PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON ENERGY EMPLOYMENT EQUITY ACT, 1998 PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON ENERGY 11 NOVEMBER 2011

CONTENTS Context of the EEA in relation to Constitution Purpose of the EEA Chapter 2: Prohibition of Unfair Discrimination Regulatory mechanisms - Codes of Good Practice Chapter 3: Affirmative Action Monitoring & enforcement mechanisms

Context of the EEA Section (9(2) of the Constitution states that: “Equality includes the full and equal enjoyment of all rights and freedom. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons disadvantaged by unfair discrimination may be taken”

Purpose of the EEA Purpose of the EEA is to: achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups to ensure their equitable representation in the workplace.

CHAPTER 2: Prohibition of Unfair Discrimination Every employer must take steps to promote equal opportunity in workplace by eliminating unfair discrimination. Section 6 states that: ‘No person may unfairly discriminate, directly or indirectly against an employee in any employment policy or practice based on one or more grounds, including race, gender, sex, pregnancy, age, disability, religion, HIV status, etc.’

CHAPTER 2: Codes of Good Practice Code on Key Aspects of HIV & AIDS and Employment (2000) & its Technical Assistance Guidelines (TAGS) to – ‘To provide implementation guidelines on how to ensure that individuals affected by HIV & AIDS are not unfairly discriminated against in the workplace’ Code on Employment of People with Disabilities & TAGs (2002) to ‘To provide implementation guidelines to ensure that employees with disabilities know their rights and are able to deal with unfair treatment and discrimination against them in the workplace.’

CHAPTER 2: Codes of Good Practice Cont.. Code on Integration of EE in HR Policies & Practices (2005) to – ‘To provide implementation guidelines on how to promote equality and fair treatment by amongst other things, mainstreaming gender equality issues in HR policies and practices to eliminate unfair discrimination in the workplace.’ Code on Handling of Sexual Harassment Cases in the workplace (2005) to –

CHAPTER 3: Affirmative Action Applies only to DESIGNATED employers (i.e. Employers with 50 and more employees) Designated employers are required to: consult employees; conduct analysis of workplace policies and practices, workforce profile & environment; prepare & implement EE Plan; and submit EE Report to indicate progress in achieving EE. Monitoring & enforcement mechanisms by DOL: CEE Annual Reports with EE status EE inspections DG Reviews

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