Draft Employment Equity Bill: briefing

THE EMPLOYMENT EQUITY BILL
Department of Labour 1997

PURPOSE OF EMPLOYMENT EQUITY BILL
· Eliminate discrimination in employment
· Implement employment equity

Application of the Employment Equity Bill
· Unfair discrimination: all employers
· Employment equity: designated employers in respect of designated groups.
· Members of the defence force, security and intelligence services excluded from Bill

Unfair discrimination
· Grounds
· Employment policies or practices
· Harassment
· Medical testing
· Exclusion of employment equity measures and inherent requirements.

Designated groups
· Black people (African, Coloured, Indian)
· Women
· People with disabilities

Designated employers
· 50 or more employees
· Municipalities
· Organs of state designated by President
· Volunteers

Employer duties
Consult employees
Conduct analysis and prepare profile
· Prepare Employment Equity plan
· Implement Employment Equity plan
· Report annually to Department

Employment equity: positive measures
Identify and remove barriers
Diversity
Reasonable accommodation
· Affirmative action in appointment and promotion of suitably qualified
· Measures to retain, train and develop

Employers not obligated to
· implement quotas
· appoint persons not suitably qualified
· bar persons not from designated groups
· create new jobs

Other employer duties
Disclose information
Assign senior manager/s
Publish report
· Inform employees
· Keep records

Employment Equity Plans
Objectives
Removal of barriers
Positive measures
Numerical goals
Timetable
· Duration (1 to 5 years)
· Monitoring procedures
· Internal disputes
· People responsible

Report
First report to Department of labour within 18 months of becoming designated employer. Thereafter on 1 October every year.

Commission for Employment Equity
· Chair and 9 Nedlac nominees
· Advisory body
· Part-time
· Department resources and staff

Disputes
Unfair discrimination
CCMA
Labour Court
· Employment equity
CCMA
Arbitration

Monitoring
· Employees and unions
· Labour inspectors
· Director General

Enforcement
· Labour inspectors
- compliance order re employment equity
- Labour court order
· Director General
- request information and documents
- review employer's compliance with Employment Equity obligations with Bill
- approve Employment Equity plan or make recommendation
refer non-compliance to Labour court

· Register of reporting employers
· Eligibility for State tenders
· Certificate of compliance

Powers of Labour court
· Fines
· Punitive damages for unfair discrimination
· Compliance order
· Approve medical testing
· Any other order to give effect to Bill