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.