Employment and Industrial Relations Act (Cap. 452), article 26

26. (1) It shall not be lawful for any person - (a) when advertising or offering employment or when advertising opportunities for employment or when selecting applicants for employment, to subject any applicants for employment or any class of applicants for employment to discriminatory treatment; (b) in regard to employees already in the employment of the employer, to subject any such employees or any class of employees to discriminatory treatment, in regard to conditions of employment or dismissal. (2) For the purposes of this article, discriminatory treatment shall include: (a) the engaging or selection of a person who is less qualified than a person of the opposite sex, unless the employer can prove that the action was based on acceptable grounds related to the nature of the work or on grounds related to previous work performance and experience; (b) actions which apply to an employee, terms of payment or employment conditions that are less favourable than those applied to an employee in the same work or work o f e q u a l v a l u e , o n t h e b a s i s o f d i s c r i m i n a t o r y treatment; (c) actions whereby the employer knowingly manages the work, distributes tasks or otherwise arranges the working conditions so that an employee is assigned a clearly less favourable status than others on the basis EMPLOYMENT AND INDUSTRIAL RELATIONS [ CAP. 452. 21 of discriminat ory treatment. Cap. 413. (3) The provisions of sub-articles (1) and (2) shall be without prejudice to the rights and obli gations prescribed by the Equal Opportunities (Persons with Disability) Act , and shall not apply to any preference or exclusion which is reasonably justified takin g into account the nature of the vacancy to be filled or the employment offered, or where a required characteristic constitu tes a genuine and determining occupational requirement or where the requirements are established by any applicable l aws or regulati ons. (4) For the purposes of this a rticle, the term "offering employment" includes r ecruitment or training of any person with a view to engagement in employment and in regard to a person already in employment, includes also promotion to a higher grad e or engagement in a different class of employment Work of equal value.