIMINATION means any distinction, exclusion, restriction or preference based on race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, Human Immunodeficiency Virus (HIV) status and birth or any other reason which is unreasonable or unjustifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors. Harassment of an employee or student is a form of unfair discrimination.
It is not unfair discrimination to:
· Take Affirmative Action measures consistent with the purpose of the Employment Equity Act.
· Distinguish, exclude or prefer any person on the basis of an inherent requirement of a job or learning programme.
Tel: +27 (0) 41 504 1111
Fax: +27 (0) 41 504 2574 / 2731
PO Box 77000, Nelson Mandela Metropolitan University
Port Elizabeth, 6031, South Africa
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