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 Employment Equity Act

 
The Employment Equity Act as originally passed, placed limitations on the use of psychometric testing in occupational settings in South Africa. Specifically, it specified in section 8 that psychometric tests and related techniques need to have certain properties before they can be used legally to assess persons for jobs. These are:
  • Tests must be reliable
  • Tests must be valid
  • Tests may not discriminate unfairly against any individual or group
  • It must be possible to use them fairly
Also note that it is allowed to discriminate on the basis of the inherent requirements of the job. It is unfair discrimination which is forbidden.
 
 
The Employment Equity Amendment Act became effective in August 2014.

 

The additional requirement indroduced by this amendment act, namely that tests needed to be certified by the HPCSA in order to be used in Industry, was recently set aside by a decision of the High Court. The other requirements as mentioned above, remain valid.