Employment Equity Act

This week Ivan Israelstam explains what it means when the Employment Equity Act requires that employers should not unfairly discriminate. Examples and cases are used to illustrate how important it is for employers to understand exactly what would constitute unfair discrimination. 

At this time of year, all employers who are "designated employers" in terms of the Employment Equity Act should be finalising their EE reports (EEA2 and EEA4) for submission before 15th January 2018. Therefore, this week's article by Ivan Israelstam is of great interest.  He explains why a Chinese employee is included for the definition of previously disadvantage, how the cases based upon affirmative action have been decided, and points out the very large penalty for a first offence of non-submission of the EE report.

This week Ivan Israelstam looks at the cases of alleged sexual harassment.  Questions answered are: how should an employer respond to sexual harassment allegations by an employee, and what are the obligations placed upon an employer?   

It is critical that employers correctly identify what are the inherent requirements of a job. These should be based very clearly on what is required to meet the requirements of the job. Requirements should not be based on any potentially discriminatory criteria, such as religious belief. An issue arises when a requirement of the religion, such as growing a beard is potentially in conflict with a company rule requiring employees to be clean-shaven. This week Ivan Israelstam explains further how such apparent conflicts are judged.

Human resource practitioners will be aware of the saying that one employs for qualifications and dismisses for behaviour. Individuals who have been model employees may suddenly start behaving in uncharacteristic ways, brought on by personal relationship problems, trauma, or forms of physical or mental illness. No matter how frustrating the behaviour may be for the employer Ivan Israelstam explains why it is critical that employers behave correctly.

Subscribe to Employment Equity Act