LGBT Rights in Seychelles - Protection Against Employment Discrimination

Protection Against Employment Discrimination

The Employment Act, 1995 prohibits employment discrimination on the basis of sexual orientation. This prohibition was added to the Act in 2006. The Act provides as follows:

Section 2. In this act –

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"Chief Executive" means the person acting or discharging the functions of such office in the Ministry or, as the case maybe, the Department responsible for the administration of this Act;

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"harassment" means any such unfriendly act, speech or gesture of one person towards another person that is based on the other person's ... sexual orientation ... as would adversely affect the other person's dignity or make that person feel threatened, humiliated or embarrassed;

Section 46A. (1) Where an employer makes an employment decision against a worker on the grounds of the worker's ... sexual orientation ..., the worker may make a complaint to the Chief Executive stating all the relevant particulars.

(2) The Chief Executive shall hold an inquiry into the complaint, make a determination and communicate the determination to the worker and the employer, and where an act of discrimination is held to have been established, the determination shall include such directions to the employer as are necessary to redress the grievance complained of.

(3) An employer to whom a direction is issue under subsection (2) shall comply with the direction.

(4) For the purpose of this section -

"worker" includes a prospective worker;

"employer" includes a prospective employer;

"employment decision" means any decision relating to the recruitment, conditions of employment, wages, disciplinary control or termination of employment of a worker.

Section 46B. An employer shall not commit any act of harassment against a worker.