The Employment Equity Act is the South African law that governs fair hiring and workplace equality, and it shapes how many employers select, promote, and report on their staff. If you are a job seeker in 2026, understanding this Act helps you make sense of why some job adverts mention “designated groups” or “equity considerations” and how those terms may affect your application.
The Act is administered by the Department of Employment and Labour, and its rules apply to a large share of medium and large employers across the country.
What the Employment Equity Act Covers
The Employment Equity Act has two broad aims. First, it prohibits unfair discrimination in the workplace. Second, it requires certain employers to take active steps toward a workforce that reflects the country’s population.
For job seekers, the practical effect appears mostly in the second aim. Employers that fall under the Act may set employment equity targets, which influence how they fill posts across different job levels. Because these targets focus on representation, an employer may state a preference for candidates from designated groups when advertising a role.
The Department of Employment and Labour oversees compliance and updates the specifics over time, so confirm current details on the official site before relying on any figure or threshold.
How EE Targets Work in Practice
Employment equity targets are numerical goals employers set to improve representation at each occupational level, from senior management to entry roles. The Act treats certain categories of people as beneficiaries of these measures.
The recognised designated groups under the Act are:
- Black people, a term that includes African, Coloured, and Indian South Africans
- Women
- People with disabilities
An employer works out where its workforce is under-represented and then aims to close those gaps through hiring and promotion. However, the Act does not require employers to appoint anyone who is not suitably qualified. Merit and the ability to do the job remain part of every decision.
The table below outlines the key elements you are likely to encounter as a job seeker.
| Element | What it means for you |
|---|---|
| Designated groups | Categories the Act aims to advance in the workplace |
| EE targets | Representation goals an employer sets per job level |
| Affirmative action measures | Steps an employer takes to reach those targets, such as recruitment and training |
| Unfair discrimination ban | Protection that applies to all workers, whether or not they are in a designated group |
Because targets differ between employers and sectors, a role that prioritises equity candidates at one company may be open to all at another.
Who the Act Applies To
The anti-discrimination part of the Act protects every employee and applicant, regardless of background. That protection covers matters like recruitment, pay, and promotion.
The affirmative action and reporting requirements, however, apply mainly to what the Act calls designated employers. These typically include larger businesses and those above certain size or turnover thresholds, along with organs of state. Smaller employers may fall outside these obligations, which is why not every job advert refers to equity targets.
As a candidate, you benefit from the discrimination protections in all cases. If you belong to a designated group, you may also be a beneficiary of an employer’s affirmative action measures where those apply. Because the exact thresholds can change, check the Department of Employment and Labour site for the current definition of a designated employer.
How to Use This When Applying
You cannot apply to the Employment Equity Act itself, but you can use your understanding of it to apply for jobs more effectively. The following steps help.
- Read each job advert carefully. Note whether it mentions equity considerations or preference for designated groups.
- If a form asks you to state your race, gender, or disability status, understand that employers use this data for equity reporting, not to unfairly exclude you.
- Provide accurate information about disability if you have one, since people with disabilities are a designated group and often under-represented.
- Focus your application on demonstrating that you meet the job’s stated requirements, because the Act still expects appointments to go to suitably qualified people.
- If you believe you faced unfair discrimination during hiring, you can raise the matter with the Commission for Conciliation, Mediation and Arbitration or seek guidance from the Department of Employment and Labour.
For example, if two candidates are equally qualified and an employer needs to improve representation at that job level, equity targets may lawfully guide the final choice.
Where to Verify This
Because the Employment Equity Act, its thresholds, and its designated-employer rules are updated from time to time, always confirm the current position with the official source. The Department of Employment and Labour publishes the Act, guides, and reporting information on its website.
Visit https://www.labour.gov.za for the latest official information on the Employment Equity Act and your rights as a job seeker.