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Avoid these two areas of discrimination and you won't pay R2.7 million!

by , 21 October 2014
The Employment Equity Act promotes fair treatment for all workers by removing unfair discrimination. If you're found guilty of unfair discrimination the Department of Labour could fine you up to R2.7 million or 10% of your turnover.

You might say unfair discrimination is broad. But there are two important areas you need to specifically watch out for.

Keep reading below to see the two areas of discrimination you must eliminate in your company so the Department of Labour doesn't come after you...

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Two areas of discrimination to avoid in your workplace

1. Medical Testing
• You can only do medical testing of an employee when legislation requires it, or when it's justifiable.
For example, medical facts, employment conditions, social policy, fair distribution of employee benefits, inherent requirements of a job.

• HIV testing isn't allowed unless it's determined to be justifiable by the Labour Court.
It is, however, allowed if you're going to help employees with HIV through benefits, policies etc. (Employment Equity Act Chapter 2, Section 7)

2. Psychometric Testing
Psychometric testing and similar assessments are prohibited, unless the test or assessment is:
• Scientifically valid and reliable;
• Can be applied fairly to all employees; and
• Isn't biased against any employee or group. (Employment Equity Act Chapter 2, Section 7)

Note: Legally, you may only administer and use medical, psychological and other similar assessments if you're qualified and registered with the appropriate, recognised professional body of South Africa. For example, Health Professionals Council of South Africa, also known as the HPCSA.

P.S. With all the recent labour law changes, we've decided to do a wrap up workshop in Johannesburg next month. This workshop will include the recent changes to EEA and LRA that you must comply with immediately! Email your name to seminars@fsp.co.za and I'll keep you updated with more details.

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