Why Comply with the Employment Equity Act?
The Employment Equity Act (EE Act) promotes equal opportunity and fair treatment in employment by eliminating unfair discrimination and implementing affirmative action measures. Recent amendments effective 1 January 2025 redefine designated employers and tighten reporting obligations. Designated employers must now submit EEA2 and EEA4 reports by the prescribed deadlines and align their employment equity plans with sectoral targets. Non‑compliance can lead to significant consequences, including hefty financial penalties, legal action, damage to an organisation’s reputation and exclusion from government tenders.
Who must comply?
From 1 January 2025, a designated employer is any organisation that employs 50 or more people or organs of Sate. Turnover thresholds no longer apply.
Smaller employers can voluntarily apply for a compliance certificate if they wish to do business with the state.
Your Duties:
Appoint and Consult
Assign a Senior Manager and appoint an EE Committee. Consult with your employees or trade union representatives.
Workforce Analysis & Plan
Conduct a workforce analysis to identify barriers and under representation. Prepare a five year Employment Equity Plan that sets numerical targets aligned with government issued sectoral targets.
Annual Submissions
Submit annual EEA2 (employment equity report) and EEA4 (income differentials) forms through the Department of Labour’s online portal.
Deadlines for 2025/26
- Your Analysis (EEA12) and your Plan (EEA13) must be ready by 1 September 2025.
- Manual Submissions opens on 1 September 2025 and closes on 1 October 2025.
- Online Submissions remain open until the 15th of January 2026.
- Failure to comply can result in heavy fines, legal action and exclusion from government tenders.
Need clarity on your EE obligations?
Get in touch and let one of our consultants walk you through your compliance responsibilities.