Employment Equity Legislation Research Articles

A Mixed Methods Exploration of Measurement, Impact and Strategy for Affirmative Action and Socio-economic Justice in the South African Financial Sector

Socioeconomic transformation in post-apartheid South Africa is regulated by affirmative action (AA) and employment equity legislation. This paper aims to report on the empirical exploration of the measurement, impact and strategy for affirmative action and workforce transformation in the South African financial sector. A mixed methods research design underpinned by the pragmatism paradigm and transformational leadership theory was employed. Qualitative interview data using a purposive sampling strategy (n=20) was analysed thematically. Quantitative survey data using random sampling selection (n=100) was factor analysed. These constructs were measured: AA measurement; AA perception; AA transformation; AA business impact; and AA strategic framework. Qualitative findings indicate that AA targets are being measured as per legislation, yet transformation is slow and hindered by barriers. Quantitative findings reveal that the AA strategy is significant and requires management commitment to represent all population groups in all jobs, provide regular communication on AA, transform previously disadvantaged youth and women, and create a diverse workforce that offers socioeconomic justice. The study adds to the body of knowledge on affirmative action, workforce transformation and socioeconomic justice. The 10-step AA strategic management framework emerged as a practical contribution of the study.

Black Economic Empowerment (BEE) in South Africa: introduction and a review of the labour market literature

Broad-Based Black Economic Empowerment (B-BBEE) was conceived as a structural intervention to fundamentally reorganise the South African economy and address persistent economic inequalities. South Africa has the world's highest income inequality, and this is reflected by vast inequalities in salaries and wages both between high and low earners, but importantly between different race and gender groups. Despite a plethora of legislation aimed at addressing inequality in ownership (such as B-BBEE) and in the workplace (employment equity legislation), women and Black workers in South Africa continue to be paid less than men and white employees, even when doing the same work (the pay gap), and are more likely to work in precarious, low-paid jobs (occupational segregation). These factors are driven by differences in the characteristics of workers, and by structural discrimination in the economy. Conceptually, we can decompose structural discrimination into two forms–that which discriminates against people who do the same job, based on race and gender (the pay gap)– and that which discriminates indirectly by occupational segregation–blacks and women concentrated in low paying occupations. In this paper, we ask whether B-BBEE–while not explicitly a labour market intervention–has had any positive impact in reducing labour market inequalities. We review the literature on occupational segregation and the gender and race pay gaps in post-apartheid South Africa, and examine the various policy interventions, with a particular focus on B-BBEE, that have attempted to address this enduring problem.

The psychological contract in relation to employment equity legislation and intention to leave in an open distance higher education institution

In recognition of the injustices of South Africa’s apartheid past, employers have a responsibility to ensure that employment equity practices are implemented, without harming important aspects of the employment relationship, such as the psychological contract and the intention to leave. The aim of this study was to determine the relationship between the psychological contract, employment equity legislation practices and the intention to leave (as measured by structured questionnaires comprising standardised scales) in an open distance higher education institution. In this regard, special attention was given to the influence of employment equity on employees’ intention to leave, which forms an important part of the psychological contract. The study also focused on the differences that exist between the three different social groupings (Africans, white males and white females, coloureds and Indians), gender and qualification levels regarding their perceptions about how the psychological contract influences employment equity legislation practices and intention to leave. A quantitative survey was conducted on a stratified random sample of employees (N = 339) who were white (58.4%), male (50.1%) and between the ages of 31 and 60 and were all employed at an open distance higher education institution. Correlational statistics and multiple regression analyses revealed a number of significant relationships between the three variables. In the South African employment equity context, the findings provide valuable information that can be used to inform managers and human resource practitioners on employment equity strategies. The practical implications of the findings also add new insights in terms of the psychological contract, intention to leave and management of the employment relationship.

