How to tell the difference between a quota and numerical targets/goals
Quotas are prohibited by our Constitution, as it echoes the unlawful practices that took place during Apartheid. For example, a company places a moratorium on hiring any white candidates for the duration of its current EE plan. You know you are dealing with a quota, if the company is completely inflexible in how it implements its numerical goals/targets and places an absolute barrier on employment practices affecting a specific group of applicants. They do not have to say they have job reservation within its recruitment program for specific race and gender profile candidates, to make themselves guilty of subscribing to a quota system. The way they implement their numerical goals/targets, will reveal whether it is lawful and if they subscribe to the principles of the EEA.
You know you are dealing with numerical goals/targets, if the company views such numerical goals/targets as flexible employment guidelines providing for the preferential treatment of the ideal candidate, they aim to appoint during any recruitment procedure. But, if they cant find the ideal candidate, another candidate from a different gender and race profile who is suitably qualified and skilled may be considered to ensure the operational requirements of the business are met.
Andrea de Jongh, Employment Lawyer and Privacy Governance Specialist. Making legal concepts accessible.