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Employment Equity Act 1990  061
Commenced: 1 Oct 1990
: Provisions Applying in Respect of Equal Employment Opportunities Programmes
Preliminary Programme in First Year (being a year ending on 31 January)
  Each employer to which Part II of this Act applies shall, in the first year in which that employer is bound by that Part of this Act, lodge under section 28 of this Act a preliminary equal employment opportunities programme.




                                SCHEDULE
                                                  Sections 28, 30 (2) (a)

     PROVISIONS APPLYING IN RESPECT OF EQUAL EMPLOYMENT OPPORTUNITIES
                                PROGRAMMES

 Preliminary Programme in First Year (being a year ending on 31 January)

   1. Each employer to which Part II of this Act applies shall, in the
 first year in which that employer is bound by that Part of this Act,
 lodge under section 28 of this Act a preliminary equal employment
 opportunities programme.

   2. The preliminary equal employment opportunities programme shall set
 out, among other things,---
   (a) The name of the person appointed to be responsible for overseeing
         the development and implementation of the equal employment
         opportunities programme, which person must have the skill and
         authority necessary for the discharge of the responsibility:
   (b) An outline of the consultation that is to be undertaken with
         unions and workers in relation to the development and
         implementation of---
           (i) The equal employment opportunities programme over a
         reasonable period of time; and
           (ii) Systems for the collection of data on the employment of
         members of designated groups (being data necessary for the
         purpose of monitoring the effects of the equal employment
         opportunities programme):
   (c) Details of the consultation that has taken place, before the
         lodging of the equal employment opportunities programme, with
         unions and workers in relation to the matters specified in
         paragraph (b) of this clause.

      Programme in Second Year (being a year ending on 31 January)

   3. Each employer to which Part II of this Act applies shall, after the
 preliminary equal employment opportunities programme lodged by that
 employer has been in force after approval by the Commissioner under
 section 30 of this Act for a period of 1 year, lodge a second equal
 employment opportunities programme.

   4. The second equal employment opportunities programme shall set out,
 among other things,---
   (a) A review of the implementation of the preliminary equal employment
         opportunities programme; and
   (b) A statement of any changes proposed to the equal employment
         opportunities programme in the light of---
           (i) Changing conditions; and
           (ii) Consultations with unions and workers; and
   (c) The action to be taken in relation to---
           (i) The identification and elimination of all aspects of
         policies, procedures, and other institutional barriers that
         cause or perpetuate, or tend to cause or perpetuate, inequality
         in respect of the employment of any designated group of persons;
         and
           (ii) The establishment of systems for the collection of data
         on the employment of members of designated groups (being data
         necessary for the purpose of monitoring the effects of the equal
         employment opportunities programme); and
           (iii) The need to consult with unions and workers in relation
         to the development and implementation of the equal employment
         opportunities programme over a reasonable period of time; and
           (iv) The need to educate all workers, including managers, in
         relation to the identification and elimination of all aspects of
         policies, procedures, and other institutional barriers that
         cause or perpetuate, or tend to cause or perpetuate, inequality
         in respect of the employment of any designated group of persons;
         and
           (v) The need to link the equal employment opportunities
         programme into personnel policies, the organisation of work,
         workplace design, the budget cycle, and business planning
         generally; and
   (d) A timetable for the implementation, within a reasonable period of
         time, of the equal employment opportunities programme; and
   (e) Realistic numerical and other targets that the employer will
         endeavour to attain---
           (i) During the first year to which the equal employment
         opportunities programme relates and the immediately following
         year; and
           (ii) At specified intervals beyond the 2 years mentioned in
         subparagraph (i) of this paragraph; and
   (f) Details of the consultation that has taken place, before the
         lodging of the equal employment opportunities programme, with
         unions and workers in relation to the matters specified in
         paragraphs (c) to (e) of this clause.

           Review of Equal Employment Opportunities Programmes

   5. Each employer to which Part II of this Act applies shall, at the
 end of the period of 2 years specified in clause 4 (e) (i) of this
 Schedule and thereafter at 1 year intervals,---
   (a) Review the implementation of the equal employment opportunities
         programme for the immediately preceding 1 year period; and
   (b) Determine any changes necessary to the equal employment
         opportunities programme in the light of---
           (i) Any failure to meet targets; and
           (ii) Changing conditions; and
           (iii) Consultations with unions and workers; and
   (c) Where changes are thereby shown to be necessary to the equal
         employment opportunities programme, submit a new or amended
         equal employment opportunities programme to the Commissioner
         under section 32 of this Act.
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