first day at work

So I was sitting in my office this morning at 10:00 a.m. (yes, I have my own office and computer with rather speedy internet connection) ... thinking to myself ... "I don't remember seeing a Starbuck's on the way into work this morning. And then I heard the rattling of dishes, and here came Veronica with the tea and coffee cart. Hot tea, with hot milk, a saucer full of sugar, and about 12 coffee mugs. Now this is plush :) Apparently the tea cart comes by every day at 10 a.m. and 3 p.m. I should mention that in addition to the coffee and tea, I had "Jungle Mix" for breakfast, which is granola with dried fruit that people eat with either juice or milk.

This morning I've been pouring through reading materials to try and catch up with the types of cases that LHR handles. Most interesting is a case I read about a student who was alleging discrimination on the basis of religion. Thinking back to my employment law class, I could think of 5 types of discrimniation prohibited by Title VII (race, color, religion, national origin, gender). U.S. case law would later elaborate on what exactly 'gender' encompassed, finding that it included discrimination on the basis of pregnancy. But courts have also found that discrimination on the basis of 'national origin' had not taken place when an employer, say, refused to hire a person who cannot speak the language fluently. The latter would be considered discrimination on the basis of language, which is permissible. So in short, in the U.S. Title VII's vague terms (gender) have been broadly interpreted to encompass several aspects of being female, but the courts have been stingier in interpreting 'national origin.'

In comparison, then, it was interesting to read that within the South African Constitution (as opposed to a separate piece of legislation that might more easily be repealed or modified) are listed not 5 but 17 categories of impermissible discrimination: race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Given that the RSA Constitution only took effect in 1997, just a decade ago, I thought perhaps they were trying to avoid similar legal battles as those in the U.S. fought to clarify potentially ambiguous terms like 'gender.' So instead of just prohibiting discrimination on the basis of gender, they explicitly prohibit discrimination on the basis of "gender, sex, pregnancy, [and] marital status." So they cover their bases on the front end, avoiding lengthy and expensive litigation.

This explanation [preventing confusion via clarification on the front end] doesn't seem to hold water, though, upon noting that the S.A. Constitution further includes terms like "birth." I don't know what that means yet, or how broad or narrow a concept it is. I have thus far only deduced that it is permissible to discriminate against the dead. I am also not certain at present whether these same prohibitions apply to private employers in the same way that Title VII does. These are questions I have to ask later. Nevertheless, the comparisons are interesting.

Today I was also asked by Ursula, the other atty. in the Migrant Rights Division to sit in on a client consultation, an exhausting experience given the language barriers. It took over 2 hours to ascertain this young man's history. The case involved a voluntary repatriation, and I will be working on those more in the immediate future. I suppose the hind-legs of the asylum-application process involves persons who have been denied refugee status, but who cannot afford to return to their country of origin, especially if it is in northern Africa. (We have clients from as far north as Ethiopia, Kenya, Sudan). UNHCR accepts applications and will provide transportation via plane if the grant your application and give you $1,000 (6,000 ZAR) starter-money.

Okay, that's enough for now. I have to purchase some power outlet things so that I can plug up my cell phone and computer at Lisa's home. And I have not yet purchased my cell phone but hope to do so today or tomorrow. So, don't expect to hear from me in the evenings, even using Skype, but after I get it set up, I will call. Love you all :)