S.L. 456.1 Art. 4Concept of discriminatory treatment. Cap. 452. Cap. 452.

(1) It shall be unlawful for a person to subject another person to discriminatory treatment, whether directly or indirectly, on the grounds of sex, including discriminatory treatment related to pregnancy or maternity.

(2) Without prejudice to the provisions of the Act and of the Employment and Industrial Relations Act: "direct discrimination" shall be deemed to occur where one person is treated less favourably, on grounds of sex, than another is, has been or would be treated in a comparable situation; and "indirect discrimination" shall be deemed to occur where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

(3) Harassment and sexual harassment shall also be deemed to constitute discrimination for the purposes of these regulations. A person’s rejection or submission to harassment or sexual harassment may not be used as a basis for a decision affecting that person.

(4) Without prejudice to the provisions of the Act and of the Employment and Industrial Relations Act:

"harassment" shall be deemed to occur where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment; and "sexual harassment" shall be deemed to occur where any form of unwanted physical, verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

(5) For the purposes of these regulations, any person or organisation to whom these regulations apply shall also be deemed to have discriminated against a person if they neglect their obligation to prevent any form of harassment or sexual harassment within their organisation.

(6) Instruction to direct or indirect discrimination on the grounds of sex shall be deemed to be discrimination within the meaning of these regulations.

(7) Discrimination shall also be deemed to have occurred when a person is victimised for having made a complaint to the lawful authorities or for having initiated or participated in proceedings for redress on grounds of alleged breach of the provisions of these regulations, or for having disclosed information, confidential or otherwise, to a designated public regulating body, regarding alleged illegal or corrupt activities being committed by any person falling within the scope of these regulations or by persons acting in such person’s name and interests.

(8) These regulations shall not preclude differences in treatment, if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.