Chapter 7 - The Right to Equality in Employment (Employment Equity and Affirmative Action

Question 1

Who qualifies as a designated
employer ?

Answer 1

• An employer with 50 or more employees;
• Fewer than 50 employees but an annual turnover exceeding the relevant amount (previously in Schedule 4);
• A municipality;
• An organ of state, excluding the SANDF, NIA, and SASS;
• An employer designated under a collective agreement in terms of Section 23 or 31 of the LRA.

Question 2

What is the Barnard Principle ?

Answer 2

An employer may refuse to appoint or promote a White female if the level she applied for is already overrepresented.

Question 3

Is the Barnard Principle limited to White applicants ?

Answer 3

No, it can also be applied to Black candidates if overrepresentation occurs.

Question 4

What did the court rule about absolute targets based on national demographics ?

Answer 4

• Absolute targets (using only national demographics) could result in an unrepresentative provincial racial profile.
• Both regional and national demographics must be considered.

Solidarity case.

Question 5

What are quotas, according to the
court ?

Answer 5

Numerical targets become quotas when they are rigid and inflexible (Paragraph 51 of the judgment).

Solidarity case.