| (a) |
The extent to which suitably qualified people from and amongst the different designated groups are equitably represented within each occupational level in that employer's workforce in relation to the demographic profile of the national and regional economically active population; |
| (b) |
reasonable steps taken by a designated employer to train suitably qualified people from the designated groups; |
| (c) |
reasonable steps taken by a designated employer to implement its employment equity plan; |
| (d) |
the extent to which the designated employer has made progress in eliminating employment barriers that adversely affect people from designated groups; |
| (dA) |
reasonable steps taken by an employer to appoint and promote suitably qualified people from the designated groups; and |
| (2) |
The Minister, after consultation with NEDLAC, may issue a regulation in terms of section 55 which must be taken into account by any person who is required to determine whether a designated employer is implementing employment equity in compliance with this Act. |
| (3) |
Without limiting subsection (1)(a), the regulation made in terms of subsection (2) may specify the circumstances under which an employer's compliance should be determined with reference to the demographic profile of either the national economically active population or the regional economically active population. |
| (4) |
In any assessment of its compliance with this Act or in any court proceedings, a designated employer may raise any reasonable ground to justify its failure to comply. |
[Section 42 substituted by section 16 of Act No. 47 of 2013]
Older Persons Act, 2006
