Employment equity reporting applies to designated employers, which means those above a defined employee threshold or turnover threshold for their sector, as well as some others by agreement or determination. If you are designated, reporting is annual, the deadline is fixed, and missing it carries real financial consequences rather than a warning.
The first question is simply whether you are designated at all, because most small employers are not.
Working out whether you are designated
Designation turns on employing at or above the threshold number of employees, or having turnover at or above the threshold set for your sector. Either one is enough, which is why some small-headcount businesses are designated on turnover alone.
The sector turnover thresholds and current requirements are published by the Department of Employment and Labour. Check rather than assume, because growth across a threshold brings the obligation with it.
What the report contains
The workforce profile by occupational level, race, gender and disability, compared against the economically active population; your numerical goals and targets; barriers identified; and the affirmative action measures taken.
It should reflect an employment equity plan and consultation with a committee that genuinely represents employees. A report produced without either is usually visibly so.
Deadlines and how to submit
Reporting is annual with a fixed closing date, with online submission generally allowed later than manual. Submit early rather than at the deadline, since system congestion at the close is predictable.
Keep the underlying records. The report is a summary and the department may ask for what sits behind it.
What non-compliance costs
Fines for failing to report are substantial and scale with turnover for repeated failures. Beyond the penalty, a compliance certificate is required to do business with the state, so failing to report closes off government contracts.
That commercial consequence is usually larger than the fine, and it is the reason designated employers who sell to government treat the deadline seriously.
Frequently asked questions
Who has to file an employment equity report?
Designated employers, meaning those at or above the employee threshold or the turnover threshold for their sector.
Can a small business be designated?
Yes. Turnover alone can trigger designation even with a modest headcount, so check the sector threshold rather than assuming.
What goes into the report?
Workforce profile by occupational level, race, gender and disability, numerical goals, barriers identified and affirmative action measures taken.
What happens if I miss the deadline?
Fines that are substantial and scale with turnover, and loss of the compliance certificate required to do business with the state.
Do I need an employment equity plan?
Yes. The report should reflect a plan and consultation with a committee genuinely representing employees.
Further reading
Originally published in January 2018. Updated September 2026 to explain who must file employment equity reports and what non-compliance costs.