The psychological contract in relation to employment equity legislation and intention to leave in an open distance higher education institution

In recognition of the injustices of South Africa’s apartheid past, employers have a responsibility to ensure that employment equity practices are implemented, without harming important aspects of the employment relationship, such as the psychological contract and the intention to leave. The aim of this study was to determine the relationship between the psychological contract, employment equity legislation practices and the intention to leave (as measured by structured questionnaires comprising standardised scales) in an open distance higher education institution. In this regard, special attention was given to the influence of employment equity on employees’ intention to leave, which forms an important part of the psychological contract. The study also focused on the differences that exist between the three different social groupings (Africans, white males and white females, coloureds and Indians), gender and qualification levels regarding their perceptions about how the psychological contract influences employment equity legislation practices and intention to leave. A quantitative survey was conducted on a stratified random sample of employees (N = 339) who were white (58.4%), male (50.1%) and between the ages of 31 and 60 and were all employed at an open distance higher education institution. Correlational statistics and multiple regression analyses revealed a number of significant relationships between the three variables. In the South African employment equity context, the findings provide valuable information that can be used to inform managers and human resource practitioners on employment equity strategies. The practical implications of the findings also add new insights in terms of the psychological contract, intention to leave and management of the employment relationship.

Framework for Advancement of Women Working in Selected Regulatory Organizations in South Africa

The purpose of this study was to develop a framework that would be used as a guideline for managers to create a conducive environment for women to advance into management positions in selected regulatory organizations operating in the maritime and aviation industries. The literature reviewed revealed that mentoring, employment equity legislation, and not confirming to stereotypes were some of the factors leading to women’s advancement into management positions. Feminism and equity theory were used to give the study theoretical grounding. The research approach was qualitative, the population size was twenty (N=20) and the sample size was fifteen (n=15). The latter was attained after the saturation point had been reached. The research protocol was developed from the literature reviewed. Face-to-face interviews were conducted and qualitative content analysis was used to develop study themes manually. The major findings of the study were that these factors enhanced women’s advancement into management positions: qualification and industry-related experience, fair recruitment and selection practices, proper handover, mastering work–life balance, and leadership and management development. It is envisaged that the results will empower managers and policy-makers dealing with employment equity, given the fact that women advancement into management positions is moving at a slow pace. In future a study can be conducted where a bigger sample size is used and the researchers could use the mixed-method approach. Furthermore, a follow-up study could be conducted using the same participants to establish whether they have advanced or not.

Framework for Advancement of Women Working in Selected Regulatory Organizations in South Africa

The purpose of this study was to develop a framework that would be used as a guideline for managers to create a conducive environment for women to advance into management positions in selected regulatory organizations operating in the maritime and aviation industries. The literature reviewed revealed that mentoring, employment equity legislation, and not confirming to stereotypes were some of the factors leading to women’s advancement into management positions. Feminism and equity theory were used to give the study theoretical grounding. The research approach was qualitative, the population size was twenty (N=20) and the sample size was fifteen (n=15). The latter was attained after the saturation point had been reached. The research protocol was developed from the literature reviewed. Face-to-face interviews were conducted and qualitative content analysis was used to develop study themes manually. The major findings of the study were that these factors enhanced women’s advancement into management positions: qualification and industry-related experience, fair recruitment and selection practices, proper handover, mastering work–life balance, and leadership and management development. It is envisaged that the results will empower managers and policy-makers dealing with employment equity, given the fact that women advancement into management positions is moving at a slow pace. In future a study can be conducted where a bigger sample size is used and the researchers could use the mixed-method approach. Furthermore, a follow-up study could be conducted using the same participants to establish whether they have advanced or not.

Exploring career advancement challenges people with disabilities are facing in the South African work context

Orientation: South Africa has faced a number of discriminatory practices in the past. Most of these practices are still present today. Although a considerate amount of attention has been given to discrimination based on gender, race and religion, limited emphasis has been placed on discrimination based on disability, specifically within the workplace.Research purpose: The objective of the study was to explore the perceptions of individuals living with a disability with regards to career advancement challenges they face in the South African workplace.Motivation for study: The research literature shows that irrespective of employment equity legislation, employees with disabilities have restricted opportunities to advance in their careers. Research is needed to assist these employees with their career development.Research design, approach and method: A qualitative research design with an exploratory approach was followed. Probability, purposeful and snowballing sampling techniques were applied in this study on 15 employed individuals with declared disabilities. The data were collected by means of semi-structured interviews and the verbatim transcriptions were analysed by content analysis.Main findings/results: The findings indicated that people with disabilities generally experience career advancement challenges and reach career plateau. Managers and colleagues’ lack of knowledge about disability has an adverse impact on the careers of people living with a disability. The study found that human resource practices, especially promotion opportunities, discriminate against employees with disabilities. Furthermore, the study further indicated that there is prejudice against invisible disabilities, and as a result, employees are reluctant to declare their disability.Practical implications: Human resource practitioners and managers need to recognise the influence that disabilities have on the career advancement of individuals living with a disability in order to assist such individuals in their own career development.Contribution: The findings of this study will help companies improve their practices on the integration and inclusion of employees with disabilities and also on decision-making regarding their careers.

