Revised Laws of Saint Lucia (2021)

268.   Prohibition on discrimination against applicant and employees

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    (1)   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 of any other person for purposes of training, apprenticeship or employment shall not discriminate against that other person on the grounds specified under section 267(2)—

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      (a)     in the advertisement of the job;

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      (b)     in the arrangements made for the purpose of determining who should be offered that employment;

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      (c)     in determining who should be offered employment;

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

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      (e)     in the creation, classification or abolition of jobs.

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    (2)   An employer shall not discriminate against an employee on the grounds specified under section 267—

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      (a)     in terms or conditions of employment afforded to that employee by the employer;

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      (b)     in conditions of work or occupational safety and health measures;

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      (c)     in the provision of facilities related to or connected with employment;

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      (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;

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      (e)     by making the employee redundant or dismissing the employee except as provided for under this Act; or

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      (f)     by subjecting the employee to any other disadvantage.

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    (3)   A person who contravenes subsection (1) or (2) is liable for damages on successful complaint to the Tribunal and the Tribunal may order the person to rectify the offending act in addition to the award of damages.

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    (4)   The burden of proving that subsection (1) or (2) was not contravened shall be on the person against whom the complaint is made.