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Employment Equity Act, 1998 (Act No. 55 of 1998)


Employment Equity Regulations, 2014

Duties of a Designated Employer

8. Collecting information and conducting an analysis


(1) When a designated employer collects information contemplated in section 19 of the Act, the employer must request each employee in the workforce to complete a declaration using the EEA1 form.


(2) An employee may add information to the EEA1 form.


(3) Where an employee refuses to complete the EEA1 form or provides inaccurate information, the employer may establish the designation of an employee by using reliable historical and existing data. People with disabilities have the right not to declare their disability, unless it is in line with the inherent requirements of the job.


(4) A designated employer must conduct an analysis as required by section 19 of the Act by reviewing its workforce profile and employment policies, practices, procedures and the working environment in order to identify employment barriers which adversely affect people from designated groups from being equitably represented across all occupational levels. The outcome of the analysis should be reported using the EEA12 in these regulations.


(5) A designated employer must refer to the relevant Codes of Good Practice issued in terms of section 54 of the Act as a guide when collecting information and conducting the analysis required by section 19 of the Act.


(6) When a designated employer conducts the analysis as required by section 19 of the Act, the employer may refer to—
(a) EEA8, a guide on the applicable national and regional economically active population (EAP); and
(b) EEA9, which contains a description of occupational levels.