Author Topic: Affirmative action measures  (Read 1174 times)

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Affirmative action measures
« on: July 23, 2015, 04:48:39 PM »
Affirmative action by nature discriminates against white male employees. However, in terms of the EEA, affirmative action measures, consistent with the purpose of the Act, are not unfair discrimination. Affirmative action is therefore fair discrimination.

When recruiting employees, an employer must implement affirmative action measures on a fair basis before it will be able to claim affirmative action to be a ground of fair discrimination. Employers who randomly use affirmative action as an excuse might not pass the test of fair discrimination. Employers should take note of the fact that affirmative action measures, which are consistent with the Employment Equity Act, do not include random appointment of people without a proper plan to further diversity in the workplace. A much broader process is involved in order to ensure that the process of affirmative action is fairly applied by an employer when recruiting AA candidates and appointing them.

The EEA also requires affirmative action measures not to be an absolute barrier to non-designated groups.

This means that the white male will always have the opportunity to compete or apply for a position, but may fall out due to preference being given to the Designated group. Advertisements or recruitment procedures which exclude the white male or female from applying for positions or promotions may be unfair, as it constitutes an absolute barrier. The employer must be fair in the process it follows. It must therefore have an affirmative action plan or policy, which is fairly applied. The courts have also recognised that employers can employ targeted recruitment to achieve its affirmative action goals and measures.

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