Can the Ideals of Employment Equity Legislation Be Achieved by Means of Psychometric Alchemy?

Can the Ideals of Employment Equity Legislation Be Achieved by Means of Psychometric Alchemy?

A comparison of the legislated employment equity program, federal contractors program, and financial post 500 firms

AbstractWe investigated the impact of employment equity legislation, compliance regulations, and the absence of these requirements on the diversity practices of Canadian firms. A field survey involving CEOs and Human Resource Executives of 286 firms covered under the Legislated Employment Equity Program (LEEP), Federal Contractors Program (FCP), and Financial Post 500 (FP 500) companies was conducted. Results indicate that CEOs of LEEP firms reported a greater commitment to managing diversity. LEEP firms, and to some extent FCP firms, also had adopted more practices (e.g., policies, recruiting, training, and accountability) supportive of employment equity than FP 500 firms. It appears that employment equity remains the most effective tool for promoting equity and diversity in Canadian organizations. Copyright © 2010 ASAC. Published by John Wiley & Sons, Ltd.

Effectiveness of Canada’s Employment Equity Legislation for Women (1997-2004): Implications for Policy Makers

This study focuses on the effectiveness of the federal Employment Equity Act (EEA). We assess the EEA with regard to female employees using quantitative data from employer reports published under the provisions of the EEA and the Canadian Census. Data in this study cover the period 1997 to 2004.Women constitute the largest of the designated groups, so the effectiveness of the law could have major implications for the welfare of a significant proportion of the Canadian workforce. The most significant finding is that employment equity has increased over time, but at a diminishing rate. In fact, there may be something of a downturn in employment equity for women in the industries covered by the EEA.It is clear from our analysis that women employees in the companies covered by the EEA continue to be under-represented, especially in large companies. Monitoring and enforcement of employment equity in these firms by the Canadian Human Rights Commission (CHRC) needs to be undertaken and is essential, since it cannot be taken for granted that larger firms do well in employment equity, overall. Our results and analysis indicate that smaller firms had higher employment equity than larger firms. It may also be necessary for the CHRC to examine the particular occupational groups within larger companies where employment equity is either low or non-existent relative to the Census.The continuing underlying pattern of sex segregation has changed to only a limited extent. For instance, employment opportunities for women continue to be problematic (that is, senior managers, skilled crafts and trades workers) and will require continued and perhaps intensified efforts to resolve. There are large discrepancies between employment equity in primary (i.e., full-time, permanent jobs) and secondary (i.e., temporary and part-time jobs), with employment equity being much lower in the primary sector. Human Resources and Social Development Canada need to have active labour market policies to correct this imbalance.

The effect of adverse impact in selection practices on organizational diversity: a field study

Based on a sample of 154 organizations across Canada, we examined the influence of the use of different employee selection methods on workplace minority representation rates. Results indicated that usage of cognitive ability and personality testing significantly influences minority representation after controlling for other diversity management practices. In particular, cognitive ability testing appears to be associated with lower levels of minority group representation in organizations as a whole and in their management ranks; personality testing is associated with higher levels of minority representation in organizations. To advance our understanding of the organizational factors that influence minority group representation and the use of different selection practices, we also examined HR manager perceptions of test bias and the effects of employment equity (EEA) legislation on selection test usage. Results indicated that firms covered under employment equity legislation were less likely to use cognitive ability tests. Interestingly, HR managers reported that personality tests may be more biased against minorities than cognitive ability tests. Implications for research and practice are discussed.

