Dear Editor,
Who on either side of the charismatic divide would recall the legislation of 1997 titled the Prevention of Discrimination Act? Apart from the Preliminary Part I, the Act is constituted of the following parts:
II – Protection against Unlawful Discrimination
III – Protection against Discrimination in Employment
IV – Promotion of Equal Remuneration
V – Protection Against Discrimination by other bodies
VI – Protection against Discrimination in other areas
VII – General Exceptions
VIII – Offences Relating To Discrimination
IX – Burden of Proof
X – Penalties and Remedies
XI – Miscellaneous
But to stir the pot the following text of Part II and paragraphs 5(1) and 5(2) of Part III which follow, should be insightful enough for concerned parties to explore the full content of the Act.
‘Part II Protection Against Unlawful Discrimination – Prohibited grounds of discrimination’ states the following:
4. (1) For the purposes of this Act, a person discriminates against another person if the first mentioned person makes, on any of the grounds mentioned in subsection (2), any distinction, exclusion or preference the intent or effect of which is to nullify or impair equality of opportunity or treatment in any employment or occupation.
4. (2) The grounds referred to in subsection (1) are –
a) 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 purposes of retirement and restrictions on work and employment of minors;
b) any characteristic which appertains generally or is generally imputed to persons of a particular race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, political opinion, disability, family responsibility, pregnant state, marital status, or age except for purposes of retirement and restriction on work and employment of minors.
4. (3) Any act or omission or any practice or policy that directly or indirectly results in discrimination against a person on the grounds referred to in subsection (2), is an act of discrimination regardless of whether the person responsible for the act or omission or the practice or policy intended to discriminate.
Part III Protection against Discrimination in Employment alludes to Unlawful discrimination in employment:
5. (1) It shall be unlawful for any person who is an employer or any person acting or purporting to act on behalf of a person who is an employer, in relation to recruitment, selection or employment or any other person for purposes of training, apprenticeship or employment, to discriminate against that other person on the grounds listed in section 4 (2) –
a) in the advertisement of the job;
b) in the arrangements made for the purpose of determining who should be offered that employment;
c) in determining who should be offered employment;
d) in the terms or conditions on which employment is offered;
e) the creation, classification or abolition of jobs.
5. (2) It shall be unlawful for an employer to discriminate against an employee on the grounds listed in section 4 (2)
a) in terms or conditions or employment afforded to that employee by this employer;
b) in conditions or work or occupational safety and health measures;
c) in the provision or facilities related to or connected with employment;
d) by denying access, or limiting access to opportunities for advancement, promotion, transfer or training, or to any other benefits, facilities or services associated with employment;
e) by retrenching or dismissing the employee;
F) by subjecting the employee to any other disadvantage.”
Sincerely,
E.B. John
