How is Employment Equity Enforced?


In a nutshell the responsibility of the Employment Equity Act in South Africa is to ensure employers and employees are compliant with the Acts in place meant to protect the best interests of all South Africans. You may still find yourself asking: “how does employment equity work?” This article explores exactly that.

What is the purpose of the Employment Equity Act?

The Employment Equity Act is in place to create and promote both equality in the opportunities and the treatment of all individuals in or applying for employment. To eliminate unfair discrimination affirmative action measures are taken as a means of readdressing disadvantages implemented in the past.

Equal opportunities and representation in the work place for all South Africans is crucial to living in a world where unfair discrimination is completely buried in the past.

What is a designated employer in terms of the Employment Equity Act?

A designated employer, according to the Employment Equity Act is an individual who employs fifty or more people. A designated employer can also be defined by their total annual turnover, or employers can volunteer to become designated employers.

Once it is determined that an individual is a designated employer they are expected to carry out certain duties in accordance with the Employment Equity Act to keep their compliance and position intact. The designated employers are responsible for implementing affirmative action measures for designated groups in order for them to achieve employment equity. This includes:

  • Consulting with employees
  • Conducting analyses
  • Preparing an employment equity plan
  • Reporting of progress after implementing the employment equity plan to the relevant Director-General

They will also be responsible for appointing managers to help them implement and monitor the implementation of the employment equity plan.

To better understand the Acts in place in South Africa consult with our professionals to ensure your business legal compliance. Contact us to ensure your compliance with SERR Synergy.

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