Lrm2601 Assignment 2

Student Number 36068152

LRM2601

Assignment 2 785643

1.1

Section 6 of the Employment Equity Act prohibits unfair discrimination against employees or job

applicants on one or more grounds of personal or physical characteristics like race, gender, sex,

pregnancy, origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief,

political oinion, culture, language and birth. These "prohibited" or other arbitrary grounds cannot be

taken into account in employment decision-making. However, it is fair for them to be taken into

account where they are relevant to either affirmative action measures or the inherent requirements of

a job. Thus the SAPS felt that these where inherent requirements for the job and are with in their

rights accodreding to Section 6 to advance their employment equity plan.

1.2

Designated groups are defined in the act as Black People, People with Disabilities and Woman. For a

person to be considered a member of a designated group they must be a South African citizen

through birth or descent, or through naturalisation before 1993.

1.3

Captain Barnard Would have been treated differently considering that he would of fallen with in a the

designated group of persons with Disabilities. He would have had a strong case for unfair

discrimination as the SAPS would not have been able to use this as a defence in order to justify why

he was not condisdered for the promotion. The SAPS used the defence that he did not fall with in the

scope of the designated groups in order for them to apply the employement equity act.

1.4

Yes the SAPS employ more than 50 people, they are not a part of the National Secret Service, The

National intelligence agency nor the Defence Force. They would be required yearly to submit the

relavent EEA r reports to the Department of Labour as they have more than 150 people working for

them. They would have to follow the Implantation process as defined in the Act as well as...