Background

In 1998, the Employment Equity Act 55 of 1998 was enacted as part of a legislative programme to address past disadvantages and inequality in the employment sphere. This Act addresses unfair discrimination in employment, and also outlines specific steps to be taken by employers to ensure the advancement of employees from previously disadvantaged groups (including women).

Prior to the adoption of the Employment Equity Act, the Gender Project commissioned research on various gender-related aspects of the proposed legislation. As part of this research project, a workshop was held during June 1998 (in association with the Social Law Project, University of the Western Cape) at which Coriaan de Villiers and Michelle O'Sullivan did a presentation on the Employment Equity Bill (B60-98) and its implications in the area of gender. This in turn formed the basis of a submission to the National Assembly Portfolio Committee on Labour (prepared and presented by Michelle O'Sullivan).

Further research was commissioned in order to establish the link between the Employment Equity Act and the proposed equality legislation, and to recommend ways in which either or both could be restructured to maximise legal protection for women against unfair discrimination in employment. A research paper on this issue by Coriaan de Villiers, entitled "Equality and Employment: A Better Deal for Women", was published in May 1999.

Sec 9(4) of the South African Constitution requires the enactment of national legislation to prohibit unfair discrimination. Draft legislation was submitted to Parliament during November 1999, and a series of public hearings were arranged by an Ad Hoc Joint Committee. The Gender Project prepared a written submission on the draft Equality Bill, and also did an oral presentation to the Committee.

The Project was a member of the Equality Alliance, and an alliance of organisations which discussed and prepared submissions to Parliament on the Equality Bill, now the Promotion of Equality and Prevention of Unfair Discrimination Act. The Project is often commissioned by other organisations to assist in training around Equality and Employment.