Applying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace : Damons v City of Cape Town

dc.contributor.authorNgwena, Charles
dc.contributor.emailcharles.ngwena@up.ac.za
dc.date.accessioned2025-05-15T11:36:17Z
dc.date.available2025-05-15T11:36:17Z
dc.date.issued2024
dc.description.abstractIn Damons v City of Cape Town (2022), by a majority, the Constitutional Court held that the inherent requirements of the job defence in s 6(2)(b) of the Employment Equity Act is a complete defence to a charge of unfair discrimination in respect of an employee who has no capacity to perform the job in question due to a disability that cannot be rehabilitated or reasonably accommodated. By contrast, in a sole dissent, Pillay AJ held that s 6(2)(b) is not a complete defence where the employer ought to have created a new position to fit the capacities of the employee as a reasonable accommodation measure. This commentary explores the implications of the Damons case and appraises the divergent approaches of the Constitutional Court.
dc.description.departmentCentre for Human Rights
dc.description.librarianhj2025
dc.description.sdgSDG-08: Decent work and economic growth
dc.description.sdgSDG-10: Reduces inequalities
dc.description.urihttps://www.tandfonline.com/loi/rjhr20
dc.identifier.citationCharles Ngwena (2023) Applying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace: Damons v City of Cape Town, South African Journal on Human Rights, 39:2-3, 210-224, DOI: 10.1080/02587203.2024.2325409.
dc.identifier.issn0258-7203 (print)
dc.identifier.issn1996-2126 (online)
dc.identifier.other10.1080/02587203.2024.2325409
dc.identifier.urihttp://hdl.handle.net/2263/102404
dc.language.isoen
dc.publisherRoutledge
dc.rights© 2024 the Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an open Access article distributed under the terms of the Creative Commons Attribution license (http://creativecommons.org/licenses/by/4.0/).
dc.subjectPersons with disabilities (PWDs)
dc.subjectEmployment
dc.subjectUnfair discrimination
dc.subjectEquality
dc.subjectNon-discrimination
dc.subjectReasonable accommodation
dc.subjectInherent requirements of the job
dc.titleApplying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace : Damons v City of Cape Town
dc.typeArticle

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