Affirmative action is an important policy tool South Africa adopted to address the historical imbalances created by apartheid, which denied equal opportunities to specific groups. Although considered illegal by the United Nations, the Employment Equity Act (EEA) of 1998 was enacted to promote affirmative action in the workplace and redress the systemic discrimination experienced by designated groups in the past.
The designated groups under the EEA include black people, women, and people with disabilities. Affirmative action aims to ensure that these groups have equal access to employment opportunities and are represented at all levels of the business, from entry-level positions to senior management
Equal consideration
Affirmative action has several critical components designed to promote equal opportunities for designated groups in the workplace. Firstly, it ensures that qualified individuals from designated groups are given equal consideration for employment and promotion opportunities. This means employers cannot discriminate against these individuals based on their race, gender, disability, or any other characteristic that may be protected under the EEA.
Recruitment and selection
Secondly, affirmative action promotes the use of recruitment and selection criteria that are fair and objective. Criteria relevant to the job do not unfairly disadvantage individuals from designated groups. For example, employers can only require qualifications or experience essential to the job, as this may exclude individuals who have not had equal access to education or training opportunities in the past.
Job classification.
Thirdly, affirmative action ensures that job classification, grading, evaluation, and disciplinary measures are fair and equitable for all employees, regardless of their race, gender, or other protected characteristics. Employees must be evaluated based on their performance and not on factors such as their race or gender.
Remuneration.
Fourthly, affirmative action ensures that employees are remunerated fairly and provided equal benefits. This means that employers cannot pay employees different salaries based on their race, gender, or any other characteristic that is protected under the EEA.
Employee development
Fifthly, affirmative action promotes training, experience, planning, and development opportunities for employees from designated groups. This means that employers must provide equal opportunities for training and development to all employees, regardless of their race, gender, or other protected characteristics.
Working environment
Sixthly, affirmative action promotes a safe and healthy working environment for all employees, including those with disabilities. Provide reasonable accommodation to employees with disabilities and take steps to prevent harassment and unfair treatment in the workplace.
Discrimination
Finally, affirmative action ensures that employees from designated groups are protected against unfair treatment and discrimination in the workplace. No employers may discriminate against these employees in any way. They must take steps to address any complaints of unfair treatment or harassment.
However, it is essential to note that affirmative action is not intended to discriminate against non-designated persons, and it is illegal for employers to prevent non-designated persons from benefiting from affirmative action.
Under the Employment Equity Act (EEA) of 1998, it is unlawful for employers to exclude or prevent any non-designated person from benefiting from affirmative action in terms of employment equity and equality. This means that all employees, regardless of their race, gender, or other protected characteristics, should have access to equal employment and promotion opportunities.
Furthermore, employers are prohibited from discriminating against non-designated persons, including in the recruitment and selection process, job classification, grading, evaluation, disciplinary measures, remuneration and benefits, training and development opportunities, and providing a safe and healthy working environment.
Employers must ensure that all employment practices and policies are fair, objective, and merit-based, which means that selection criteria for employment and promotion should be relevant to the job and not unfairly disadvantage non-designated persons. Employers must also ensure that they do not perpetuate discrimination by excluding non-designated persons from training and development opportunities or providing unequal remuneration and benefits.
In conclusion, while affirmative action promotes equal opportunities for designated groups, it is illegal to discriminate against non-designated persons. Employers must ensure that all employment practices and policies are fair and objective.
Conclusion
Affirmative action is an important policy tool South Africa has adopted to promote equal opportunities in the workplace and address historical imbalances created by apartheid.
The EEA sets out several components that are designed to promote affirmative action, including equal representation on all levels of the business, fair employment and promotion opportunities, fair recruitment and selection criteria, fair job classification, grading, evaluation, and disciplinary measures, fair remuneration and benefits, training and development opportunities, a safe and healthy working environment, and protection against harassment and unfair treatment.
By implementing affirmative action, South Africa is taking an essential step towards creating a more just and equal society for all its citizens by ensuring equal opportunities for all.
Find more information on how to implement employment equity in my other articles or visit our website to enrol for the next employment equity training course.