Understanding the Employment (Prevention of Discrimination) Act, 2020 – Barbados

 

Written by Peter MacD Earle BSc, LLM (Employment Law)

In August 2020, Barbados enacted the Employment (Prevention of Discrimination) Act, 2020, significantly enhancing workplace protections by explicitly outlawing direct and indirect discrimination across a broad range of personal attributes. Crucially, EPoDA is intended to be read alongside—and where necessary overrides—the Employment Rights Act, 2012 (Act 2012 9). 

It leverages the Employment Rights Tribunal, established under section 6 of the ERA, as the exclusive forum for adjudicating discrimination complaints. In cases where the two Acts intersect, EPoDA prevails and the ERA is adapted to fulfil EPoDA’s provisions—ensuring consistent enforcement under the Tribunal’s jurisdiction.

1. What the Act Covers

In Barbados, the Employment (Prevention of Discrimination) Act, 2020 protects individuals from unfair treatment at work based on certain personal traits known as protected characteristics. Employers are prohibited from both direct and indirect discrimination—intentional or not—across all employment stages, including hiring, job terms, promotion, training, and dismissal.

Protected Characteristics

Under Section 3 of the Act, a protected characteristic is a personal attribute that the law shields from workplace discrimination. It includes:

• Age

• Sex or gender (including pregnancy)

• Sexual orientation

• Marital or domestic partnership status

• Race, colour, creed, religion, or social origin

• Medical condition (including HIV/AIDS)

• Disability

• Family responsibilities

• Nationality or citizenship

• Political belief or labour union affiliation

These characteristics are considered intrinsic to a person’s identity or life situation. The Act makes it unlawful for an employer to disadvantage anyone based on any of these traits—even unintentionally—when making decisions about recruitment, working conditions, promotions, training, discipline, facility access, or termination. 

Meaning of Discrimination

Under Section 3, discrimination occurs when someone (intentionally or not) treats another less favourably—or places them at a disadvantage—due to these characteristics. This includes creating exclusions or showing preference with adverse effect.

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2. Where Discrimination Can Occur

Recruitment & Job Setup

Employers must not:

• Post biased job ads

• Screen applicants unfairly

• Offer contracts with discriminatory terms

Example: Advertising a sales role with the phrase “female candidate preferred” is unlawful.

Terms of Employment & Work Conditions

Discrimination cannot occur in promotion decisions, training access, shift allocation, disciplinary measures, or dismissal.

Example: Denying promotion to a qualified employee because she is pregnant violates the Act.

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3. Special Provisions: Medical Testing, Disability & Polygraph Use

Under the Employment Rights Act of Barbados (see: barbadosparliament.com), employers are subject to strict limitations regarding medical testing and accommodations:

Medical Testing & Disability Accommodations

• Employers cannot require job applicants or staff to disclose medical conditions or undergo testing unless it is genuinely necessary for the specific role.

• They are legally obligated to provide reasonable accommodations for:

o Disabilities (e.g., interpreters, adaptive equipment)

o Family responsibilities (e.g., flexible scheduling)

• Exceptions only apply where:

• The medical requirement is essential to the job function, and

• Providing accommodation would result in unjustifiable hardship.

Example: A deaf employee cannot be compelled to attend meetings without an interpreter—doing so may constitute discrimination.

Truth Verification Testing at Bridgetown Port: A Controversial Shift

The decision by the Government of Barbados and Barbados Port Inc. to introduce truth verification testing (TVT)—commonly known as lie detector screenings—at the Bridgetown Port is a pivotal and polarizing development.

Since July 15, 2025, all individuals seeking access to designated secure zones may be asked to undergo polygraph testing. According to the administration, this measure is part of a broader initiative to enhance national security amid Barbados’s escalating crisis of gun-related violence and illegal firearms proliferation. The policy aims to ensure that only trusted individuals can access sensitive infrastructure, especially given the Port’s strategic role as a national entry point.

The use of TVT is not entirely new to the Port—it has reportedly been utilized in staff recruitment since 2019. However, its expanded application has sparked concerns:

• Stakeholder Exclusion: The National Union of Public Workers (NUPW) has stated it was not consulted, raising serious questions about procedural transparency and respect for labor representation.

