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Chapter III of the EEA provides the framework for affirmative action measures and applies only to designated employers. This category is defined as consisting of (i) employers with 50 or more workers, (ii) employers ordered to comply by a bargaining council agreement, (iii) any employers who volunteer to comply, (iv) municipalities, and (v) organs of the State. An organ of the State is defined in the South African Constitution to mean:

  1. any department of state or administration in the national, provincial or local sphere of government; or
  2.  any other functionary or institution exercising a power or performing a function in terms of the Constitution or a provincial constitution, or exercising a public power or performing a public function in terms of any legislation.

Thus, all nationally and locally governed agencies and institutions (the public sector) would be deemed designated employers in terms of the EEA, and all provisions for affirmative action measures would apply.

Section 13 of Chapter III outlines the obligations conceived for designated employers in order to achieve employment equity. Firstly, the employers must implement affirmative action measures for individuals from designated groups. Such measures include consulting with employers, as outlined in Section 16, on matters concerning the conducting of an analysis as required under Section 19, preparing employment equity plans, and reporting on progress made with the implementation of the plan as detailed by Section 20 and 21.

In sum, Section 15 provides that the affirmative action measures implemented in the context of designated groups must include:

  1. measures to identify and eliminate employment barriers;
  2. measures to further diversify the workplace;
  3. making reasonable accommodation to ensure that equal opportunities are enjoyed and that equitable representation is present in the workforce in all occupational categories and levels; and
  4. implementing appropriate training measures to retain and develop people from designated groups and to help develop their skills.