Prepared by Twain Callender- Bostic

Promoting Equality - Legal

Strategies for a Discrimination-
Free Workplace
 UNDERSTANDING EQUALITY IN THE
WORKPLACE AND DEFINING DISCRIMINATION
 UNDERSTANDING EQUALITY IN THE
WORKPLACE AND DEFINING DISCRIMINATION
Equality in the workplace refers to fair treatment
and opportunities for all employees, irrespective
of their race, gender, age, disability, sexual
orientation, religion, or any other characteristic
protected by law. Achieving equality fosters a
positive work culture, enhances employee morale,
and contributes to overall organisational success.
In today's workplace, creating a bias-free
environment is crucial for fostering equality and
inclusivity throughout the organisation. To ensure
such there must be a discrimination-free
environment which prevents bias and non-
inclusivity.
.

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 UNDERSTANDING EQUALITY IN THE
WORKPLACE AND DEFINING DISCRIMINATION
WHAT IS DISCRIMINATION?
Discrimination is the unfair or
prejudicial treatment of people and
groups based on characteristics such as
race, gender, age, or sexual orientation.
Discrimination is when a person is
treated disfavourably or when a person's
dignity is violated. The disfavourable
treatment or the violation of the person's
dignity must have a connection to one
of the seven grounds of discrimination.

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FORMS OF DISCRIMINATION
Direct Discrimination Indirect Discrimination

Direct discrimination is when a Indirect discrimination is when there is a rule or a

person is disadvantaged by being procedure that appears to be neutral but
treated less favourably than another disadvantages people of a certain sex, a certain
person in a comparable situation. sexual identity or expression, a certain ethnic
affiliation, a certain religion or belief, a certain
disability, a certain sexual orientation or a certain
age. The rule may then be discriminatory, even if
the same rule applies to everyone

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 EXAMPLES OF DISCRIMINATION
Direct Discrimination Indirect Discrimination
If someone applies for a job and meets the An example of indirect discrimination, may be a
requirements of the advertisement but is not minimum height requirement for a job where
invited to an interview, while someone else height is not relevant to carry out the role. Such a
who has the same or similar qualifications is requirement would likely discriminate
called for an interview, and the difference in disproportionately against women (and some
treatment is related to a ground of minority ethnic groups) as they are generally
discrimination such as the person's sex. shorter than men.

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THE LEGAL FRAMEWORK
 What Legal Framework is in Placed to
Protect Against Discrimination?
Legislation Trade Union
 Employment Rights Act 2012-09  Collective Agreement
 Employment (Prevention of Discrimination)  Policy Agreements
Act, 2020  Employee Representation
 The Constitution of Barbados
 The Sexual Harassment (Prevention) Act
HOW DOES THE LAW LEGISLATE
FOR NON-DISCRIMINATION?
Constitution of Barbados
Section 23:
no law shall make any provision
that is discriminatory either of
itself or in its effect; and
no person shall be treated in a
discriminatory manner by any
person acting by virtue of any
written law or in the performance
of the functions of any public
office or any public authority

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 HOW DOES THE LAW ENSURE
NON-DISCRIMINATION?
Employment (Prevention of Discrimination) Act, 2020
Section 3 (1):
the person, on a ground specified in subsection (2), directly or indirectly, whether intentionally or not, makes
a distinction, creates an exclusion or shows a preference, the intent or effect of which is to subject the other
person to any disadvantage, restriction or other detriment; or
the person, directly or indirectly, whether intentionally or not, subjects the other person to any disadvantage,
restriction or other detriment in the following circumstances:
a ground specified in subsection (2) applies to the other person;
as a consequence of the ground the other person does not comply, or is not able to comply, with a particular
requirement of the first-mentioned person;
the nature of the requirement is such that a substantially higher proportion of persons to whom the ground
does not apply complies, or is able to comply, with the requirement; and
the requirement is not reasonable in the circumstances.

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 WHAT ARE THE GROUNDS FOR
DISCRIMINATION??
Employment (Prevention of Discrimination) Act, 2020

Section 3 (2):
race; origin;
political opinion; trade union affiliation;
colour; creed;
sex; sexual orientation;
socialstatus; marital status;
domestic partnership status; pregnancy;
maternity; family responsibility;
medical condition; disability;
age; physical feature
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 How Does the Law aims to prevent
Discrimination?
Prevention of discrimination in
employment
Prevention of discrimination in Prohibition against testing for
relation to job creation and Section 5 of the medical condition
recruitment
Employment
(Prevention of Section 6 of the
Discrimination) Act, Employment
Section 4 of the 2020 (Prevention of
Employment Discrimination) Act,
(Prevention of 2020
Discrimination) Act,
2020
+
 PREVENTION OF DISCRIMINATION IN RELATION
TO JOB CREATION AND RECRUITMENT
Section 4 (1) and (2):
An employer shall not discriminate against a person
o in the creation of jobs;
o in the making of arrangements for determining who should be
offered employment;
o in the advertisement of employment;
o in determining who should be offered employment; or
o in the terms or conditions on which employment is offered.
o An employment agency shall not discriminate against a person
by refusing to provide the person with its services;
o in the terms or conditions on which it offers to provide the
person with its services;
o in the manner in which it provides the person with its services;
or
o in any other manner in which it facilitates the employment of
the person.

