Labour Law
Employment Equity
The Employment Equity Act requires designated employers to eliminate unfair discrimination and implement affirmative action to achieve equitable representation of designated groups in the workplace.
Legal Definition
The Employment Equity Act 55 of 1998 (EEA) prohibits unfair discrimination in employment and requires designated employers (50+ employees or those meeting a turnover threshold) to develop equity plans to promote equitable representation of Black people, women, and people with disabilities.
📖 Constitutional / Statutory Basis: Section 9 (equality) and Section 23 (labour rights), Constitution of the Republic of South Africa, 1996; Employment Equity Act 55 of 1998
Practical Example
An employer with 100 employees has no women in management. The Department of Labour can inspect and fine the employer for failing to implement its equity plan and promote women to management.
Frequently Asked Questions
What is unfair discrimination in employment?
Any differentiation on grounds listed in s6 EEA (race, gender, sex, pregnancy, marital status, family responsibility, ethnicity, social origin, HIV status, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, birth) that is not justifiable.
Can I complain if I am not promoted due to race?
Yes — to the CCMA or Labour Court. The employer must prove the differentiation was fair and justifiable.
Does affirmative action mean automatic preference?
No. S20 of the EEA requires that all preferences and appointments still meet the inherent requirements of the job.
Related Terms
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