South Africa's Amended Employment Equity Act

Speaker: Melissa Cogger
Firm: Bowmans
Jurisdiction: South Africa
President Cyril Ramaphosa has signed the Employment Equity Amendment Bill of 2020 into law. It amends the Employment Equity Act 55 of 1998 (Act). The effective date is still to be proclaimed in the Government Gazette.
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[@lesliechetty9095]

Does this law effect a person from a minority group in South Africa.

[@EmploymentlawallianceELA]

Hi there, we've reached out to Melissa on this question and this is her response. If you would like more information, feel free to reach out to her at [e-mail].
Unfortunately, there isn't a short answer as context is extremely important in South Africa when it comes to affirmative action and employment equity.
In South Africa, the demographic composition is characterized by a majority of persons who identify as Black, Coloured or Indian, who also form part of “designated groups” as defined in the Employment Equity Act (EEA). Designated groups also include women (regardless of colour) and people with disabilities. It is therefore a misnomer to refer to “minority” groups in the context of employment equity as white females and people with disabilities would also fall into this category, but are included in the category of “designated groups”, and thus the measures contemplated within the EEA would seek to improve the representation of these specific minority groups within the workforce.
The historical context of apartheid and discriminatory laws in South Africa has led to under-representation of people from designated groups in various categories of employment, including top management, senior management, professionally qualified positions, middle management, and skilled technical roles. This has resulted in significant disparities in employment, occupation, and income within the national labour market. According to the statistics considered by the Department of Employment and Labour, the top categories of employment in South Africa are over-represented by white males, being a minority group in South Africa as well as a “non-designated group”. This demographic imbalance is the aftermath of historical disparities emanating from discriminatory apartheid policies. This demographic imbalance underscores the ongoing necessity for concerted efforts to promote diversity and inclusion within the upper tiers of organizational leadership.
To address these disparities and rectify the historical injustices, the Employment Equity Act aims to go beyond the repeal of discriminatory laws and practices by actively promoting employment equity which includes implementing affirmative action measures to redress the disadvantages of employment experienced by a designated group. It seeks to create a diverse workforce that is broadly representative of the country's population. Notwithstanding this objective, the EEA prohibits absolute barriers to advancement of any specific group. At present, designated employers are required to set numerical goals and targets with reference to the National Economic Active Population statistics, however there is not currently a minimum numerical goal/ target for specific sectors. The amendments seek to introduce minimum targets which designated employers are required to comply, unless there is a justifiable reason for non-compliance (for example, insufficient pool of suitably qualified candidates from designated groups).
Importantly, the implementation of affirmative action measures should not result in the termination of employment for individuals from non-designated groups. The EEA specifically provides that nothing in the Act requires a designated employer to take any decision concerning an employment policy or practice that would establish an absolute barrier to the prospective or continued employment or advancement of people who are not from designated groups. This would amount to unfair discrimination. Accordingly, whilst affirmative action contemplated in the EEA includes reasonable steps taken by a designated employer to appoint and promote suitably qualified people from designated groups, such affirmative actions measures must align with a designated employer’s employment equity plan, ensuring that affirmative action is implemented in a fair and structured manner without leading to the unjust termination of individuals from non-designated groups. Practically, the effect of the EEA on a group such as white males (including possibly, other groups (designated or not)) who are over-represented in a specific category at a designated employer is that there may be increased competition for certain positions, and designated employers may seek to prefer suitably qualified candidates from designated groups that are under-represented in that occupational category in an attempt to implement their employment equity plan and to reach the sectoral targets.

[@lesliechetty9095]

@@EmploymentlawallianceELA Thank you for the reply it was really helpful.😁 Keep up the good work.