Cap. 456 Art. 2Interpretation.

(1) In this Act, unless the context otherwise requires:

"Commissioner" means the Commissioner for the promotion of equality appointed under article 11, and Commission means the

Commission established under the said article; "discrimination" means discrimination based on sex or because of family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics and includes the treatment of a person in a less favourable manner than another person is, has been or would be treated on these grounds and "discriminate" shall be construed accordingly;

"employment" means any gainful activity including self-employment and includes promotion and transfer to another post, as well as access to vocational or professional training, the duration of the employment or its extension or termination; "Minister" means the Minister responsible for equality; ''self-employed workers" in line with Directive 2010/41EU of the European Parliament and the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, means all persons pursuing a gainful activity for their own account, and the spouses of self-employed workers not being employees or business partners, where they habitually participate in the activities of the self-employed worker and perform the same tasks or ancillary tasks; "sexual harassment" means the unlawful activities listed in article 9(1); "vocational training" includes all forms of vocational training and retraining.

(2) For the purposes of this Act, and unless the context otherwise requires, the terms "man" and "woman" include males and females irrespective of their age.

(3) For the purposes of subarticle (1) discrimination based on sex or because of family responsibilities or sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics is: or ethnic origin, or gender identity, gender expression or sex characteristics;

(b) treating a woman less favourably for reasons of actual or potential pregnancy or childbirth;

(c) treating men and women less favourably on the basis of parenthood, family responsibility or for some other reason related to sex and, or sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics;

(d) any treatment based on a provision, criterion or practice which would put persons at a particular disadvantage compared with persons of the other sex or of the same sex or sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex.

(4) Nothing in subarticle (2) shall be deemed to constitute discrimination in so far as such treatment -

(a) is given to grant special protection to women during childbirth or pregnancy;

(b) constitutes measures of positive action for the purpose of achieving substantive equality for men and women.

(4A) Indirect discrimination may be proved by any means of evidence including statistical evidence.

(5) In relation to access to employment, a less favourable treatment which is based on a characteristic related to sex shall not constitute discrimination where by reason of the particular occupational activities concerned, or of the context in which they are carried out, such a characteristic constitutes a genuine occupational requirement and where such treatment remains within the limits of what is appropriate and necessary in the circumstances: Provided that the burden of proof shall lie on the person who alleges that there is a genuine occupational requirement.