| (a) | The first step in conducting an analysis of the workforce profile is to differentiate between employees of the various groups, both in terms of the designated (i.e. Blacks, women and persons with disabilities) and non-designated groups by using the EEA1 form, contained in the regulations, for employees to declare their status. |
| (b) | Existing and/or historical information may be used to assist to verify an employee’s status. |
| (c) | An analysis of the workforce profile should provide a comparison of designated groups using up-to-date demographic data in terms of their economically active population and their representation at the various occupational levels, which is contained in the regulations as Form EEA8 for demographic information and EEA9 form for information distinguishing between the various occupational levels. |
| (d) | The analysis of the workforce profile must be based on a snapshot of each occupational level on a particular date in terms of race, gender and disability, and per occupational level on a particular date. |
| (e) | The under-representation or over-representation of a particular group, whether designated or non-designated, must be captured in the analysis and used to inform and prioritize strategies in the EE plan to address the under-representation. |
| (f) | Recruitment strategies may vary depending upon the level of responsibility and the degree of specialization of the occupation, usually the higher the degree of responsibility or specialization required for the job, the broader the recruitment strategy. |
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| (1) | For purposes of Chapter III of this Act, a person whose services have been procured for, or provided to, a client by a temporary employment service is deemed to be the employee of that client, where that person’s employment with the client is of indefinite duration or for a period three months or longer. |
| (2) | Where a temporary employment service, on the express or implied instruction of a client, commits an act of unfair discrimination, both the temporary employment service and the client are jointly and severally liable |
