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Repetition

Legislative protection against discrimination. For many years, the Committee has been commenting that the existing legislation does not provide full legislative protection against discrimination as defined under the Convention. It has noted, in this context, that the Government has continued to refer to the forthcoming adoption of the Employment Rights Bill since 2004 and that the Barbados Workers’ Union had expressed disappointment at the time it was taking to enact legislation on sexual harassment and employment rights. The Committee notes that a new Employment Rights Act, 2012-9 has been adopted. Part VI addresses unfair dismissal for reasons relating to trade union membership or activities, real or perceived HIV or AIDS status, disability, pregnancy, or reasons that relate to the race, colour, gender, age, marital status, religion, political opinion or affiliation, national extraction, social origin or indigenous origin of the employee, or the responsibility of an employee for the care and welfare of a child or a dependent family member with a disability (section 27(1) and (3) and section 30(1)(c) ((i)–(iii), (v), (vii), (x) and (xi)(A)–(B)). While welcoming the inclusion of all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, and the additional grounds as foreseen in Article 1(1)(b), the Committee notes that the opportunity was not taken to ensure full legislative protection against direct and indirect discrimination, not only with respect to dismissal but in all aspects of employment and occupation and beyond dismissal, for all workers, and that the new Employment Rights Act does not contain provisions protecting against sexual harassment. Noting, however, the Government’s statement that discrimination legislation is currently being drafted by the Chief Parliamentary Counsel, the Committee requests the Government to take steps without further delay to address the protection gaps in the legislation, and to ensure that the discrimination legislation expressly defines and prohibits sexual harassment (both quid pro quo and hostile environment harassment), as well as direct and indirect discrimination in all aspects of employment and occupation, for all workers, and with respect to all the grounds set out in the Convention. In the meantime, the Committee requests the Government to provide information on the practical measures taken to ensure that workers are being protected in practice against discrimination with respect to all aspects of employment and occupation, on the grounds set out in the Convention.