On the episode of HR Wired, like we always do, we shine the spotlight on the most important aspect of business and that is the talent; Sibongile joins us remotely to bring major HR updates; on HR Chat, we have Lauren Salt who is a senior associate for Employment and Compensation Practice at Baker McKenzie in Johannesburg.
, she chats with us about the South African Employment Equity and how there's no provision for the Transgender individuals.
South Africa’s Employment Equity Act (EEA) contains a number of anti-discrimination provisions, as well as mechanisms for employers to collect, analyze, plan and report on employment equity information. The mechanisms, however, do not cater for those employees who do not identify with being either male or female. The practice of gathering and reporting only gender binary information for employment equity purposes might, therefore, be discriminatory.
“Where an employer forces an individual who, either biologically or otherwise, does not identify with a particular gender, to choose to be either male or female, this could amount to discrimination,”
Lauren explains that Chapter II of the Employment Equity Act (EEA) requires designated employers to implement affirmative action measures in respect of designated persons. Besides identifying non-white racial groups as designated groups, the EEA identifies women as part of such group. As a result, the central focus of the information gathering, analyzing, planning and reporting processes set out in the EEA is the delineation of the workforce into racial and sex categories. The template forms attached to the EEA envisage that 100% of the employer’s workforce is either male or female.
Ivan Israelstam also joins us to clarify the case of falsification of credentials and how that is not always dismissable.
To close of the show, we have Dr. Anish Shivdasani founder & CEO of Giraffe to chat with us about the current HR trends globally and then bring it back home in Africa.
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