Affirmative Action (Employment) Act

The aim of this Act is to achieve equal employment opportunities through affirmative action plans to redress the conditions of designated persons in the Act who have been previously disadvantaged by past discriminatory laws and practices with the aim of eliminating discrimination in the workplace. The Act also establishes an Employment Equity Commission. Women are specifically mentioned as a designated group. An affirmative action plan achieves its purpose by obliging employers to make equitable efforts to accommodate and further the employment opportunities of those in designated groups. Employers must also fill positions of employment by giving priority and preferential treatment to those in designated groups. Where employers do not adhere to the Act, they may be referred to the Commission or to mediation, and may be placed under review. Furthermore, any person who discriminates against a person who has participated in the proceedings provided for in the Act, or obstructs or prevents compliance with the Act by any party, or fails to comply with certain provisions of the Act can be held criminally liable and on conviction be liable to a fine not exceeding N$16,000 or to imprisonment for a period not exceeding 4 years or both.