The Employment Equity Act 1998 applies to all employers with 50 or more employees or those designated by ministerial notice. Section 6 of the Act outlaws unfair discrimination on grounds including disability, and section 15 obliges employers to provide workplace adjustments. “Disability” is broadly defined to cover physical, sensory, intellectual and mental health conditions.
Under the Employment Equity Act 1998, employers must accommodate employees with disabilities unless it causes unjustifiable hardship. Common workplace adjustments include modifying workstations, offering flexible hours, providing assistive technology, restructuring job duties and adapting performance metrics.
An employee may request workplace adjustments verbally or in writing. Employers may ask for reasonable medical information but cannot demand specific diagnoses. The Code of Good Practice on Employment of Persons with Disabilities recommends acknowledging a request within five business days and concluding consultations within 30 calendar days. Once agreed, adjustments should be implemented promptly, typically within a further 30 days.
If an employer fails to provide workplace adjustments, employees can lodge a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA) under section 60 of the Act. The CCMA first offers mediation; unresolved matters move to arbitration or the Labour Court. Remedies can include retrospective adjustments, reinstatement, or compensation, which may reach up to 24 months’ remuneration.
Managing workplace adjustments requests under Employment Equity Act 1998 can be complex—multiple forms, strict timelines, and cross-team coordination all add burden.
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Train managers on the interactive process early to foster a supportive culture.
Keep a clear, accessible record of each request, communications and final decisions.
Set up a simple, written policy that explains how employees can ask for workplace adjustments.
Avoid common pitfalls such as requiring excessive medical evidence or delaying consultations without clear reasons.
