Racial Quotas in the Workplace again- The Employment Equity Amendment Act of 2022 (that was signed in April 2023)

More than once every couple of months I would get a hysterical telephone call about a matter so urgent (that usually leaves no time to discuss the deposit needed) that I am required to immediately put all work aside and listen to this caller's problem. When the full story eventually comes out (because people who have urgent problems sometimes ironically have to take a lot of time getting to the point...) it turns out to be a debtor owing money from months ago and he has stopped answering his phone...

I tell you- people seem to want me to die from a heart attack or to just keep me in a sufficient state of fear so that inner peace be just this much out of reach...

So it is with the media as well-

Recently we had to hear that the Employment Equity Act 55 of 1998- which brought us Affirmative Action- was going to be amended to make provision for "racial quotas" at our workplaces again.

It gave talk shows something to discuss, political analysts the opportunity to make their voices heard on television and radio and- some might say- a lawyer something to type about.

I was actually very reluctant to write anything on this topic, but- when I began my research- I realised that other people than myself have been whipped into a frenzy by something that is not half as radical as it sounds...

You see this section here...?

  

Does it look like a grim preview of what is to come?

Well... it is not. That is a section from the old Employment Equity Act that is already in effect. I should know. My appointment as Candidate Attorney at Legal Aid SA in 2008 was a result of this Act...

If you understand this section (and the sections related to "Affirmative Action" and "Numerical Targets") you will realise that we already have "racial quotas" at some of our workplaces. If you have not seen any fussing over getting your area's demographics properly represented at your workplace it is likely because your employer is not a "designated employer" in terms of the old Act. That means your Employer does not employ enough people to qualify or that their turnover is simply not large enough...

So- what does the new Act change?

Well... the Minister of Labour can now intervene in certain sectors of our economy and determine numerical targets for employment. Intervention by the Minister was not necessary in the past and the "numerical targets" (exactly how many of each part of our demographics is to be employed i.e. how many from each ethnic group in our area, how many men, how many women, how many disabled individuals...) were mainly influenced by the demographics of our area.

So- what will influence these numerical targets now...? If the Legislature does not say we can fall back on already established principles on what should determine these targets...

The turnover threshold is also changed and some employers who have never been designated employers will now find themselves having to report to the Minister on employment equity plans that they have yet to learn how to put together...

Now- if you as an employer cannot come up with such a plan- will a death squad dressed in black show up at your house at night?

No-

The Minister may take into account that you have valid reasons for not having an employment equity plan or not meeting numerical targets. If you don't have any valid reasons there will still not be any death squad visiting you...

We also have to bear in mind here that existing jobs are not being threatened by this new Act. That means even less reason to be worried.

Now that you have one less thing to worry about I hope you can enjoy your week!