Understanding Disability in the Workplace: South African Guidelines

The South African Technical Assistance Guidelines (TAG) and the White Paper on the Rights of Persons with Disabilities provide crucial frameworks for understanding disability in the workplace. This article breaks down the key criteria, exclusions, and implications for employers and individuals.

Defining Disability

To qualify as a person with a disability, an individual must meet three essential criteria:

1. Impairment

   A physical, mental, or combination impairment must be present.

2. Duration

   The impairment must be long-term (lasting at least 12 months) or recurring.

3. Substantial Limitation

   The impairment must substantially limit the individual's ability to perform essential job functions.

Exclusions from Disability Status

Two categories of impairments are excluded from disability status:

1. Easily Controlled/Corrected Impairments

Impairments that can be easily controlled or corrected, such as vision corrected with glasses, do not qualify.

2. Public Policy Exclusions

Certain conditions or impairments are excluded for public policy reasons, including:

• Sexual behavior disorders

• Self-imposed body modifications (e.g., tattoos, piercings)

• Substance abuse (unless participating in a recognized treatment program)

• Normal deviations in height, weight, and strength

• Conventional physical and mental characteristics and common personality traits

• Implications and Requirements

• Diseases and conditions do not automatically constitute disabilities.

• A proper functional report from a registered health professional is necessary to confirm disability status.

• Different legislation may have varying functional definitions.

Conclusion

Understanding the definition, criteria, and exclusions of disability is crucial for employers and individuals. By recognizing the nuances of disability, we can promote inclusive workplaces and ensure equal opportunities for all.

Resources

For further guidance, refer to:

- South African Technical Assistance Guidelines (TAG)

- White Paper on the Rights of Persons with Disabilities

- Fanie du Toit's YouTube video: "Clinical vs. Functional Reports"