Prevention of discrimination in employment

Dear Editor,
Prevention of Discrimination Act Chapter 99:9 – No 26 of 1997 provides for the elimination of discrimination in employment, training, recruitment, and membership of professional bodies, and the promotion of equal remuneration to men and women in employment.
Part II (Section 4) the Act prohibits discrimination on the grounds of race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, economic status, political opinion, disability, family responsibilities, pregnancy, marital status, or age except for the purpose of retirement and restriction on work and employment of minors. The Act also prohibits discrimination against a person by distinction, exclusion or preference, the intent of which is to deny equality of opportunity or treatment in any employment or occupation.

Protection Against Discrimination in Employment – Part III (Section 5)
It is unlawful for any employer or his/her agent to discriminate in relation to recruitment, selection, or employment on any grounds, except where genuine occupational qualifications exist, in keeping with the Act, including discrimination:
* in the advertisement for the job;
* in determining who should be offered employment;
* in terms and conditions offered;
* the creation, classification or abolition of jobs;
* by retrenching or dismissing the employee;
* in conditions or work or occupational safety and health measures; or
* by denying access, or limiting opportunities for advancement, promotion, transfer or training connected with employment.
Sexual harassment against an employee by any employer – public or private employer — managerial employee or a co-worker, constitutes unlawful discrimination in line with Section 4 of this Act (Part III, Section 8).

l Remuneration – Parts IV and V
Employers, public and private, are obligated to pay equal remuneration – salaries and all other benefits – to men and women for work of equal value as defined in this Act (Section 9). The determining value factors are the content and breadth of the job, objectively evaluated, as distinct from high sounding job titles with little or no substantial job content. This is the favourite one for politicians in power to provide jobs for the boys and girls, at taxpayers’ expense.

Professional partnership and trade organisations
Discrimination is unlawful against anyone in a partnership firm, a trade union, an organisation of employers or employees on any grounds set out in Section 4 above. This relates to who should be offered a position as partners, members, or denying, limiting access to benefits, facilities, and services or treating them unfairly or expelling them, contrary to the provisions of this Act (Sections 10-11). It is also unlawful for an education authority or body or association, employment agencies to discriminate against anyone on any grounds contrary to Section 4 of this Act (Sections 12-14).

Protection against
discrimination in
other areas – Part VI
It is unlawful for any employment agency – private or public – to discarnate against any person on grounds as on Section 4 (2), as outlined in the first paragraph of this letter. It is also unlawful for a person who provides goods and services to discriminate against anyone contrary to Section 4 of this Act. Discrimination by subterfuge, by advertised publishing or in application forms is unlawful (Sections 15-18).

General exceptions – Part VII
In keeping with the provisions of this part, charities and religious bodies (Sections 19 and 20) are exempted by virtue of the nature of the organisations. It is unlawful under the Act to pressure, induce or attempt to induce anyone to discriminate, or for anyone to commit an act of victimisation as defined by the Act on pain of penalty of a fine (Sections 21 and 22).
The Act further provides for the burden of proof resting on the person or agency alleging a violation of this Act; the inclusion of general penalty, and supplemental (Sections 23-26).

Sincerely,
Samuel J Goolsarran