In determining whether a designated employer is implementing employment equity in compliance with this Act, the Director-General or any person or body applying this Act must, in addition to the factors stated in section 15, take into account all of the following:
a) The extent to which suitably qualified people from and amongst the different designated groups are equitably represented within each occupational category and level in that employer's workforce in relation to the-
i) demographic profile of the national and regional economically active population;
ii) pool of suitably qualified people from designated groups from which the employer may reasonably be expected to promote or appoint employees;
iii) economic and financial factors relevant to the sector in which the employer operates;
iv) present and anticipated economic and financial circumstances of the employer; and
v) the number of present and planned vacancies that exist in the various categories and levels, and the employer's labour turnover;
b) progress made in implementing employment equity by other designated employers operating under comparable circumstances and within the same sector;
c) reasonable efforts made by a designated employer to implement its employment equity plan;
d) the extent to which the designated employer has made progress in eliminating employment barriers that adversely affect people from designated groups; and
e) any other prescribed factor.