Affirmative action measures

Section 1 Purpose

(1) The provisions of this Act are intended to promote the employment of women and to attain substantial equality between men and women at work, in particular by the adoption of measures categorized as affirmative action in favour of women, in order to eliminate any obstacles that, in practice, are preventing the realization of equal opportunities.

(2) The affirmative action referred to in subsection (1) is intended in particular:

(a) to eliminate the differences in practice affecting women in academic and vocational training, in access to employment, in career advancement, in work life, and in mobility;

(b) to promote diversification in the vocational options available to women, in particular by providing academic and vocational guidance and access to training; to promote possibilities for self-employment and access to management as well as to occupational skills training for self-employed and business women;

(c) to eliminate conditions and systems of organizing and distributing work which give rise to different effects, depending on the gender of the worker, thereby prejudicing them with regard to training and occupational and career advancement, as well as in terms of economic and wage conditions;

(d) to promote the integration of women into activities, occupations and positions in which they are under-represented, and in particular in high technology sectors and in high positions of responsibility;

(e) to promote a balance between family and occupational responsibilities, and a better distribution of these responsibilities between men and women, by measures including work reorganization with regard to working conditions and different work schedules.

(3) The affirmative action provided in subsections (1) and (2) may be promoted by the Committee referred to in section 5 and by the equality councillors referred to in section 8, by the bodies, whatever their name, whose purpose is to work on behalf of equality and equal opportunities at the national, local and business levels, by public and private sector employers, by centres for occupational training, by trade union organizations at the national and regional levels, and as proposed by trade union representatives or bodies representing employees referred to under section 25 of Act No. 93 of 29 March 1983.

Section 2

Implementation and financing of positive measures

(1) Enterprises, including cooperatives, partnerships, public bodies of a commercial nature, trade union associations, and professional training centres which are involved in affirmative action projects as defined in section 1, may request from the Ministry of Labour and Social Security complete or partial reimbursement of any expenses incurred in the implementation of such projects, with the exception of those referred to in section 3.

[...]

(5) Access to European Community funds intended for the implementation of affirmative action projects with the exception of those under section 3, shall be subject to the recommendation of the Committee referred to in section 5 [National Committee for Implementation of Principles of Equal Treatment]

[Italy, Act No. 125 of 10 Apr. 1991 providing for affirmative action to achieve equal treatment of men and women in employment]

Section 17

(1) For the purposes of this Act "affirmative action" means a set of affirmative action measures designed to ensure that persons in designated groups enjoy equal employment opportunities at all levels of employment and are equitably represented in the workforce of a relevant employer.

(2) Without limiting the generality of the definition in subsection (1), an affirmative action measure referred to in that subsection includes, but is not limited to –

(a) identification and elimination of employment barriers against persons in designated groups;

(b) making reasonable efforts in the workplace to accommodate, physically or otherwise, persons with disabilities; and

(c) instituting positive measures to further the employment opportunities for persons in designated groups, which may include measures such as –

ensuring that existing training programmes contribute to furthering the objects of this Act;
establishing new training programmes aimed at furthering the objects of this Act; and
giving preferential treatment in employment decisions to suitably qualified persons from designated groups to ensure that such persons are equitably represented in the workforce of a relevant employer.

(3) To determine whether a designated group is equitably represented in the various positions of employment offered by a relevant employer, the Commission shall take into account, in addition to such other factors as it may determine –

(a) the availability of suitably qualified persons in that designated group for such positions of employment; and

(b) the availability of persons in designated groups who are able and willing, through appropriate training programmes, to acquire the necessary skills and qualifications for such positions of employment.

Designated groups

Section 18

(1) For the purposes of this Act there shall be three designated groups, namely –

(a) racially disadvantaged persons;

(b) women; and

(c) persons with disabilities.

[..]

Relevant employers

Section 20

(1) The Minister shall by notice in the Gazette identify the employers who, as relevant employers, shall comply with this Act.

(2) The Minister shall in the notice referred to in subsection (1) identify an employer as relevant employer –

(a) by naming –

(i) such employer either individually or by category as relevant employer; or

(ii) in the case of the public service, any office, ministry, or agency as set out in Schedule 1, 2 or 3 of the Public Service Act, 1995 (Act No. 13 of 1995), as relevant employer; or

(b) by setting out in such notice –

(i) the criteria; or

(ii) the numerical base for calculating the number of employees employed by an employer,

by which such employer shall be so identified.

[Namibia, Affirmative Action (Employment) Act, No. 29 of 1998]