Employment Equity Act

About the Employment Equity Act

The Employment Equity Act applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action.

The purpose of the Employment Equity Act, No 55 of 1998 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 redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce.

In terms of the act, designated employers have to submit a report to the department on their progress in eliminating unfair discrimination in the workplace and implementing affirmative action to address the imbalances in the representation of black people, women and people with disabilities.

A designated employer includes any employer who employs fewer than 50 employees but has a total annual threshold equal to or above the applicable turnover which ranges from R2 million to R25m, depending on the sector into which the business falls. Employers have to compile an employment equity plan and conduct a workplace analysis. Employees had to be consulted on the analysis, the plan and the report.

The employment equity plan and consultation process are paramount to complicate with the act. The employment equity reports asked for details such as the profile of the workforce, gender, race and disabilities of employees as well as details of recruitment, promotion and termination, among other questions. The report also asked for details about skills development and employment equity goals and targets.

Employment Equity Online Reporting for 2013

The Department of Labour has also launched an Employment Equity Online Reporting System.  The EE system is a tool to support the objectives of the Employment Equity Act where you can submit your report online and return to complete but not later than 15 January 2014. To use the online service visit the Department of Labour’s website and register, or click here for the EE system tool

For further information on the Employment Equity Act any labour related matters, you can contact
Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za