Employment Equity Act 55 of 1998
The Employment Equity Act (EEA) aims to achieve equality in the workplace by prohibiting unfair discrimination and requiring employers to implement affirmative action measures. Enacted in 1998, it addresses both individual discrimination and systemic inequality in employment. The Act applies to all employers and requires designated employers to prepare and implement employment equity plans.
Legal area: Law governing the relationship between employers and employees, including employment conditions, trade unions, and industrial relations.
Year enacted: 1998
Full text: https://www.gov.za/documents/south-africa-employment-equity-act-55-of-1998
Key Provisions
- Part II: Prohibition of unfair discrimination in employment
- Section 5: Employer’s duty to take reasonable steps to eliminate discrimination
- Part III: Affirmative action measures for designated groups
- Section 15: Designated groups including Black people, women, and persons with disabilities
- Section 16: Employment equity plans for designated employers
- Section 19: Numerical goals and targets for equitable representation
Significance
The EEA is a cornerstone of South Africa’s transformation agenda. It requires employers to address historical disadvantage in the workplace through affirmative action. The Act was amended by the Employment Equity Amendment Act of 2023, which introduced sectoral targets and strengthened enforcement mechanisms.