Employment Equity Act

The Employment Equity Act 55 of 1998 (EEA) is the primary law protecting employees with disabilities from unfair treatment in the South African workplace. It applies to all employers with more than 50 employees, or with an annual turnover above the EEA threshold for their sector.

Disability as a designated group

The EEA designates people with disabilities as a protected group. This means employers covered by the Act are required to take affirmative measures to ensure equitable representation of people with disabilities in their workforce at all occupational levels. Neurodivergent conditions — including autism, ADHD, dyslexia, and related diagnoses — qualify as disabilities under the EEA when they have a long-term or recurring effect that limits participation in work.

Reasonable accommodation

Employers are legally required to provide reasonable accommodation to employees with disabilities. This means modifying the job, the workplace, or the way work is done so that the employee can perform their role effectively.

Examples of reasonable accommodation for neurodivergent employees include:

• Flexible working hours or a quiet workspace to reduce sensory overload
• Written instructions instead of verbal-only briefings
• Additional time for tasks that require processing or planning
• Regular structured check-ins with a manager
• Noise-cancelling headphones or reduced interruptions
• Working from home on days with high sensory demands

An employer can only refuse reasonable accommodation if it would impose an unjustifiable hardship — meaning a significant disruption or expense that is unreasonable given the employer's size and resources.

Unfair discrimination

The EEA prohibits unfair discrimination on the grounds of disability at any stage of employment: recruitment, hiring, promotion, training, pay, or dismissal. Specific practices that are unlawful include:

• Refusing to hire someone because of a neurodivergent diagnosis
• Paying an employee less because of their disability
• Excluding a disabled employee from promotion or training opportunities
• Dismissing an employee because of their disability without following a fair process

How to report a violation

1. Document everything. Keep records of discriminatory incidents, HR communications, and any accommodation requests you made in writing.
2. Raise it internally. Submit a formal grievance to HR. Do this in writing and keep a copy.
3. Refer to the CCMA. If internal processes fail, refer an unfair labour practice to the Commission for Conciliation, Mediation and Arbitration (CCMA) within 90 days of the act of discrimination.
4. Approach the Labour Court. For serious violations, you can approach the Labour Court directly.
5. Report to the Department of Employment and Labour. The Department can conduct workplace inspections under the EEA.