Equality at the Workplace

The Equality for Men and Women Act defines discrimination as being ‘based on sex or because of family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics, and includes the treatment of a person in a less favourable manner than another person is, has been, or would be treated on these grounds.’ Discrimination is defined in Chapter 456 as:

 
(a) the giving of less favourable treatment, directly or indirectly, to men and women on the basis of their sex or because of family responsibilities or because of their sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity;
 
(b) treating a woman less favourably for reasons of actual or potential pregnancy or childbirth;
 
(c) treating men and women less favourably on the basis of parenthood, family responsibility or for some other reason related to sex and, or sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity;
 
(d) any treatment based on a provision, criterion or practice which would put persons at a particular disadvantage compared with persons of the other sex or of the same sex or sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex.

In general terms, the scope of this act includes direct and indirect non discrimination at the place of work in all aspects of employment including advertising for recruitment, the recruitment process, who is offered employment, the terms upon which employment are offered, the way work tasks are divided, salary and benefits, training opportunities, promotions and also who is dismissed from employment.

In relation to any educational establishment providing vocational training or guidance, it is unlawful to discriminate in the access, award, selection and implementation of the curricula, in the assessment of the skills or knowledge of the students or trainees. 
 
Harassment and Sexual Harassment
 
Harassment and sexual harassment are also be deemed to constitute discrimination, and a person’s rejection or submission to harassment or sexual harassment may not be used as a basis for a decision affecting that person.
Harassment is defined as ‘unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.’

Sexual Harassment is defined as ’any form of unwanted physical, verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.’ It is unlawful for any person to sexually harass other persons by:
 
(a) subjecting other persons to an act of physical intimacy
 
(b) requesting sexual favours from other persons
 
(c) subjecting other persons to any act or conduct with sexual connotations, including spoken words, gestures, or the production, display or circulation of any written words, pictures or other material which are unwelcome to the person to which they are directed and can be reasonably regarded as offensive, humiliating or intimidating.
 
(d) Treating other persons less favourably because of their rejection or submission to a sexual request.
 
If a person is victimised for having made a complaint, or initiated/ participated in proceedings for redress, to the lawful authorities, discrimination is also considered to have occurred.

CONTACT INFORMATION:
 
 Contact Name 
National Commission for the Promotion of Equality (NCPE)
Gattard House,
National Road,
Blata l-Bajda HMR 9010
 
 Telephone
(+356) 2590 3850
 
 Fax
(+356) 2590 3851
 
 Email