Employment equity act /EEA

PURPOSE OF THE EEA

This Act states that employees who do the same work (work of equal value) must be paid equally (equal pay).
No discrimination on grounds of gender in the workplace.
Promotes equal opportunity and fair treatment in the workplace.
Provides for employees to refer unresolved disputes to the CCMA.
Protects employees from victimisation if they exercise the rights given to them by the EEA.

IMPACT OF THE EEA ON BUSINESS

POSITIVE/ADVANTAGES

Promotes equal opportunity and fair treatment in the workplace.
Provides all employees with an equal opportunity to be selected/appointed/ promoted in a position.
Provides employees with legal recourse if they believe they have been unfairly discriminated against.
Motivates employees because the workforce is more diverse/representative/inclusive
Encourages diversity in business by employing people from various racial backgrounds.
Encourages consultation between employer and employees.

NEGATIVES/DISADVANTAGES

Increased administration burden, as businesses must compile/submit employment equity
reports every two years.
Expensive to train/employ someone who knows little about the Act.
Fines/Penalties for non-compliant businesses may be expensive for the business.
Employers have to appoint one or more senior managers to ensure the implementation of
the plan, which increases salary expenditure
Businesses must submit a compliance certificate before they can conduct business with
state businesses

PENALTIES FOR NON-COMPLIANCE

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

ACTIONS CONSIDERED DISCRIMINATORY BY THE EEA

Not employing a young woman because she would want to have children in future.
Refusing to employ a person because he/she has strong religious beliefs/has a disability
Doing HIV testing unless justified by the Labour Court.
Denying people access to the workforce based on gender/race/culture/etc. and treating them unfairly.

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