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 PREVENTION OF DISCRIMINATION
IN EMPLOYMENT
Section 5:
o An employer shall not discriminate against an employee in the terms or
conditions of employment that the employer affords the employee;

oin the provision of facilities or services related to or connected with employment;

oby the denial or restriction of access to opportunities for promotion, transfer or

training or to any other benefits associated with employment;

oby disciplinary action or dismissal; or

oby subjection to any other detriment.

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 PROHIBITION AGAINST TESTING
FOR MEDICAL TREATMENT
oSection 6:

o Subject to section 8, an employer shall not

require a person to answer questions in
relation to, or undergo a test for, a medical
condition as a precondition to entering into
a contract of employment or as a condition
for the continuance of employment.

This Photo by Unknown Author is licensed under CC BY-SA

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WHAT ARE THE
EXCEPTIONS
TO THE
GROUNDS FOR
DISCRIMINATIO
N?

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 EXCEPTIONS
SECTIONS 8-22
oUnjustifiable hardship
oMeasures intended to achieve equality
oCare of minors
oReligious bodies
oEducational institutions administered in
accordance with particular religious beliefs
oReligious appearance or dress
oCharities
oSport
oVisual and Performing Arts
oEmployment other than in a business
connection
oInsurance
oActs done in compliance with a court order

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 HOW DOES THE LAW
ENFORCEMENT
COMPLIANCE?
oWhere there is a complaint, the Employment Prevention of
Discrimination Act allows for the employee or person
discriminated against to make a complaint to the
Employment Rights Tribunal within three of the date of
the discrimination. The types of Complaints which can be
lodged can be found within Sections 23 to 29 of the Act.

oComplaint of discrimination in relation to job creation

and recruitment: Section 23- A person who alleges that
he has been discriminated against in contravention of
section 4 may, within 3 months of the date of the
occurrence of the discrimination, make a written
complaint to the Tribunal.

oComplaint of discrimination by employer: Section 25-

An employee who alleges that he has been discriminated
against by his employer in contravention of section 5 may,
within 3 months of the date of the occurrence of the
discrimination, make a written complaint to the Tribunal.

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 HOW DOES THE LAW
ENFORCEMENT
COMPLIANCE?
o Itis important to note that when making a
complaint to the Tribunal, it must be done
through the Chief Labour Officer. In essence,
when filing a complaint it must be formally
addressed to the Chief Labour Officer who will
then escalate the matter to the purview of the
Tribunal as per Section 30 of the Act.
o Section30 (1) : A complaint to be made to the
Tribunal under this Act shall be made through the
Chief Labour Officer.
o Section 30 (2): A complaint shall be taken to
have been made to the Tribunal on the date that it
is presented to the Chief Labour Officer.

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 WHAT ARE THE REMEDIES
AVAILABLE TO AN EMPLOYEE?
 REMEDIES
SECTION 32:
Where the Tribunal finds that a complaint under this Act is well founded, the Tribunal
a. shall make a declaration to that effect;
b. may order the respondent to
i. pay compensation to the complainant;
ii. make such adjustment for the complainant as may be reasonable in the circumstances;
iii. make available to the complainant, specific opportunities and privileges unfairly denied to the complainant;
iv. implement such policies or measures as the Tribunal may order to eliminate discrimination or terminate any
policies or measures that facilitate discrimination;
v. undertake counselling or training designed to eliminate discrimination;

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 HOW DOES THE TRADE UNION
PROMOTE EQUALITY AND NON-
DISCRIMINATION IN THE
WORKPLACE?
 THE TRADE UNION’S EFFECT
In addition to legal frameworks, the involvement of trade unions like the Barbados Workers' Union (BWU) plays a
crucial role in promoting equality and fostering a discrimination-free workplace environment.
◦ Advocacy and Employee Representation: The BWU serves as a powerful advocate for workers' rights, including
the right to equality and non-discrimination. Through collective bargaining agreements and negotiations with
employers, the BWU works to ensure that equality principles are enshrined in workplace policies and practices. An
example of such is the inclusion of grievance-handling policies within our Collective Agreements.
◦ Education and Training: The BWU organizes training programs and workshops for its members to raise
awareness about their rights under the law, including protections against discrimination. By empowering workers
with knowledge, the BWU helps them identify and address discriminatory practices in the workplace.
◦ Monitoring Compliance: The BWU actively monitors workplaces to ensure compliance with labour laws and
collective agreements, including provisions related to equality and non-discrimination. Through regular inspections
and audits, the union identifies potential areas of concern and works with employers to rectify any issues.

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 THE TRADE UNION’S EFFECT
◦ Policy Development: As a key stakeholder in labor relations, the BWU contributes to the development of policies
and legislation aimed at promoting equality and combating discrimination. The union's input helps shape laws and
regulations that reflect the needs and concerns of workers in Barbados.
◦ Collaborative Initiatives: The BWU collaborates with other organizations, including government agencies,
NGOs, and international bodies, to advance equality goals. By joining forces with like-minded partners, the union
amplifies its advocacy efforts and achieves greater impact in promoting a discrimination-free workplace.

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Summary
Promoting equality in the workplace
is not only a legal requirement but
also a fundamental aspect of
creating a conducive and thriving
work environment. By adopting legal
strategies organisations and
engaging trade unions can uphold
the principles of equality, foster
inclusivity, and drive sustainable
success.

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 Thank you
www.bwu.org.bb

https://www.facebook.com/DeliveringForAll

https://www.instagram.com/barbadosworkersunion
/

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