Disability Verification: The interplay between the EEA and BBBEE?

In this episode of CDH Conversations, Yvonne Mkefa and Lehan Goosen in the Employment Law practice,explore the legal framework surrounding the verification of persons with disabilities in the workplace, focusing on obligations under the Employment Equity Act (EEA), the Employment Equity Regulations of 2019, the Code of GoodPractice on the Employment of People with Disabilities of 2016 and Broad-Based Black Economic Empowerment Act of 2023 (BBBEE).They unpack key concepts such as: - the definition of disability, the role of employee self-disclosure, and - the use of the EEA1 form in workforce analysis and reporting.The discussion also unpacks the limits of employer verification, employees’ rights to privacy, and when medical assessments may be justified.In conclusion, they provide practical guidance to employers on ensuring compliant, fair, and lawful disability verification practices within South Africa’s employment law landscape.