Attitudes towards and experience of employment equity

Orientation: The demography of the South African work force has changed considerably since the implementation of Employment Equity Act 55 of 1998. There is no clarity in the literature on employees’ attitudes towards and experiences of employment equity (EE).Research purpose: The purpose of this research was to contribute to the EE debate by qualitatively identifying and exploring employees’ attitudes towards and experiences of EE in the South African work context.Research design, approach and method: Twenty-one organisations were included in the study and 105 interviews conducted.Main findings: The results indicated that employees at management level perceived government as an EE ‘watchdog’. Furthermore, reverse discrimination and racism were demarcated as the main experience of non-management employees. For previously disadvantaged employees, the main concerns were lack of training and development, whereas for the non-previously disadvantaged the primary concerns were reverse discrimination, racism and victimisation.Pratical/managerial implications: Future research may be that the results can benefit from contrasting, (1) the perspectives of previously disadvantaged management versus previously advantaged management to (2) the perspectives of previously disadvantaged non-management versus previously advantaged non-management. Furthermore, it will be valuable to include other industries in the private and public sector in future samples.Contribution/value-add: The contribution of the research is building and/or supporting the current knowledge base of employees’ attitudes towards and experiences of EE in the South African work context. Proactive measures should be taken to ensure that the majority of previously disadvantaged and the non-previously disadvantaged groups benefit from EE legislation. The introduction of holistic human resource management practices that complement target setting, could overcome the stumbling blocks currently being experienced in the effective implementation of EE.

Equity development programmes: does mentoring make a difference in individual and social transformation for South African WonderWomen?

The equity and transformation challenge for women and black academics at universities in Post-Apartheid South Africa is enormous. Despite a marked increase in equity development programmes since the 1996 Employment Equity legislation, fewer women than expected have advanced through the academic ranks. An indigenous mentoring model for transformation is suggested for sustainable institutional change. This study investigated the experiences of ten racially diverse women mentored in the 'WonderWoman' Project (2002-2006) at University of the Witwatersrand. Several critical issues emerged: firstly, the effects of personal and career development on promotion and publication rates; secondly, the effectiveness of mentoring and coaching received; and thirdly, programme effectiveness for institutional change. Mentoring resulted in positive personal change but little institutional transformation: the programme agenda and the university transformation agenda being insufficiently aligned. White women benefited more from 'WonderWoman' than Black women did; the disadvantage of race was not significantly ameliorated by the programme.

Workplace effects of equal employment opportunity legislation: the Australian experience

Establishing whether legislation promotes better equity outcomes than non-mandated, voluntaristic instruments such as self-regulation or peer regulation has been difficult. Findings of an Australian survey comparing equity policies and outcomes in those workplaces that are regulated by employment equity legislation with those that are not subject to legislative provisions are presented. Research findings showed equity indicators were strongest in those workplaces covered by the legislation.

The impact of employment equity regulations on psychological contracts in South Africa

This article will show the impact of employment equity legislation on the psychological employment contracts of the three main employee groupings in South African society. This study is important in that it fills the gap in the literature that identifies labour market regulations as an important shaping influence on the psychological contract. More than 500 managers from across South African industry and from all ethnic groups were surveyed to identify differences in psychological contracts and attitudes towards the social transformation regulations. We found that the legislation has impacted differentially on the three groupings mainly in terms of their loyalty to stay with their organizations, the focus on their career development in terms of the external labour market and the degree to which they felt they had been affected by the legislation. Additionally we find that the perceived linkage between job satisfaction and labour turnover is significantly weakened by labour market legislation in the case of the beneficiaries of the legislation, but that this may not be the case for those negatively affected by the legislation. The findings have significant implications for the HRM practices of multinationals operating in societies with significant labour market regulatory interventions.

L'invisible qui blesse: Une etude traitant de la gestion des conflits et de l'equite en emploi dans le cas des minorites visibles au Canada

This study investigates, among companies covered by the Canada Employment Equity Act, the hidden side of numerical progress of visible minorities achieved through the implementation of employment equity plans. More specifically, the purpose of this study is to determine whether companies with the best perfor mance in terms of the act have recognized the potential for conflict associated with the integration of visible minorities through employment equity plans and if so, have put in place conflict resolution strategies. To reach our goals, a survey was carried out among the best performing companies in terms of the act. Moreover, two focus groups were conducted among representatives of visible minorities and of the companies. The data gathered shows that both the representatives of companies and of visible minorities identified situations of intra- and inter-ethnic conflicts as well as resolution measures. The discussion highlights the fact that the changes resulting from employment equity legislation have not yet reached their limits, and underlines the importance of acknowledging conflict in attaining the ultimate goal of the act: lasting employment equity.

