3. Employment Equity Act (EEA), 1998 (Act 55 of 1998)

Question 1

3.1 Purpose of the EEA

Answer 1

• Promotes equal opportunities and fair treatment in the workplace.
• Provides for employees to refer unresolved disputes to the CCMA.
• Protects employees from victimization if they exercise the rights given to them by the EEA.
• It prohibits any discrimination based on race, gender, or disability in the workplace.

Question 2

3.2 (A) Impact of the EEA on businesses (ADVANTAGES)

Answer 2

• Encourages diversity in businesses by employing people from various racial backgrounds.
• Provides employees with an equal opportunity to be promoted in a position.
• Promotes equal opportunities and fair treatment in the workplace.

Question 3

3.2 (B) Impact of the EEA on businesses (DISADVANTAGES)

Answer 3

• Expensive to train/employ someone who knows little about the Act.
• Increased administration burden as business must compile employment equity reports every two years.
• Often, positions go unfilled because there is no suitable employment equity candidate.

Question 4

3.3 Actions regarded as non-compliance by the EEA

Answer 4

• Denying people access to the workforce based on gender, race or culture, etc.
• Not employing a young woman because she will want to have children in the future.
• Refusing to employ a person because he/she has a disability.

Question 6

3.4 Penalties or consequences for non-compliance to the EEA

Answer 6

• Fines may be imposed on businesses that fail to comply with its reporting obligations.
• Department of Labour may block non-compliant from doing business with the government.
• Business may be taken to the Labour Court for prosecution.

Question 7

3.5 Ways in which businesses can comply with the EEA

Answer 7

• Reasonable accommodation of people from designated groups.
• Implement an employment equity plan.
• Employees must be paid equal for work of equal value.
• Business must guard against discriminatory appointments.
• Promote equal opportunities and fair treatment.