The Minister of Labour has introduced the Employment Equity Amendment Bill in Parliament. The Bill proposes to amend the Employment Equity Act No. 55 of 1998 in some of the following respects:
- The prohibited grounds of discrimination are extended to include “any other arbitrary ground.”
- The Bill outlaws discrimination in the form of different terms and conditions of employment for employees performing the same, or substantially the same, work, based on any of the prohibited grounds.
- Psychometric testing is prohibited where it is biased against any group of employees and where it has not been verified by the Health Professions Council of South Africa.
- An employee is permitted to refer cases of sexual harassment to the CCMA, as well as cases where the employee earns less than the basic prescribed minimum.
- Where a case of unfair discrimination is brought, the employer bears the onus to prove that it did not take place or that it is rational and not unfair.
- Reports by designated employers must be submitted every two years after submission of the initial report.
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