S.L. 460.15 ст. 2Interpretation.

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

''advertisement'' means any form of advertisement, whether to the public or not and whether in a newspaper, magazine or other publication, on television or radio or on the internet or by display of a notice, poster, billboard, trailer or flyer or by any other means, and references to the publishing or display of advertisements shall be construed accordingly; ''Equality Commission'' means the National Commission for the Promotion of Equality for Men and Women set up under article 11 of the Equality for Men and Women Act, and ''the Commissioner''

shall have the same meaning assigned to it by article 2 of the same Act;

''discrimination'' means direct or indirect discrimination based on racial or ethnic origin and ''discriminate'' and ''discriminatory'' shall be construed accordingly; ''harassment'' of a person means to subject the person to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material and ''to harass'' a person shall be construed accordingly; ''the Minister'' means the minister responsible for equality;

''the Directive'' means the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; ''the relevant Act'' means the Equality for Men and Women Act.

(2) For the purposes of these regulations, but saving the provisions of sub-article (3) -

(a) direct discrimination shall be taken to occur where a person is treated less favourably than another person is, has been, or would be, treated in a comparable situation;

(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put a person at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;

(c) harassment shall be deemed to be discrimination when it is related racial or ethnic origin and takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment;

(d) an instruction to discriminate against persons on any ground mentioned in paragraph (c) shall be deemed to be discrimination.

(3) A less favourable treatment which is based on a characteristic related to any of the grounds mentioned in sub-article (2)(c) shall not constitute discrimination where by reason of the particular occupational activities concerned, or of the context in which they are carried out, the treatment is legitimate and the characteristic constitutes a genuine and determining occupational requirement which is proportionate in the circumstances:

Provided that the burden of proving a genuine and determining occupational requirement shall lie on the person who alleges its existence.

(4) This Order shall not apply to any differences of treatment based on nationality and are without prejudice to laws and conditions relating to the entry into and residence of third country nationals and stateless persons in Malta and to any treatment which arises from the legal status of these individuals concerned.