disability · employment

Disability

Legal - South Africa (Employment Equity Act 55 of 1998)

Definition

Long-term or recurring physical or mental impairment that substantially limits prospects of entry into, or advancement in, employment.

Prerequisite chain

Condition. A long-term or recurring impairment exists
Functional status. Prospects of entry into or advancement in employment are limited
Applied test. Code of Good Practice generally looks at the unmitigated baseline

Assessment basis (treatment / aids) — medication, prosthetics) into account, broadly aligned with the UK/ADA unmitigated-state approach, though this is guidance rather than a hard statutory rule as in the UK.

Qualifiers

Severity. Substantial limitation on prospects of entry/advancement
Duration. Long-term or recurring (Code of Good Practice: normally >=12 months)
Scope. Prospects of entry into, or advancement in, employment
Other. Guided by the EEA Code of Good Practice on Disability

Impact

Affects ability to be employed, retained, or promoted on an equal basis with non-disabled colleagues.

Example

An applicant with a controlled psychiatric condition is still classified as "disabled" for EEA reporting/reasonable-accommodation purposes.

Source: Employment Equity Act 55 of 1998 (South Africa) + EEA Code of Good Practice on Disability

Language map: disability · Incapacity · Mitigated-state trap