Prevention of discrimination in employment

Oct 13, 2020 Letters

DEAR EDITOR,

Kaieteur News – Prevention of Discrimination Act Chapter 99:9 – No. 26 of 1997 provide for elimination of discrimination in employment, training, recruitment, and membership of professional bodies, and the promotion of equal remuneration to men and women in employment.
Under 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 advertisement of 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).
Promotion of Equal Remuneration – Part 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 breath 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 Organizations
Discrimination is unlawful against anyone in a partnership firm, a trade union, an organization 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 discriminate against any person on the ground as in 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 organizations. It is unlawful under the Act to pressure, induce or attempt to induce anyone to discriminate, or for anyone to commit an act of victimization 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

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