Editor’s Note: we know some employers prefer to do their own employment equity reporting. To this end we have designed a DIY pack to help employers which includes checklists, notifications, nomination forms and communication plans and examples.
In terms of Employment Equity Act, 55 of 1998, issued in terms of Section 25(1) – Duties of a Designated Employer: Section 13
- A designated employer must implement affirmative action measures for designated groups to achieve employment equity.
- In order to implement affirmative action measures, a designated employer must:
- Consult with employees; and
- Conduct an analysis
Affirmative Action measures: Section 15 states that:
- Affirmative action measures are measures intended to ensure that suitably qualified employees from designated groups have equal employment opportunity and are equitably represented in all occupational categories and levels of the workforce.
- Such measures must include:
- Identification and elimination of barriers with an adverse impact on designated groups
- Measures that promote diversity
- Making reasonable accommodation for people from designated groups
- Retention, development and training of designated groups (including skills development)
- Preferential treatment and numerical goals to ensure equitable representation. This excludes quotas.
Consultation: Sections 16 and 17 states:
A designated employer must take reasonable steps to consult with representatives of employees reflecting the diverse interests of the workforce. The analysis undertaken should include employees from across all occupational categories and levels of the employer’s workforce (from designated groups and employees who are not from designated groups).
Analysis: Section 19
A designated employer must conduct an analysis of employment policies, practices, procedures, and the working environment in order to identify employment barriers that adversely affect members of designated groups.