Affirmative Action: Ten Lessons Learnt From Recent Case Law

The Employment Equity Act 55 of 1998 (EEA) was established to achieve equity in the workplace through the elimination of unfair discrimination and the implementation of affirmative action measures.

A plethora of case law has come and gone before the courts where the application of the EEA has been analysed. We recently analysed some of the leading case law on point and have carved out ten prominent principles for employers to bear in mind when marketing new opportunities.

1. An employer is legitimately entitled to place reliance on the race, gender and/or disability of an applicant during the recruitment process in deciding whether or not to appoint the applicant. This does not amount to racial discrimination and is consistent with section 6(2) of the EEA, which permits employers to take affirmative action measures consistent with the purpose of the EEA.