Our summary of the basic guide to key topics about Affirmative Action within the labour legislation according to The South African Department of Labour.

The Department of Labour offers basic guides to key topics within labour legislation. Read on for our summary of Affirmative Action.

What is Affirmative Action?

Affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace.

Research has concluded that the affirmative action legislation has led to reforms to create more equal opportunities for people of all races, ages and disabilities. Affirmative Action legislation has trumped Constitution which states that South Africa is a non-racial, non-sexist democracy. And the Constitutional Court.

Who does the Employment Equity Act apply to?

All employers, workers and job applicants, but not members of the:

- National Defense Force;
- National Intelligence Agency; and
- South African Secret Service.

The provisions for affirmative action apply to:

Employers with 50 or more workers, or whose annual income is more than the amount specified in Schedule 4 of the Act;
- municipalities;
- organs of State;
- employers ordered to comply by a bargaining council agreement;
- any employers who volunteer to comply.

What are the Affirmative Action Measures?

- Employers must make sure designated groups (black people, women and people with disabilities) have equal opportunities in the workplace.
- Designated groups must be equally represented in all job categories and levels.

Why is Affirmative Action Necessary?

- Affirmative action makes sure that qualified designated groups (black people, women and people with disabilities) have equal opportunities to get a job.
- They must also be equally represented in all job categories and levels of the workplace.

What Measures Must Employers Take?

Employers must:
- find and remove things that badly affect designated groups;
- support diversity through equal dignity and respect to all people;
- make changes to ensure designated groups have equal chances;
- ensure equal representation of designated groups in all job categories and levels in the workplace; and
- retain and develop designated groups.

Should Affirmative Action be discussed with Workers?

Employers must discuss employment equity issues with their workers. They must include different kinds of workers in the talks.

Who Should Employers Talk To?

- When they discuss employment equity, employers must make sure they include workers from:
- all job categories and levels;
- designated groups (black people, women and people with disabilities); and
- workers who are not from designated groups.

What Should Employers Discuss with Workers?

Employers must talk to workers or their unions about their employment equity:
- studies;
- plans; and
- reports.

Source: South African Department of Labour