A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in Schedule 4 of the Act, municipalities and organs of state.
Employers can also volunteer to become designated employers.
A designated group means black people, women, or people with disabilities. The South African National Defence Force, National Intelligence Agency, and South African Secret Services are excluded from this Act. Chapter 2 - Prohibition of Unfair Discrimination 2.1 No person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more grounds including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth. 2.2 It is not unfair discrimination to promote affirmative action consistent with the Act or to prefer or exclude any person on the basis of an inherent job requirement. HIV testing is prohibited unless such testing is determined to be justifiable by the Labour Court.