Chapter 5 Flashcards
Equity in the work space
What is the primary purpose of the Employment Equity Act (EEA) in South Africa?
The primary purpose of the EEA is to eliminate workplace discrimination and provide for Affirmative Action measures to address disadvantages in employment.
Which groups are considered designated groups under the EEA, making them beneficiaries of Affirmative Action measures?
Designated groups include black people, women, and people with disabilities.
What triggers the application of Affirmative Action obligations for employers under the EEA?
Employers with 50 or more employees are designated employers and must implement Affirmative Action measures. Smaller employers may voluntarily comply.
How does the EEA differentiate between fair and unfair discrimination in the workplace?
Unfair discrimination is prohibited under the EEA, with a focus on the impact on the complainant. The differentiation is presumed unfair if based on specified grounds, otherwise the complainant must establish unfairness.
What are the two defenses available to employers accused of unfair discrimination under the EEA?
The Affirmative Action defense, justifying measures consistent with the Act’s purposes, and the Inherent Requirements of the Job defense, allowing distinctions based on job requirements.
How does the EEA address the issue of equal pay for employees performing the same or substantially the same work?
The EEA prohibits any difference in terms and conditions of employment based on listed grounds, ensuring equal pay for equal work or work of equal value.
What obligations does the EEA place on employers regarding harassment in the workplace?
The EEA declares harassment as a form of unfair discrimination and holds employers liable for acts of harassment committed by employees. Employers must take proactive steps to eliminate harassment.
In what circumstances does the EEA allow medical testing of employees?
Medical testing is permitted if justified by legislation, employment conditions, social policy, fair benefit distribution, or inherent job requirements.
How does the EEA define Affirmative Action measures, and what do they encompass beyond preferential appointments?
Affirmative Action measures, as defined by the EEA, go beyond preferential appointments and include promotion, training, policy analysis, removal of discriminatory barriers, and reasonable accommodation.
What jurisdiction is responsible for adjudicating unfair discrimination disputes under the EEA, and what are the referral options for unresolved disputes?
Unfair discrimination disputes are adjudicated by the Labour Court, with the option of referral to the CCMA for arbitration if both parties consent or if the dispute involves sexual harassment or the employee earns less than the prescribed threshold
