All employers must comply with the provisions of the Employment Equity Act, 1998 along with its Amendments and Regulations. Employees may bring alleged contraventions to the attention of the employer, another employee, any trade union, workplace forum, labour inspector, or the director-general of the Department of Employment and Labour.

If an employer fails to take the necessary steps to eliminate alleged conduct, the employer is deemed to also have contravened the provision.

The process in play to force Employment Equity Compliance starts with understanding that;

Labour inspectors may enter and inspect employers’ properties and documents and are responsible for ensuring that the employer has: consulted with employees as required; conducted the pre-equity plan analysis; prepared its plan and is implementing it; submitted and published its reports; set up the necessary managerial infrastructure; and informed its employees of progress.

Labour inspectors must request a written undertaking that all requirements found lacking, will be complied with. If no such undertaking is given, the labour inspector must serve a compliance order which sets out what action is required to achieve compliance within a prescribed time period and what sanctions will come into play should the order fall on deaf ears. This order could be made an order of the Labour Court on request of the director-general once the timeline for compliance has lapsed.