- 22 November, 2017: The Equal Opportunities Amendment Bill was voted in the National Assembly yesterday. The Bill makes provision for amendments to Sections 10 and 11 of the Equal Opportunities Act.
The Prime Minister, Minister of Home Affairs, External Communications and National Development Unit, Minister of Finance and Economic Development, Mr Pravind Kumar Jugnauth, pointed out the aim of the Bill is to provide effective solution so as to protect prospective employees with criminal records from discrimination both at recruitment and promotion level.
According to the Prime Minister, the set objectives are to increase the employability of persons who have been convicted of minor crimes and misdemeanours and to allow persons who have been convicted of more serious offences to be employable provided that such offences are not inherently related to the jobs these persons have applied for.
The proposal of these amendments is the result of extensive consultations, as well as research work regarding the practice in other countries and more particularly by the Australian model which will be adapted to the local context, he underlined.
The amendments that have been added to sections 10 and 11 of the Equal Opportunities Act, are as follows:
· Under Section 10, no employer or prospective employer shall discriminate against another person where that person has a criminal record which is irrelevant to the nature of the employment for which that person is being considered; and that the burden of establishing the relevance of the criminal record to the nature of employment shall rest with the employer or prospective employer.
· Under Section 11, no employer or prospective employer shall discriminate against another person where an employee has a criminal record which is irrelevant to the nature of the promotional post for which the employee is being considered; and that the burden of establishing the relevance of the criminal record to the promotional post shall rest with the employer.
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