CAP. 226 [Rev. 2012] Employment (b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job; (c) employ a citizen in accordance with the national employment policy; or (d) restrict access to limited categories of employment where it is necessary in the interest of State security. (5) An employer shall pay his employees equal remuneration for work of equal value. (6) An employer who contravenes the provision of the section commits an offence. (7) In any proceedings where a contravention of this section is alleged, the employer shall bear the burden of proving that the discrimination did not take place as alleged, and that the discriminatory act or omission is not based on any of the grounds specified in this section. (8) For the purposes of this section— (a) “employee” includes an applicant for employment; (b) “employer” includes an employment agency; (c) an “employment policy or practice” includes any policy or practice relating to recruitment procedures, advertising and selection criteria, appointments and the appointment process, job classification and grading, remuneration, employment benefits and terms and conditions of employment, job assignments, the working environment and facilities, training and development, performance evaluation systems, promotion, transfer, demotion, termination of employment on disciplinary measures. [Corr. No. 1/2008.] 6. Sexual harassment (1) An employee is sexually harassed if the employer of that employee or a representative of that employer or a co-worker— (a) directly or indirectly requests that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains an implied or express— (i) promise of preferential treatment in employment; (ii) threat of detrimental treatment in employment; or (iii) threat about the present or future employment status of the employee; (b) uses language whether written or spoken of a sexual nature; (c) uses visual material of a sexual nature; or (d) shows physical behaviour of a sexual nature which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that by its nature has a detrimental effect on that employee’s employment, job performance, or job satisfaction. [Issue 1] 12

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