Bill nixes gender discrimination

Equal pay and equal opportunity are promised by Cayman’s long-debated Gender Equality Bill, which was made public last week.

The bill makes it illegal for anyone to discriminate in hiring, pay or workplace opportunity on the basis of a person’s gender, with a few exceptions based on the type of job sought.  

“A person discriminates against another person …. if the person makes …. any distinction exclusion or preference, the intent or effect of which is to nullify or impair equality of opportunity or treatment in any employment or occupation,” the bill reads.  

The grounds for discrimination referred to in the law include the person’s sex, marital status, whether or not they are pregnant, or any other characteristic which pertains to gender.  

The proposal applies only to a person’s gender. Other areas of Cayman’s employment and immigration laws do allow for discrimination, for instance between the potential hiring of local or foreign labour. However, if the choice for a job was between a Caymanian man and a Caymanian woman, or an expatriate man and an expatriate woman, no preference could be given to either candidate based solely on sex.  

The bill applies to both the recruitment process through job advertisements, interviews and deciding who should be employed, as well as in the terms and conditions of employment, promotion and termination of employment. However, those protections do not apply to employment “for the purposes of a private household” or by “a private educational authority”, according to the proposed legislation.  

Religious bodies and certain charitable activities are also exempted from provisions of the Gender Equality Bill.  

Also, the bill does allow discriminatory hiring practices based on gender in special situations; for instance if the essential nature of the job calls for a man or woman for reasons of physique or if the person is likely to have physical contact with individuals of the opposite sex. Another exemption to the law is given if the business establishment or facility requires a person of a certain gender to maintain the “essential character” of the establishment.  

The proposal states an employer “shall not” pay unequal salaries or benefits to men and women performing work of “equal value.” “The burden of proof to establish that equal remuneration has been paid rests on the employer,” the bill reads.  

Sexual harassment is prohibited by the bill and is defined as “unwanted conduct of a sexual nature in the workplace or in connection with the performance of, or recruitment for work, which is threatened or imposed as a condition of employment on an employee or which creates a hostile working environment for the employee, being conduct which has the purpose of effect of violating the dignity of the employee or intimidating, degrading, humiliating, or offending the employee.”  

The bill, if passed by a majority of the members of the Legislative Assembly, would make it a crime to pressure another person to discriminate on the basis of gender. Threatening a person who makes a complaint about gender discrimination would also be a crime. Both measures are punishable by a $5,000 fine upon conviction.  

Tribunal  

The proposal seeks to establish a five-person ‘Gender Equality Tribunal’ to hear cases where complaints have been made under the law, if and when it is passed.  

Members are selected by Cabinet and the chairperson will be an attorney with at least 10 years experience. Other tribunal members are to be selected based on experience in the fields of gender and social development, human rights or labour. The bill sets a six month time limit on complaints; that means a gender discrimination complaint must be filed within six months of the alleged violation taking place.  

The tribunal is given summonsing powers by the bill and failure to appear before it is considered an offence in the proposal.