19.   THE PROMOTION OF EQUALITY : AFFIRMATIVE ACTION

 
19. The promotion of equality: affirmative action

19.1 BEE Legislation

19.2 The Employment Equity Act (EEA)
19.2.1   The EEA has some specific terminology
19.2.2   Section 13 of the EEA requires designated employers to fulfil the following duties
19.2.3   Section 15 defines what 'affirmative action measures' are
19.2.4   Managerial responsibility

19.3 Employment equity and the courts
19.3.1   Is there a hierarchy amongst the designated groups?
19.3.2   In deciding representivity, are national, provincial or municipal population statistics to be taken into account?
19.3.3   What weighting should be given to 'operational efficiency'?
19.3.4   What are the consequences of not having an employment equity plan?
19.3.5   Can courts intervene if an employer deviates from its employment equity plan?
19.3.6   Can the obligation to 'retain' employees from designated groups be used to prevent retrenchment?