Employment Equity Act Purpose of the act The purpose is to achieve equity in the workplace by: Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination Implementing affirmative action measures to readdress the disadvantage in employment experienced by designates groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce The act applies to all employees except members of the national defence force, the national intelligence or the South African secret service Elimination of unfair discrimination Every employer must take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. No employee or job applicant can be unfairly discriminated against. 1
Medical testing Testing of an employee to determine that employee s HIV status is prohibited unless such testing is determine to be justifiable by the labour court. Dispute Resolution Dispute excluding those relating to unfair dismissal must be referred to the CCMA with six months after the act or omission that allegedly constituted unfair discrimination. if the dispute remain unresolved it may be referred to labour court Affirmative Action - Every employer must implement affirmative action measures for people from designated groups - The employment equity act stipulates that each designated employer shall appoint a senior manager to take responsibility for affirmative action - Preferably this task should be delegated to human resource department since, if it is, it is viewed as staff function imposed on line management, rather than responsibility of cell managers - The HR department may provide the relevant advice, but line managers should be involved from the outset 2
Designated Employer - A person who employs 50 or more employees - An employer who employs fewer than 50 employees but has a turnover that is equal to or above the applicable annual turnover of small business in terms of schedule 4 to the act - A municipality - An organ of state excluding the national defence force, the national intelligence agency and the south African secret service - Designated groups mean black people, all women and people with disabilities. Black means Africans, Coloureds and Indians Affirmative action measures Affirmative action measure implemented must include: - Measures to identify and eliminate employment barriers, including unfair discrimination - Measures designated to further diversity in the workplace based on equal dignity and respect of all people - Making reasonable accommodation for people from designated groups 3
- Measures to ensure equitable representation of suitable qualified people from designated groups in all occupational categories and levels in the workforce and measures to retain and develop people from designated groups and implement training measures Consultation of employees A designated employer must take reasonable steps to consult and attempt to reach agreement with its employees and with representative trade unions. The employer must consult on the conduct of the analysis referred below, preparation and implementation of the employment equity plan, and the report that must be submitted regarding such plans Disclosure of information An employer must conduct analysis of employment policies, practices, procedure and the working environment in order to identify employment barriers which adversely affect people from designated groups The analysis must contain a profile of the employer s workforce within each occupational category and level in order to determine the degree of under representation of people from designated groupemployment equity plan 4
The employer must prepare and implement equity plan which will achieve reasonable progress towards employment equity in the workplace Objectives, affirmative action measures, numerical goals, a timetable and duration of the plan must be set The plan must be monitored. Person, including senior managers responsible for the monitoring and implementing the plan must be identified and given the authority to perform their function The employer must make reasonable steps to ensure that the managers perform their function A person may be suitable qualified for a job as result of any combination of that person s formal qualification,prior learning,relevant experience or capacity to acquire within reasonable time When to determine whether the person is suitable qualified for a job an employer must review all the factors and determine whether that person has the ability to do the job In making that decision, an employer may not unfairly discriminate against a person solely on the grounds of that person s lack of relevant experience 5
Reports A designated employer that employs less than 150 employees must submit its plan within 12 months of the commencement of the act and there after once every two years. An employer that employs more than 150 employees must submit its first report within 6 months of the commencement of the act and thereafter once every year Every designated employer that s a public company must publish a summary of report in their financial statement Reports and any relates information or orders must be made available to employees Income Differentials Every designated employer must submit a statement to the employment conditions commission by the Basic conditions of employment Act on the remuneration and benefits received in each occupations category and level of that employer s workforce. Where disproportionate income differentials are reflected in the statement, measures to progressively reduce such differentials must be taken 6
Enforcement Labour inspectors have the power to enter, question and inspect workplace and request a written undertaking from employer from employer to comply with certain provision of the act. Compliance orders may also be issued The employer mat appeal to labour court against the order of the director general Assessment of Compliance In determining whether the a designated employer is implementing employment equity in compliance with the act, the director general or any person applying the Act must in addition to the factors indicated under affirmative action measures take in account the following: The extent in which suitable qualified people from designated groups are equitable represented with each occupational category and level in that workforce in relation to : Demographic profile and regional economically active population. 7
Pool of suitable qualified people from designated groups from which employer may be expected to promote or appoint employees Economic factors and financial factors relevant to the sector in which the employer operates. Present and anticipated economic and financial circumstances of the employer The number of preset and planned vacancies that exist in the various categories and levels, and employer s turnover Reasonable efforts made by a designated employer to implement its employment equity plan The extent in which the designated employer has made progress in eliminating employment barriers that adversely affect people from designated groups. 8
Ego of unfair discrimination - It is illegal for a black person and a white person doing the same job to be paid differently - It is illegal for woman not to get the same benefits as men if they are doing the same job - People with disabilities cannot be refused a job interview because of their disability - Somebody who is HIV- POSITIVE cannot be refused a job or training opportunities because of their HIV status - A woman who is competent to do a job traditionally done by man may not be banned from doing the job because she is a woman. Likewise a man is entitled to be considered for jobs traditionally done by woman. - It is illegal to advertise for an applicant to be between certain ages e. applicants must be between 25-35 years old or insist that applicants include their age or marital status when applying for a job Sexual harassment in the workplace is illegal. 9