Do you know you can't hire a person based on how or where they were born? Society generally accepts that in a 'normal birth' the baby is born head first, face down. But, some cultures support the view that anyone born 'unnaturally' is cursed. For example, breech birth. Employers are free to hold personal views on birth. It just doesn't give you the right to discriminate against anyone who wasn't born 'naturally'.
The ONE checklist that'll show you if you're complying with all 26 changes to the Employment Equity Act...
If you don't comply with them, the DoL will be on your case. Employment Equity Act Compliance Toolkit Index
In fact, the DoL could fine you 10% of your turnover or up to R2.7 million!
Now 10% may not seem like a lot, but if your annual turnover is R6 million, you'd be liable to pay the DoL R600,000 for each area of non-compliance!
And if you're non-compliant with five of the changes that could be cost you R3 million. Can you afford to pay such a hefty fine?
That's a lot of money to fork out for something that you can avoid.
But what if I told you it's possible to make sure you're complying with ALL 26 of the new amendments with just one easy-to-use checklist?
This is when people refuse to do certain tasks because of their belief or conscience. For example, carrying a gun, objecting to serve alcohol or assisting with abortions. They are free to follow their beliefs, it just mustn't interfere with their jobs.
Always specify exactly what you'll need an employee to do. Make sure he understands that serving alcohol or carrying a gun is an inherent requirement of the job. State this in the job ad and tell him again during the interview. Make sure he knows that serving alcohol is a condition of employment. This way, you'll avoid issues if he refuses to do it because of conscious objections.
6. Designated groups
This refers to black people, women and people with disabilities. You must give them preference when you hire and promote employees. Just make sure they still have the qualifications and comply with the job requirements. Giving them preference is 'fair discrimination'. And it's in line with Employment Equity and Affirmative Action.
This is a long-term or recurring physical or mental impairment. And it limits the person's chances of getting a job. Or even advancing in one (Section 1 EEA).
People with disabilities are designated persons. You must give them preference when you hire or promote employees. But they must still have the qualifications and meet the requirements of the job. Always make sure you give disabled persons the chance to prove they can do the job.
8. Ethnic origin
You may not reject employees because they belong to the 'wrong' tribe, or the 'wrong' caste, or the 'wrong' clan, etc.
There are another 18 grounds you mustn't discriminate on. Turn to chapter D04: Discrimination in you Labour Law for Managers loose leaf. Still not a subscriber? Click here now.