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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