Section 2: Interpretation

2. Interpretation In this Act— “accommodation” includes residential, business and commercial accommodation; “Chairperson” means the Chairperson of the Commission; “charitable benefit” means a benefit for a purpose that is charitable, having regard to the status of the recipients or, in the case of a body of persons, to the objects of the body; “club” means a registered association formed for sporting, cultural or other recreational activities; “Commission” means the Equal Opportunities Commission established under section 27; “complaint” means a complaint made under section 28 or 29; “contract worker” means an employee of a job contractor; “discriminate” means— (a) discriminate directly on the ground of status, as provided under section 5; (b) discriminate indirectly on the ground of status, as provided under section 6; or (c) discriminate by victimisation, as provided under section 7; “educational institution” means a university, college, school or other body where education or training is provided; “employee”— (a) includes— (i) a person who has entered into, or works under, a contract of apprenticeship; and (ii) a part-time or temporary employee; but (b) does not include a job contractor; [Issue 4] E13A – 2 Revised Laws of Mauritius “employer” includes a person, an enterprise, the State, a statutory corporation, a body of persons employing a worker, or a group of employers or a trade union of employers; “employment” includes— (a) part-time or temporary employment; (b) work under a contract for services; (c) work under a contract of apprenticeship; and (d) the employment of a job contractor; “employment agency” means a business set up for the purpose of placing persons in employment in Mauritius or abroad; “facilities” includes facilities— (a) for entertainment, recreation or refreshment; (b) for transport or travel; and (c) provided by any profession, trade or business relating to the activities of the State, a local authority or a parastatal body; “impairment” means— (a) total or partial loss of a bodily function; (b) the presence in the body of organisms that may cause disease; (c) total or partial loss of a part of the body; (d) malfunction of a part of the body, including— (i) a mental or psychological disease or disorder; (ii) a condition or disorder that results in a person learning more slowly than people who do not have that condition or disorder; (e) malformation or disfigurement of a part of the body; “investigation” means an investigation conducted under section 30; “job contractor”— (a) means a person who employs a person to perform any work or service which he has contracted to do or provide, for a principal; and (b) includes a contractor who is engaged in the provision of work or services for the State, a local authority or a parastatal body; “law practitioner” has the same meaning as in the Law Practitioners Act; “marital status” means the condition of being— (a) single; (b) civilly or religiously married; (c) married but living separately from one’s spouse; E13A – 3 [Issue 4] Equal Opportunities Act (d) divorced; (e) widowed; or (f) a single parent; “member”— (a) means a member of the Commission; and (b) includes the Chairperson; “officer”, in relation to a company, partnership, société, registered association or club, means a person who is responsible for the management of the affairs of the body concerned; “principal” means a person for whom a job contractor has contracted to do or provide any work or service; “regis separately from one’s spouse; E13A – 3 [Issue 4] Equal Opportunities Act (d) divorced; (e) widowed; or (f) a single parent; “member”— (a) means a member of the Commission; and (b) includes the Chairperson; “officer”, in relation to a company, partnership, société, registered association or club, means a person who is responsible for the management of the affairs of the body concerned; “principal” means a person for whom a job contractor has contracted to do or provide any work or service; “registered association”— (a) has the same meaning as in the Registration of Associations Act; but (b) does not include a club; “relevant law” means any enactment other than this Act dealing with the subject matter of discrimination; “religious shop” means a business set up for selling articles of a religious character; “respondent” means a person against whom a complaint has been made; “services” includes services relating to— (a) banking, insurance or the provision of grants, loans, credit or finance; (b) entertainment, recreation or refreshment; (c) access to and use of a place to which the public or a section of the public has access; (d) transport or travel; (e) accommodation in a hotel, guest house or similar establishment; (f) any profession, trade or business; and (g) the activities of the State, a local authority or parastatal body; “sexual orientation” means homosexuality (including lesbianism), bisexuality or heterosexuality; “spouse”, in relation to a person, means the person to whom he is, or has been, civilly or religiously married; “status” means age, caste, colour, creed, ethnic origin, impairment, marital status, place of origin, political opinion, race, sex or sexual orientation; [Issue 4] E13A – 4 Revised Laws of Mauritius “tertiary education institution” has the same meaning as in the Tertiary Education Commission Act; “Tribunal” means the Equal Opportunities Tribunal referred to in section 34. [S. 2 amended by s. 3 of Act 31 of 2011 w.e.f. 31 December 2011.]