20.   THE PROMOTION OF EQUALITY : AFFIRMATIVE ACTION

 
20. The promotion of equality: affirmative action
20.1 BEE Legislation
20.2 The Employment Equity Act (EEA)
20.2.1   The EEA has some specific terminology
20.2.2   Section 13 of the EEA requires designated employers to fulfil the following duties
20.2.3   Section 15 defines what 'affirmative action measures' are
20.2.4   Managerial responsibility
20.3 Employment equity and the courts
20.3.1   Is there a hierarchy amongst the designated groups?
20.3.2   In deciding representivity, are national, provincial or municipal population statistics to be taken into account?
20.3.3   What weighting should be given to 'operational efficiency'?
20.3.4   What are the consequences of not having an employment equity plan?
20.3.5   Can courts intervene if an employer deviates from its employment equity plan?
20.3.6   Can the obligation to 'retain' employees from designated groups be used to prevent retrenchment?