Employment Equity Law
Employment Equity Law is a comprehensive guide to the field of employment equity.
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Product description
Employment Equity Law is a comprehensive guide to the field of employment equity.
Employment Equity Law integrates workplace law and the constitutional equality framework and provides details how to apply general principles to particular workplace practices or policies. As such, it is ideal for legal and human resource practitioners and students of labour law.
Available in print (looseleaf) and online format. Print includes updates for 12 months, thereafter updates are billed annually in advance. Online format must be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
Table of contents
Introduction
Employment Equity
Sources of employment equity law
Plan of the book
Constitutional framework for equality in employment
Substantive equality
Equality and dignity
Framework for establishing inequality and unfair discrimination
Mere differentiation and unfair discrimination
Mere differentiation
Unfair discrimination
Justification of mere differentiation
Direct employment discrimination
Direct and indirect employment discrimination
Intention to discriminate
Discrimination "based on" one or more prohibited grounds
"One or more" grounds of discrimination
Comparability
Disadvantage
Indirect employment discrimination
Introduction
Comparative overview
Requirements for indirect employment discrimination
Justification of employment discrimination
Introduction
Legitimate grounds of justification
Standard of proof
Inherent requirements of the job
Other fairness-based defences
Harassment
Introduction
General aspects
Sexual harassment
Pregnancy (reproductive) harassment
Racial, ethnic, religious and national origin harassment
Disability harassment
The Protection from Harassment Act 17 of 2011
Reasonable accommodation
Introduction
The constitutional foundations of reasonable accommodation
Comparative overview
The interface between reasonable accommodation and affirmative action under the Employment Equity Act
The interface between reasonable accommodation, human rights and social constructions of disability
Defining disability
Applying reasonable accommodation
Reasonable accommodation of pregnancy and maternity
Reasonable accommodation of family responsibility
Reasonable accommodation of religion and culture
Discrimination in employment policies and practices
Recruitment
Appointment
Promotion
Job assignment
Transfer
Remuneration and employment benefits
Leave
Work schedules and work hours
Overtime
Retirement
Dress codes, grooming and appearance standards
Working environment and facilities
Training and development
Disciplinary measures
Demotion
Dismissal
Affirmative action
Introduction
The relationship between substantive equality, affirmative action and the right against unfair discrimination
Requirements of affirmative action in terms of section 9(2) of the Constitution
Employment equity plans
Introduction
Broad-based black economic empowerment and employment equity
Employers bound by the duty to implement affirmative action
Duty to consult
Analysis
Employment equity plan
Employment equity report
Review of employment equity report
Monitoring and enforcement
Monitoring by employees and trade unions
Powers of labour inspectors
Undertaking to comply and compliance order
Objections against compliance orders
Appeal from a compliance order
Assessment and review by the Director-General
Legal proceedings and remedies
Jurisdiction
Procedure in discrimination and victimisation disputes
Procedure in automatically unfair dismissal disputes
Unfair discrimination remedies
Unfair dismissal remedies
Awards for costs
Review of awards
Appeals
Employment Equity Act 55 of 1998
General Administrative Regulations, 2009
Codes of Good Practice
