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South Africa’s obligations sit in two chapters of the Employment Equity Act 55 of 1998 with different reach. Chapter II, which prohibits unfair discrimination on grounds including disability and requires reasonable accommodation, applies to all employers regardless of size.
Chapter III, which imposes affirmative action and reporting duties, applies only to designated employers — since the Employment Equity Amendment Act took effect on January 1, 2025, that means employers with 50 or more employees; the former turnover-based test was removed. People with disabilities are those with a long-term or recurring physical or mental impairment that substantially limits their prospects of entry into, or advancement in, employment.
The Code of Good Practice on the Employment of Persons with Disabilities (2015) and the Technical Assistance Guidelines expand on the Act and are used by the courts and the CCMA in interpreting it.
Section 15(2)(c) requires employers to make reasonable accommodation for people from designated groups, and the Code of Good Practice applies that duty to every employer for persons with disabilities: any modification or adjustment to a job or the working environment that enables a suitably qualified person with a disability to have access to, participate in, or advance in employment, unless it would impose unjustifiable hardship.
Unjustifiable hardship is assessed on the cost and the resources of the employer, and inconvenience is not enough. Accommodations may include adapting premises, modifying duties or hours, assistive technology, reassignment, and leave.
Since January 2025, designated employers must also comply with sectoral numerical targets set by the Minister of Employment and Labour for each economic sector, which include targets for persons with disabilities, and must obtain a certificate of compliance to do business with the state.
The Code of Good Practice requires employers to consult the employee on the accommodation to be made and to consider the employee’s preferences. Employers may request medical information only where it is necessary to determine an accommodation, must obtain it with the employee’s consent, and must keep it confidential under both the Act and the Protection of Personal Information Act, which treats health information as special personal information.
Medical testing is permitted only where legislation requires it or it is justifiable in light of the inherent requirements of the job. There is no fixed statutory response deadline, but unexplained delay is treated as a failure to accommodate. Designated employers must include persons with disabilities in the consultation and analysis required for their employment equity plan.
Unfair discrimination claims are referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) within six months, and may be arbitrated there or adjudicated by the Labour Court, which can award compensation with no statutory cap and order the employer to take steps to prevent recurrence.
The Department of Employment and Labour enforces Chapter III through labour inspectors and the Director-General, and designated employers that fail to prepare or implement an employment equity plan, or to meet sectoral targets without a justifiable reason, face fines starting at R1.5 million or 2% of turnover, whichever is greater, rising for repeat offences.
Managing workplace adjustments requests under the Employment Equity Act 55 of 1998 (as amended, effective January 1, 2025) and the Code of Good Practice on the Employment of Persons with Disabilities can be complex—multiple forms, response deadlines, and cross-department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
