IMPLEMENTING EMPLOYMENT EQUITY ACT

CONTENT OUTLINE Includes challenges and resolutions in the following areas: Reporting; Enforcement; and Advocacy.

Reporting challenges To improve the quality of data collected from employers; To accelerate the speed in which feedback is given to employers; To support enforcement operations by providing inspectors electronic access to employer information; Data collection, especially on people with disabilities, has been very poor; and A number of Employer EE Reporting forms are either incomplete or inaccurately completed;

Response to Reporting challenges Better IT enhancements to facilitate better capturing of reporting information and identifying gaps. New EE Registry System Developed to allow for online reporting and public access to reports for research and benchmarking etc. Roll-out of EE system to provinces.

Enforcement challenges The need to interpret and enforce deeper legal requirements. Procedural compliance is more similar to inspections whereas substantive compliance is more complex and requires resources. Regulations need tightening to strengthen enforcement of the Act.

Response to Enforcement challenges Roving team of national specialists identified and capacitated to facilitate deeper interpretation and enforcement of the EEA; DG Review System is about to be implemented. This System will ensure DoL is able at an in depth level to establish whether an employer is complying with the EEA at a substantive/ meaningful level. Implementation will be based on an IT analytical tool with dedicated Review Officers. 24 National Government Departments inspected. Areas of non-compliance included, amongst others: Lack of consultation Meaningful planning Assignment of senior managers to drive the process Information sharing on EE matters.

Response to Enforcement challenges (continue) Regulations were amended to improve on receiving accurate and complete forms, improve data collection and to strengthen the capacity to enforce the EEA.

Advocacy challenges Policy documents like Codes of Good Practice and Technical Assistance Guidelines are not in all official languages yet. Still ignorance in workplaces on some of requirements and methods of implementation. Only 0.2% of the 2.0% target set for people with disabilities in the Public Service has been reached.

Response to Advocacy challenges The Department is in the process of translating all Codes of Good Practice and Technical Assistance Guidelines into all official languages. Assisting DPSA to prepare and facilitate training workshops for National and Provincial Departments. NEDLAC EE Task team road shows to increase the level of reporting. These Government workshops will focus on the Technical Assistance Guidelines on the Employment of People with Disabilities and the integration of disability into the preparation, implementation and monitoring of employment equity plans in order to expedite the process of increasing the employment of people with disabilities in the public service.

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