MRL3702 STUDY UNIT 4 - EMPLOYMENT EQUITY ACT EXAM STUDY GUIDE WITH COMPLETE

MRL3702 STUDY UNIT 4 - EMPLOYMENT EQUITY ACT EXAM STUDY GUIDE WITH COMPLETE SOLUTIONS PROHIBITION OF UNFAIR DISCRIMINATION - Answer️️ -1. no person may unfairly discriminate,directly or indirectly against an employee, in any employment policy or practice, on one of more grounds, including race, gender, sex, pregnancy,marital status, family responsibility, ethnic or social original, color, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or any other arbitrary ground. IT IS NOT UNFAIR DISCRIMINATION TO - Answer️️ -a) take affirmative action measures consistent with the purpose of this Act b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. HARASSMENT OF AN EMPLOYEE - Answer️️ -is a from of unfair discrimination and is prohibited on any one or a combination of grounds of unfair discrimination listed in subsection 1 EMPLOYMENT EQUITY AMENDMENT ACT - Answer️️ -1 AUGUST 2014 INTERNATIONAL LABOUR ORGANISATION (ILO) - Answer️️ -examples 1 Convention 111 on Discrimination (employment and occupation ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 2. Convention 100 Equal Rumenraiton. PEPUDA - Answer️️ -Promotion of Equality and Prevention of Unfair Discrimination Act 2000 FORMAL EQUALITY S9(3) AND (4) - Answer️️ -Prohibits unfair discrimination Focuses on protecting individuals against discrimination SUBSTANTIVE EQUALITY S9(2) - Answer️️ -Requires affrimative action Recognises that opportunities are determined by an individual's status as a member of a group. DIFFERENTIATION - Answer️️ -Treating people differently occurs frequently in worplace 1. when people apply for posts 2. when employees apply for promotion. Such differentiation is acceptable. - basis on valid grounds and serves legitimate purpose. DISCRIMINATION - Answer️️ -Particular form of differentiation that is bases on an unlawful ground. Intention is relevant when the court decides on the relief to be awared. LEONARD DINGLER EMPLOYEE REPRESENTATIVE COUNCIL v LEONARD DINGLER PTY LTD - Answer️️ -Only monthly paid employees were covered by a specific (good) pension fund. Court found the fact that only 8 black employees out of a ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 total of 50 whom had been paid monthly, was disproportional and constituted indirect, unfair discrimination against the black employees. DIRECT & INDIRECT DISCRIMINATION - Answer️️ -Direct discrimination usually easy to detect and determine. - Occurs if someone is clearly treated differently because of a certain characteristic. (race or gender) Indirect discrimination is found when criteria that appear to be neutral, negatively affect a certain group disproportionately ( gay or Hindu people or woman) - Disguised and hard to detect) EEA - THREE ADDITIONAL GROUNDS - Answer️️ -Family Responsibility HIV Status Political opinion HARKSEN v LANE NO - Answer️️ -Argued that relevance to workplace needs could not be an arbitrary ground as it could not affect a person's dignity. PURPOSES OF THE EEA - Answer️️ -Applies to all employees as far as the prohibition of unfair discrimination is concerned, but with regard to the application of affirmative action it applies only to designated employers. EEA Specifically excludes members of: 1. National Defenc eForce 2. National Intelligence Agency 3. Secret Service 4. National Academy of Intelligence ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 5. directors and staff of Comsec OTHER EQUALITY LEGISLATION THAT IMPACTS EMPLOYMENT RELATIONSHIP - Answer️️ -1. PEPUDA 2. LRA 3. BBBEEA 4. WEGEB (Women Empowerment and Gender Equality Bill) PEPUDA (PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT) - Answer️️ -- Promoting equality - preventing unfair discrimination in ALL spheres of society Does not apply to persons defined as employees Independent contractors may rely on the protection of the PEPUDA PURPOSE OF THE EEA - Answer️️ -1. PROHIBITION AGAINST UNFAIR DISCRIMINATION 2. AFFIRMATIVE ACTION ESTABLISHING UNFAIR DISCRIMINATION - Answer️️ -Section 6(1) of the EEA provides that NO PERSON may unfairly discriminate against an employee in ANY EMPLOYMENT POLICY OR PRACTICE. ESTABLISHING UNFAIR DISCRIMINATION - FIRST STAGE - Answer️️ -Establishing factual foundation for alleged differentiation and the grounds on which dif