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'Watch out for these two potential areas of discrimination,' says the EE Act

by , 06 August 2014
One of the key objectives of the Employment Equity Act (EE Act) is to promote equal opportunities for all through the removal of unfair discrimination.

This applies to ALL employers operating in South Africa, regardless of the nature or size of your organisation.

Continue reading to discover the two potential areas of discrimination that the EE Act recommends you watch out for so you can avoid unfair discrimination claims in your workplace.


*********** Hot off the press ************
 

There are 26 changes to Employment Equity Act you must comply with in 2014...

If you don't comply with them, the DoL will be on your case.

In fact, the DoL could fine you 10% of your turnover or up to R2.7 million!

Discover how to check if you're complying with all of them to avoid crippling DoL fines.
 

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The EE Act warns against these two potential areas of discrimination
 

Potential area of discrimination #1: Medical testing

According to the Act, you can only do medical tests on 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.

The EE Act disallows HIV tests. But you can do this test if a labour Court says it's justified.

Another instance where you can do this test is if you're going to help employees with HIV through benefits, policies etc.
 

Potential area of discrimination #2: Psychometric Testing
 

The Labour Law for Managers Loose Leaf Service says the EE Act also doesn't allow psychometric tests and similar assessments,
unless the test or assessment:
 

  • Is scientifically valid and reliable;
  • Isn't biased against any employee or group; and
  • Is certified by the Health Professionals Council of South Africa.
  • It's also important for you to apply the test fairly to all employees.
     

Many employers find themselves facing unfair discrimination claims because they cross the line when doing medical and psychometric tests. Don't fall into the same trap now that you know that these are potential areas of discrimination! Stick to what the EE Act says and you'll avoid unfair discrimination claims in your workplace.

 

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