Previously an employer could discriminate against a candidate applying for a job. However, the Employment Equity Act permits applicants for employment to challenge their non-selection for the job they applied for based on the ground that they have been discriminated against.
The recruitment and selection process are regulated under by the codes of good practice in the Employment Equity Act, more specifically the Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices. This Code of Good Practice especially stipulate that “Recruitment and selection processes should be conducted fairly and without unfair discrimination”.
