Full Summary

The Employment Equity Act (EEA) 55 of 1998 is a South African law designed to address the historical injustices and discrimination in the workplace that resulted from the apartheid era. Its primary purpose is to achieve equity by promoting equal opportunity and fair treatment in employment. The Act is divided into two main parts:

1. Prohibition of Unfair Discrimination (Chapter II): This chapter applies to all employers and employees. It prohibits direct or indirect discrimination on a wide range of grounds, including but not limited to race, gender, sexual orientation, disability, and HIV status. It also regulates medical and psychometric testing to prevent discrimination.

2. Affirmative Action (Chapter III): This section applies only to “designated employers” (generally, those with 50 or more employees or with a certain annual turnover) and aims to ensure equitable representation of “designated groups” (black people, women, and people with disabilities) at all occupational levels. Designated employers are required to:

• Consult with employees and their representatives.
• Conduct an analysis of their workforce.
• Develop and implement an Employment Equity Plan with specific goals and timetables.
• Report on their progress to the Department of Employment and Labour.

The Act is enforced by the Commission for Employment Equity and through a system of labour inspectors, compliance orders, and legal proceedings in the Labour Court. Recent amendments, such as the Employment Equity Amendment Act 4 of 2022, have introduced further changes, including the empowerment of the Minister of Employment and Labour to set specific numerical targets for different economic sectors and the introduction of compliance certificates for businesses seeking government contracts.

Description

The Employment Equity Act 55 of 1998 is a South African law that promotes equality in the workplace by eliminating unfair discrimination and implementing affirmative action measures. It aims to redress the disadvantages in employment experienced by designated groups—specifically black people, women, and people with disabilities—to ensure they are equitably represented across all job categories and levels.