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Employment Equity Act, 1998 [No. 55 of 1998].

Main Region

First Region

South Africa
Equality of opportunity and treatment
Law, Act

Second Region

Provides for protection against employment discrimination and for affirmative action. Chapter II prohibits discrimination in employment with regard to race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth. Also prohibits harassment based on any of the above grounds, as well as medical and psychological testing of employees, including for HIV status, except in certain circumstances. S. 11 provides that whenever an allegation of discrimination is made, the employer shall prove that no discrimination occured. Chapter III provides for affirmative action. Designated employers shall undertake affirmative action measures such as accomodation and removal of employment barriers for designated groups of employees. Designated employers include the State, employers with more than 50 employees, and employers with more than a specified annual turnover. Designated groups are black people, women, and disabled persons. Designated employers shall also prepare an employment equity plan which outlines affirmative action measures; these reports shall be submitted to the Department of Labour at designated intervals. Chapter IV establishes a Commission for Employment Equity. Chapter V provides for the enforcement of the Act.
C111 - Discrimination (Employment and Occupation) Convention, 1958

Partial entry dates region

    Date of partial entry into force
    Chapter IV (Proclamation No R. 55 of 1999).

Implementing Text region

Amended Text region

Amending Text region

Electronic region

Serial region

    Serial title
    Government Gazette
    Vol. 400
    No. 19370
    Page range
    55 p.