Employment Equity Act

Marginal note:Employer not required to take certain measures

6 The obligation to implement employment equity does not require an employer

• (a) to take a particular measure to implement employment equity where the taking of that measure would cause undue hardship to the employer;

• (b) to hire or promote unqualified persons;

• (c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on selection according to merit in cases where the Public Service Employment Act requires that hiring or promotion be based on selection according to merit; or

• (d) to create new positions in its workforce.