Equality at the Workplace

​Chapter 456 ​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 in Article 2(3) of this Act is defined 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, gender identity, gender expression or sex characteristics;

 (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, gender identity, gender expression or sex characteristic;​

 (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 is offered, the way work is managed and tasks are divided, salary and benefits, training opportunities, promotions and dismissal. Neglecting the obligation to supress sexual harassment at the workplace is also a form of discrimination. 

In relation to any educational establishment providing vocational training or guidance, it is unlawful to discriminate in the access to any course, vocational training or guidance; in the award of educational support; in the selection and implementation of the curricula; and in the assessment of the skills or knowledge of the students or trainees. Not supressing sexual harassment in educational establishments is also a form of discrimination.

Sexual Harassment

Sexual Harassment is also be deemed to constitute discrimination. 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.’ As per Article 9 of Cap 456, 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.