Section 4: Discrimination in employment and occupation

4. Discrimination in employment and occupation (1) (a) No worker shall be treated in a discriminatory manner by his employer in his employment or occupation. (b) No person shall be treated in a discriminatory manner by a prospective employer in respect of access to employment or occupation. (2) Any distinction, exclusion or preference in respect of a particular occupation based on the inherent requirements thereof shall not be deemed to be discrimination. (3) A person does not discriminate against another person by imposing or proposing to impose, on that other person, a condition, requirement or practice that has, or is likely to have, a disadvantaging effect, where the condition, requirement or practice is reasonable in the circumstances. (4) The matters to be taken into account in determining whether or not a condition, requirement or practice is reasonable in the circumstances include— (a) the nature and extent of the disadvantage resulting or likely to result, from the imposition or proposed imposition of the condition, requirement or practice; (b) the feasibility of overcoming or mitigating the disadvantage; and (c) whether the disadvantage is proportionate to the result sought to be achieved by the person who imposes, or proposes to impose the condition, requirement or practice. (5) For the purpose of this section— “discrimination” includes affording different treatment to different workers attributable wholly or mainly to their respective descriptions by age, race, colour, caste, creed, sex, sexual orientation, HIV status, religion, political opinion, place of origin, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; “employment” or “occupation” includes access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.