The Impact of National Transformation Imperatives and Quality Monitoring on Programme Self-evaluation at a South African University: Lessons learned

In South Africa, the National Plan for Higher Education paved the way for major restructuring and transformation. In addition to employment equity legislation and a new funding formula, quality assurance has been identified as a steering element in the transformation process. The University of the Free State, being a historically-advantaged university, put tremendous effort into the transformation process and tried to respond to national policy priorities without losing its focus on quality and relevance. The self-evaluation instrument developed for the 2002 programme self-evaluation (a pilot project) clearly reflects a transformative character with a strong focus on the systemic development and adaptation of academic programmes. This paper reflects on the influence of external and internal forces on the development and nature of the framework used as instrument, as well as the way in which the implementation of the project was steered to induce reluctant faculty to come on board. Valuable lessons were learned on the way.

Workplace Equality: International Perspectives on Legislation, Policy, and Practice

Preface. 1. Systemic Discrimination in Employment: Mapping the Issue and the Policy Responses C. Agocs. 2. Employment Equity in Selected Countries: The Case of Racial and Ethnic Minorities H.C. Jain. 3. Unfinished Business: Employment Equality in Australia G. Strachan, J. Burgess. 4. Canada's Employment Equity Legislation and Policy, 1986-2000: Unfulfilled Promises C. Agocs. 5. Employment Equity Legislation in Ontario: A Case Study in the Politics of Backlash A.B. Bakan, A. Kobayashi. 6. Repeal of the Ontario Employment Equity Laws: Denial of Equal Protection of the Law C. Eboe-Osuji, E. McIsaac. 7. Gender Equality in India H.C. Jain, C.S. Venkata Ratnam. 8. Between Public Controversy and Market Initiative: The Politics of Employment Equity and Diversity in the Netherlands F.J. Glastra, et al. 9. Multiculturalism with a Price Tag: On the Theory and Practice of Intercultural Management in the Netherlands F.J. Glastra, et al. 10. Northern Ireland - Gender, Race and the New Equality Agenda S. Rogers. 11. Employment Equity in South Africa: Overcoming the Apartheid Legacy F.M. Horwitz, H.C. Jain. 12. Affirmative Action in American Employment Law: Past, Present and Future M.F. Radford. 13. Pay and Employment Equity: The Role of Markets, Collective Bargaining and Legislation M. Gunderson. Subject Index.

Canada’s employment equity legislation and policy, 1987‐2000

Over the past 16 years, a legislative and policy framework has evolved in Canada to address systemic discrimination in employment in the federal jurisdiction, and in organizations that sell goods or services to the federal government. Data collected pursuant to the Employment Equity Act, as well as published literature and government documents, are reviewed in order to provide a critical analysis of the federal policy framework as set out in 1987 and revised in 1996. This review is the basis for assessing both progress and lack of improvement in the employment status of racial minority, aboriginal, and disabled women and men, as well as white women, within the federal sector. Reasons for limited results are proposed, and issues posed by contemporary labour market trends are identified. It is argued that the results of employment equity policy are disappointing because the policy is not being implemented by employers and effectively enforced so that there are consequences for employers’ failures to comply. In other words, there is a persisting gap between employment equity policy and practice. This gap presents difficulties in evaluating the content of employment equity policy, since it is not possible to evaluate a policy that is not implemented.

Employment equity in South Africa: lessons from the global school

South African companies employing 50 or more employees or those with a specified financial turnover, are required to comply with the provisions of the newly introduced Employment Equity Act. Prior to the introduction of the Act, large companies in the country had already introduced strategies of affirmative action to achieve employment equity. This paper highlights some of the strategic and operational concerns surrounding employment equity legislation in South Africa and reviews broad practices of employment equity in Malaysia, India, the USA, Canada, Britain and Zimbabwe. Lessons for the effective implementation of employment equity in South Africa are identified.