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The Employment (Prevention of Discrimination) Act, 2020-26 - Adjustments in relation to Sexual Orientation of Workers

 


Introduction

Section 3 of The Employment (Prevention of Discrimination) Act, 2020-26 defines discrimination and outlines the circumstances under which one person is considered to discriminate against another, particularly based on specified grounds. 

Discrimination Defined

Discrimination occurs when a person, knowingly or unknowingly, directly or indirectly, makes distinctions, creates exclusions, or expresses preferences that result in subjecting another person to disadvantage, restriction, or detriment. Additionally, discrimination occurs when a person, intentionally or unintentionally, causes such disadvantages, restrictions, or detriments under specific circumstances.

The grounds for discrimination, as outlined in subsection (1), include characteristics such as sexual orientation. In simpler terms, if someone treats another person unfairly, unfavorably, or imposes restrictions on them based on their sexual orientation, it is considered discrimination under this Act. The Act also takes into account situations where certain requirements are imposed disproportionately on individuals with specific characteristics (like sexual orientation), making it difficult for them to comply, and where such requirements are deemed unreasonable in the given circumstances.

Sexual Orientation

Sexual orientation refers to an individual's emotional, romantic, or sexual attraction to people of the opposite sex, the same sex, or both sexes. It's about the pattern of one's attractions and the way they perceive and form relationships. Common categories of sexual orientation include:

  1. Heterosexual (Straight): Attraction to people of the opposite sex.
  2. Homosexual (Gay or Lesbian): Attraction to people of the same sex.
  3. Bisexual: Attraction to people of both the opposite and the same sex.
  4. Pansexual: Attraction to people regardless of their gender or gender identity.
  5. Asexual: Lack of sexual attraction to others or a low interest in sexual activity.
Required Adjustments at Work

Employers in Barbados are required, upon request, to make reasonable accommodations for employees under Section 7 of the Employment (Prevention of Discrimination) Act, 2020–26, particularly when such accommodations relate to any ground, including sexual orientation.

In the context of employment laws and regulations, making "reasonable adjustments" refers to modifying certain aspects of the work environment or conditions to accommodate the needs of an employee, particularly when they face challenges or disadvantages related to specific grounds, such as sexual orientation.

Reasonable adjustments could include as we have seen in other countries, access to toilets or restrooms. In the context of employment and accommodations, ensuring that facilities are accessible and inclusive is an important aspect. If an employee faces challenges or discrimination related to their sexual orientation that affects their access to toilets or restrooms, they may request adjustments to address these concerns.

Reasonable adjustments could also involve measures such as:

  • Gender-Neutral Facilities: Providing gender-neutral or unisex toilets can be a reasonable adjustment to accommodate individuals with diverse gender identities or sexual orientations.
  • Education and Training: Offering education and training to staff to create awareness and understanding about different gender identities and sexual orientations, fostering a more inclusive and supportive workplace.
  • Policy Modifications: Adjusting workplace policies to explicitly include provisions for the rights and needs of individuals based on their sexual orientation, ensuring equal access to facilities.
  • Flexible Work Arrangements: Providing flexible work schedules or remote work options, if applicable, to address concerns related to restroom use during specific times.
The specific adjustments would depend on the circumstances and the needs of the individual, and the goal is to create an environment where all employees feel respected, comfortable, and free from discrimination.










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