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Three additional changes you need to know about the amended Employment Equity Act

by , 01 August 2014
The amended Employment Equity Act (EE Act) takes effect today!

This follows President Jacob Zuma decision to declare 1 August 2014 as the effective date for the implementation of the Employment Equity Amendment Act of 2013.

Yesterday, we published an article in which we outlined the four key amendments to the Act. Today, we reveal additional changes to the Act so you can comply and avoid the steep penalties that range from R1.5million to R2.7million.

 

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On 16 January 2014 the Employment Equity Act amendments were passed. And you need to make sure you implement these changes correctly, so you don't make mistakes and cost your company money in fines for not complying. There are also going to be changes to the Labour Relations Act and Basic Conditions of Employment Act, and you need to be kept up to date with them, and know how to implement them in your business!

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Make sure you know about these three changes to the amended Employment Equity Act so you can comply


According to Global Business Solutions, the most important amendments to the Employment Equity Act are as follows:
 

#1: There's an extension of grounds of discrimination to include 'any other arbitrary ground'
 

According to the site, in the past the grounds for discrimination were limited to issues such as age, race, gender, etc. Whilst this wasn't an exhaustive list, the extension bars unfair discrimination on any arbitrary ground.
 

#2: Psychometric tests are to be certified by the Health Professions Council of South Africa (HPCSA) or a similar body
 

This is to ensure the test is scientifically valid and objective. But most importantly, it's to ensure you don't unfairly discriminate a certain employee or a certain group of employees when it comes to assessments.
 

#3: The burden of proof in discrimination cases has changed
 

The onus is now on you (employer) to prove that discrimination didn't take place and, if it did, that it was fair.

There you have it. Now that you know the key changes to the amended Employment Equity Act make sure you comply and avoid harsh penalties. To fully comply, we also recommend you check out our first installment of the key amendments to the Employment Equity Act here.
 

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