Sunday, 10 April 2011

T&T Employment Discrimination (Part 2)

According to Part III of the Trinidad and Tobago Equal Opportunity Act 2000, Sections 8-10 outline the instances where discrimination can occur, with sections 11-14 highlighting the execptions to discrimination.


Discrimination against applicants
8. An employer or a prospective employer shall not discriminate against a person—

(a) in the arrangements he makes for the purpose of determining who should be offered employment;

(b) in the terms or conditions on which employment is offered; or

(c) by refusing or deliberately omitting to offer employment.

Discrimination against employees
9. An employer shall not discriminate against a person employed by him—

(a) in the terms or conditions of employment that the employer affords the person;

(b) in the way the employer affords the person access to opportunities for promotion, transfer or training or to any other benefit, facility or service associated with employment, or by refusing or deliberately omitting to afford the person access to them; or

(c) by dismissing the person or subjecting the person to any other detriment.

Vocational training
10. A person shall not discriminate against another person where that other person is seeking or undergoing training for any employment—

(a) in the terms or conditions on which that other person is afforded access to any training course or other facilities concerned with such training; or

(b) by terminating that other person’s training or subjecting that other person to any detriment during the course of training.

Exception: Genuine occupational qualification
11. (1) Sections 8 to 9 shall not apply in respect of discrimination on the grounds of sex in a case where being of a particular sex is a genuine occupational qualification for employment, promotion, transfer or training.

11. (2) Without limiting the generality of subsection (1), being of a particular sex is a genuine occupational qualification if—

(a) the duties relating to the employment can be performed only by a person having physical attributes (excluding physical strength or stamina) which only a person of a particular sex possesses;

(b) the duties relating to the employment or training involve participation in a dramatic performance or other entertainment in a capacity for which a person of a particular sex is required for reasons of authenticity;

(c) the duties relating to the employment or training involve participation as an artist’s photographic or exhibition model in the production of a work of art, visual image or sequence of visual images for which a person of a particular sex is required for reasons of authenticity;

(d) the duties relating to the employment or training need to be performed by a person of a particular sex to preserve decency or privacy;

(e) the nature of the establishment, or the part of it within which the work is done, requires the employment to be held by a person of a particular sex; or

(f) the person employed or being trained provides or is to provide persons of a particular sex with personal services concerning their welfare, education or health or similar personal services, and those services can most effectively be provided by a person of that particular sex.

11. (3) Sections 8 to 10 shall not apply in a case where—

(a) the duties relating to the employment or training involve participation in a dramatic performance or other entertainment in a capacity for which a person of a particular race is required for reasons of authenticity;

(b) the duties relating to the employment or training involve participation as an artist’s photographic or exhibition model in the production of a work or art, visual image or sequence of visual images for which a person of a particular race is required for reasons of authenticity.

Exception: Religious shop
12. Sections 8 to 10 shall not apply in respect of discrimination on the ground of religion in a case where being of a particular religion is a necessary qualification for employment in a religious shop.

Exception: Domestic services and family business
13. (1) Sections 8 to 10 shall not apply to the employment of not more than three persons in domestic or personal services in or in relation to the home of the employer.

13. (2) Notwithstanding sections 8 to 10, a family business may employ relatives in favour of non-relatives.

Exception: Inherent requirements, unjustifiable hardship, risk
14. Sections 8 to 10 shall not apply to the employment of a person with a disability if—

(a) taking into account the person’s past training, qualifications and experience relevant to the particular employment and, if the person is already employed by the employer, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of disability—

(i) would be unable to carry out the inherent requirements of the particular employment; or

(ii) would, in order to carry out those requirements, require services or facilities that are not required by persons without a disability and the provision of which would impose an unjustifiable hardship on the employer;

(b) because of the nature of the disability and the environment in which the person works or is to work or the nature of the work performed or to be performed, there is or likely to be—

(i) a risk that the person will injure others, and it is not reasonable in all the circumstances to take that risk; or

(ii) a substantial risk that the person will injure himself.

15 comments:

Anonymous said...

can an employer issue a warning notice to an employee if he or she is absent from work during the Christmas holidays

Trinbago Rights said...

Well, if an employee is absent without reason or notice after 3 days, that can be considered job abandonment, so a warning is actually a lesser penalty.

Mellesia Lewis said...

Are there laws in regards to transfers?

Trinbago Rights said...

How can you possibly expect a proper response with such a vague question?

Eddison Bahaw said...

if an employer gives a promotion to an employee to a supervisor position, is the employer obligated to increase the employee's salary, given that there is an increase in duties and responsibilities???

Trinbago Rights said...

That goes without saying...

Eddison Bahaw said...

What legal course of action can I take if my salary was not increased or if I was promised a salary increase and the time has thus passed without an increase?

Trinbago Rights said...

Unless you have a registered majority union representing you and your company, there isn't anything you can do about a promise - they aren't enforceable.

Kevin Boodram said...

Are there laws against discrimination in schools concerning teacher and student

Trinbago Rights said...

The Equal Opportunity Act, which is within the powers of the Equal Opportunity Commission. However, they are corrupted and engage in more discrimination than they are designed to fight.

http://www.newsday.co.tt/commentary/0,211615.html

Unknown said...

Hi, i have been working in a company for 1yr now and recently have become pregnant. I informed respective persons of management that i am expecting. At that time i was training for a higher position and after being confirmed for the position there has been an unfair treatment towards me whereby i am given warning letters to sign that has been full of untrue reports and when i spoke to management i told them i will not sign it they have been trying to find other ways to pressuring me into leaving or signing memos that could deem as evidence to use against me. What can i do about this?

Trinbago Rights said...

First step is always to put grievance in writing officially.

Anonymous said...

Hi, can someone be denied a job solely due to their hairstyle? Nb: The person's physical appearance would have no influence on their ability to do the job. Also the applicant's hair is not outrageous, it's simply african hair in cornrows.

Unknown said...

Under ministry of national security if u are discriminated against which specific laws can be applied ??

Trinbago Rights said...

You cannot ask such an obscure question. Cornrows: male or female? What kind of job is it: bank or hardware? Be serious...ask the question better than that.