Progress on the implementation of the Employment Equity Act
Department of Labour

Agenda
Recap on objectives of Act
Implementing the Act
Prohibition of discrimination
Affirmative action: ten steps to achieve employment equity
Codes of Good Practice
Public service
Procurement

Purpose of Act
Promote equal opportunity and fair treatment in employment through elimination of unfair discrimination
Implement affirmative action measures to redress the disadvantages in employment experienced by blacks, women and people with disabilities.

Provisions of Act
Chapter 1: Definitions
Chapter 2: Prohibition of unfair discrimination
Chapter 3: Affirmative action
Chapter 4: Commission for Employment Equity
Chapter 5:Monitoring, enforcement and legal proceedings
Chapter 6: General

Prohibiting unfair discrimination
Act specifies circumstances when
discrimination is prohibited (unfair)
discrimination is fair.
Disputes can be dealt with
internally
CCMA: conciliation and arbitration (if parties agree)
Labour Court.

Progress on prohibiting unfair discrimination
CCMA processed 107 cases dealing with discrimination between August and Dec
1999
Jurisprudence mixed
focused on technical points
Woolworths case reversed on appeal.
Extensive advocacy campaign.

Affirmative Action
Employers are required to take certain steps to achieve employment equity
Steps are spelt out in:
Act
Regulations
code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans
Department will present them as ten steps.

The Ten Steps
Preparation
Step 1: Assign responsibility
Step 2: Communication, awareness and training
Step 3: Consultation
Step 4: Analysis

Implementation
Step 5: Affirmative Action measures and objectives
Step 6: Time frames established
Step 7: Allocation of resources
Step 8: Plan communication

Monitoring
Step 9: Monitor, evaluate, and review
Step 10: Report

Phase 1: Preparation
STEP 1: Assigning responsibility
EE Managers should:
Be permanent employees
Report directly to the CEO
Have key employment equity outcomes
EE Managers need:
The necessary authority or mandate
An appropriate budget
Time off from other duties and commitments
Access to required resources

STEP 2: Communication, awareness and training
All employees should
be made aware and informed of the content and application of the Act
be sensitised with regard to employment equity and anti-discrimination issues
be informed regarding the process to be followed
understand the importance of their participation in the process
be made aware of the need for participation of all stakeholders

Managers should:
be informed of their obligations in terms of the Act
be offered training in diversity management and related skills
understand that discrimination can be direct, indirect, or as a result of inaction or victimisation

STEP 3: Consultation
Start process as early as possible
How should this happen?
A consultative forum should be established or an existing forum used if this is
appropriate
Who should be included?
All stakeholders such as:
Representative trade unions
Employee representatives from:
designated groups
non-designated groups
all occupational categories and levels
Senior management, including the managers assigned with responsibility

STEP 4: Analysis
Firstly assess all employment policies, practices, procedures, and the working environment in order to:
identify barriers that may
contribute to the under-representation or under-utilisation of employees from the designated groups
contribute to the lack of affirmation of diversity in the workplace
adversely affect designated groups and
identify practices or factors that positively promote employment equity and diversity in the workplace.

What should be reviewed?
employee benefits arrangements
disciplinary practices
working conditions
the number and nature of dismissals, voluntary terminations and retrenchments
corporate culture
practices relating to the management of HIVIAIDS in the workplace which could be discriminatory
any other practices or conditions that are tabled by the consultative forum.

Secondly do a work place profile to determine the extent of under-representation of employees from the designated groups in the different occupational categories and levels of the employer's workforce.

An employer can compare his workforce profile:
with those of organisations of his workforce a similar size
with those of organisations within the same sector or industry
with those of organisations which are structurally similar and whose activities spread over a similar geographic area

Phase 2: Implementation
STEP 5: Affirmative Action measures and objectives
What are affirmative action measures?
those measures that need to be taken to address the employment policies, practices, and working conditions that were identified in Step 4 as having an adverse effect on the employment and advancement of members of designated groups.
For each specific practice identified, an affirmative action measure or measures need to be formulated and developed.

STEP 6: Time frames
The duration of a plan should be between one and five years.
Employers should decide on the duration of their plans given their particular circumstances and the timeframe in which they can make meaningful progress.

STEP 7: Resources
There should be adequate resources including:
Budgets which should be appropriately allocated.
People such as the manager(s) assigned with responsibiIity.
Time off for stakeholders.
Infrastructure such as a project office or meeting rooms.
Training and information sharing.
Any other resources that may be appropriate in the circumstances.

STEP 8: Communicate the plan
Communication should inform stakeholders:
Who is responsible for the implementation of the plan
Where information regarding the plan can be obtained
Objectives and duration of the plan
Dispute resolution procedures
Roles and responsibilities

Progress report on affirmative action
Documentation well received
Large number of inquiries and presentations
Some reports coming in but often not compliant
Establishment of registry outsourced
Feedback on compliance profiles expected November 2000.

Codes of Good Practice
Codes and regulations promulgated by Minister after advise of Commission for Employment Equity
Commission considered:
Code on the preparation, implementation and monitoring of EE plans
Regulations including forms.
CEE is considering following Codes:
Key aspects of HIVIAIDS and employment
Disability management in the workplace
Human resource policies and practices that support employment equity.
HIVIAIDS code published for public comment
Codes may be accompanied by technical assistance guidelines.

Public sector
Organs of state expected to report like all other employers
In addition they are required to table a report in Parliament
President needs to publish a list of all designated employers within organs of state by 1 June 2000.

Procurement
Section 53 of the Act has not yet been promulgated
Requires
That employers have first submitted first reports;
Co-ordination with the state and provincial tender boards.

Phase 3: Monitoring
STEP 9: Monitoring and evaluating the plan
Employers should
Keep records of the plan.
Implement mechanisms to monitor and evaluate the implementation of the plan.
Evaluate progress at structured and regular intervals.
Report on progress to the consultative forum and all stakeholders.
Review and revise the plan through the consultation process.

STEP 10: Reporting
Two reports have to be completed:
Employment Equity Report- Form EEA2.
Income Differential Statement- Form EEA4.
Second report includes a progress report.
150 or more employees:
Report annually to the Department of Labour
1 June 2000 and thereafter annually on the first working day of October.
Less than 150 employees:
Report bi-annually to the Department of Labour
1 December 2000 and thereafter every second year on the first working day of October.
Fewer reporting requirements.

Supporting documentation
Forms and annexures to the Regulations
EEA1 Employee Declaration
EEA2 Report Form
EEA3 Summary of the Act
EEA4 Income Differential Statement
EEA8 Demographic Information
EEA9 Occupational Levels
EEA10 Occupational Categories
Code of Good Practice
User Booklet
Website
Video