• Voluntary vs. Compulsory: While participation is nominally voluntary, reports indicate that refusal may lead to reassignment—blurring the line between consent and coercion.

• Legal and Ethical Safeguards: In jurisdictions where polygraph testing is used, it is typically governed by clear legal frameworks, independent oversight, and robust worker protections. These elements appear lacking in Barbados’s current rollout.

While lie detector testing may have a role in high-security settings—such as customs, border control, and anti-corruption enforcement—it must not replace holistic reforms. Independent audits, surveillance systems, asset tracking, and whistleblower protections are often more effective and less intrusive.

The Anti-Corruption and Anti-Terrorism Agency, tasked with implementing the policy, carries significant responsibility. To maintain legitimacy, it must prioritize:

• Transparent protocols

• Safeguards against misuse

• A clear appeals process for affected individuals

Ultimately, the issue is one of trust. Barbadians must trust that their government is protecting both public safety and civil liberties. Workers must trust that their rights will not be sacrificed in the name of security. Any lasting solution demands not just vigilance, but balanced, rights-respecting governance.

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4. Legal Enforcement & Process

Complaint Procedures

• Affected individuals must first report to their employer.

• If unresolved, escalate through the Chief Labour Officer (CLO)—who may attempt conciliation.

• Complaints can then be formally lodged with the Employment Rights Tribunal within and subject to a standard time frame, though extensions are possible.

• Tribunals may award compensation, injury claims, and corrective measures, up to reinstatement.

• Representative groups or unions can also act on employees’ behalf.

Policy Obligations & Protections

• Employers are required to establish and distribute a written anti-discrimination policy, following the first schedule of the Act.

• Complaints and medical information must remain confidential.

• Workers are protected against victimisation or punitive treatment if they file complaints.

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5. Real-world Illustrations

scenario types of workplace discrimination under Barbados law:

Scenario	What’s Unlawful	Why It Breaches the Act
Excluding applicants over 55 years old	Age-based discrimination in recruitment	Age is a protected characteristic under Section 3 of EPoDA
Dismissing a nurse for being HIV‑positive	Denial of rights on the basis of medical condition	Medical condition (including HIV/AIDS) is a protected trait
Refusing training accommodations to a single mother	Failure to accommodate family responsibility	Family responsibilities are explicitly protected
Not promoting an employee in a domestic partnership	Penalizing marital or partnership status	Domestic partnership/marital status is protected under EPoDA

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6. Why It’s Crucial

• Legal Clarity: Clear guidelines help employers avoid costly lawsuits and reputational damage.

• Human Rights Compliance: The Act aligns Barbados with international norms, including employment protections based on sexual orientation—a milestone baseline for equality.

• Inclusive Workforce: Proactive policies foster diversity, productivity, and trust.

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Case Law Example from Barbados

A relevant local precedent: in a 2024 Employment Rights Tribunal case involving Rubis (a petroleum vendor), a requirement that unvaccinated employees undergo weekly COVID testing at their own expense was deemed discriminatory. The Tribunal found that imposing test costs due to medical status (vaccination refusal) violated the Act’s medical discrimination provisions. No compensation was awarded because the issue became moot, but it clarified protections around medical-related job conditions. 

7. Recommendations

Employers Should:

• Implement and circulate the written anti-discrimination policy.

• Conduct training sessions on workplace equality.

• Set up a confidential system to handle workplace disputes.

• Integrate policy into broader HR practices, especially around recruitment and dismissal.

Employees Should:

• Familiarize themselves with protected rights.

• Report suspected discrimination to a supervisor or HR.

• Escalate unresolved matters to the CLO and Tribunal if necessary.

• Seek support from unions or representative groups in group complaints.

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Final Thoughts

The Employment (Prevention of Discrimination) Act, 2020 significantly fortifies workforce equality in Barbados. Employers must uphold inclusive hiring and workplace standards. Employees now have formal recourse when faced with discrimination—even in recruitment or medical-related contexts. By understanding its scope and examples, all parties can promote a fair and respectful workplace.

Should you need help designing workplace policies or preparing a complaint? I’m here to help. Call me at 238-1094!