HOW TO DEAL WITH DISCRIMINATION!

IS affirmative action really unfair?

Take Tshepo and Thabi, they are engineers and have been working for the same firm for two years.

They’ve heard talks about a new management position opening and have both requested to attend management courses.

But only Thabi’s request was approved.

Unhappy about this, Tshepo went to his employer because he felt discriminated against.

His employer said Thabi’s request was approved because she was female and the company was trying to adhere to the affirmative action laws in the Employment Equity Act (EEA).

But Tshepo wasn’t sure what this meant and sought advice.

How does it work?

Under the EEA 55 of 1998, affirmative action is a law to place suitably qualified people from previously disadvantaged groups (black people, women and those with disabilities) in equal positions in the workplace.

This ensures equal opportunities in all job categories among the workforce of an employer.

What does the law say?

In terms of the Act, employers must:

• Find and remove things that badly affect designated groups.
• Support diversity through equal dignity and respect to all people.
• Make changes to give designated groups equal chances.
• Ensure equal representation in all job categories and levels in the workplace.
• Retain and develop designated groups.

Employers should have talks on employment equity and affirmative action with their workers to discuss studies, plans, and reports with workers and their unions.

Is Tshepo being discriminated against?
Section 6 (2) of EEA says affirmative action is not unfair discrimination, as these measures are consistent with the purposes of the Act.

Four things Scorpion can do for Tshepo:

1. Contact his employer to mediate a resolution.

2. If it’s unfair discrimination, refer the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) within six months of the event of discrimination.

3. Follow up with the CCMA on the status of the case.

4. Assist with possible Labour Court proceedings.

How to strike back

Tshepo understands this is not unfair discrimination and that affirmative action was designed to help previously disadvantaged groups get equal opportunities at work.

Scorpion Legal Protection can assist policyholders with labour-related queries