What the Employment Equity Act is all About

The Employment Equity Act is the law that promotes equity in the workplace, ensures that all employees receive equal opportunities and that employees are treated fairly by their employers. The act protects you from unfair treatment and any form of discrimination.

 

What is the purpose of the Employment Equity Act

The act aims to redress injustices of the past by implementing affirmative action measures. According to the legislation, it isn't unfair discrimination to promote affirmative action consistent with the Act or to prefer or exclude any person on the basis of an inherent job requirement.

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The act states that your employer can't discriminate against you directly or indirectly through employment policy or practice on the grounds of:

- race,                                              - birth.

- gender,                                          - language

- pregnancy,                                    - culture,

- marital status                                 - political opinion,

- family responsibility,                      - Believes 

- ethnic or social origin,                   - Conscience

- colour,                                            - HIV Status

- sexual orientation,                         - Religion

- age,                                               - Disability

 

Employment Equity compliant Guidelines

A Designated Employer Entity need to undertake to comply with all the provisions of the Act, and in particular (amongst others), Sections 13, 15, 16, 17, 18, 19, 20, 21, 24 and 27 of the Act.

Section 13

Section 13 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must implement affirmative action measures for Designated Groups to achieve employment equity by consulting with employees, conduct an Economically Active Population (EAP) analysis and prepare and Employment Equity Succession Plan.

Section 15

Section 15 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must implement affirmative action measures intended to ensure that suitably qualified employees from Designated Groups have equal opportunity and are equitably represented in all occupational categories and levels of the workforce.

Section 16 & 17

Section 16 and 17 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must take reasonable steps to consult with representatives of employees representing the diverse interests of the workforce on conducting an analysis and preparation of this Employment Equity Succession Plan.

Section 18

Section 18 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must disclose relevant information to the consulting parties (CEO, Employment Equity Manager, Employment Equity Forum and employees).

Section 19

Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace.

Section 20

Section 20 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must prepare and implement an Employment Equity Plan which will achieve reasonable progress towards employment equity in that Employer’s workforce.

Section 21

Section 21 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must submit its first report to the Director General (Department of Labour) within 12 months after the commencement of the Act (1999), and thereafter every year.

Section 22 (Listed entities only)

Section 22 of the Employment Equity Act nr 55 of 1998 stipulates that every Designated Employer that is a Public Company must publish a summary of a report required by Section 21 in that Employers annual financial report.

Section 23

Section 23 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must, before the end of the term of its current Employment Equity Plan, prepare a subsequent Employment Equity Plan.

Section 24

Section 24 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must assign one or more Senior Manager(s) to ensure implementation and monitoring of the Employment Equity Plan and MUST make available necessary resources for this purpose.

Section 25

Section 25 of the Employment Equity Act nr 55 of 1998 stipulates that an Employer must display at its workplace (where it can be read by employees) a notice in the prescribed form, informing them about the provisions of the Act.

Section 26

An Employer must establish, and for the prescribed period, maintain records in respect of its workforce, its Employment Equity Plan and any other records relevant to its compliance with the Act.

Section 27

Section 27 of the Employment Equity Act nr 55 of 1998 stipulates that every Designated Employer, when reporting, must submit a statement, as prescribed, to the Employment Conditions of Commission established by section 59 of the Basic Conditions of Employment Act, on the remuneration  and benefits received in each occupational level of that Employer’s workforce.