Employment Equity Reporting and Racial Classification Guidance

The letter addresses recent departmental instructions affecting employers’ employment equity reporting, including the approach to racial classification in workforce data, particularly where employees choose not to self-classify.

The letter notes that the guidance is presented as a means to address legal and operational uncertainty for employers, but raises concerns that it may require employers to rely on racial population data and classification concepts associated with repealed legislation, particularly the Population Registration Act, 1950. Sakeliga and NEASA contend that demographic data and any classification approach should be informed and applied in a lawful and constitutionally compliant manner.

The letter requests that the Government withdraw the instruction and issue lawful guidance on the procedure to be followed where employees decline to self-classify racially, including clarification on whether employers are required to accept all employee self-classifications.