The Equal Opportunities Commission highlighted in its latest annual report that, despite the adoption of equal opportunities policies by many employers, their implementation remains insufficient. These policies are often perceived as simple legal compliance, with no real impact on the reality of the opportunities offered to individuals.
Age discrimination
Employers can justify offering lower salaries to younger employees, despite superior academic qualifications
“Despite laws and regulations in place to protect workers, age bias remains a concern in many organizations,” observes the Equal Opportunities Commission (EOC). The report notes that legal protections against age discrimination can be identified in the Equal Opportunities Act (EOA) of 2008 and the Workers' Rights Act of 2019.
Section 11(d) of the EOA states that no employer shall discriminate against an employee “by denying or limiting his or her access to opportunities for advancement, promotion, transfer, or training, or to any other benefit.” , installation or service related to employment”. However, section 13(5)(a) of the EOA provides that, in exceptional and necessary circumstances where age restrictions or requirements are essential, an employer may, under certain conditions, “discriminate on the basis of of age, when the job offer is limited to people of a certain age”.
However, according to the commission, this depends on the unique circumstances of each case, and employers should not exploit this provision to discriminate on the basis of age among their employees. “Section 5(a) of the Workers' Rights Act of 2019 sets out regulations regarding discrimination in the context of employment and professional activities. It defines discrimination as: 'granting different treatment to different workers attributable, wholly or mainly, to their respective age descriptions…'”
Age discrimination is not only harmful to the individuals involved, but also to the organizations themselves, as it can lead to a loss of talent, skills and experience. The commission also points out that there are various areas where this type of discrimination can be observed. “Such practices can make it difficult to recruit young individuals with little or no experience, often leading to them working in a different sector or being offered positions that do not match their qualifications. Employers can justify offering lower wages to younger employees, even when their qualifications warrant higher pay. This is a complex issue that affects employees at different stages of their careers, particularly younger workers,” observes the EOC.
The difficulties of those with a criminal record
“It was also noted that in Mauritius, people with criminal records face difficulties when seeking employment or when their employment is terminated due to their criminal past. » According to the commission, many employers require potential candidates or current employees to produce a character certificate to determine whether they have a criminal past. The amendment to the Equal Opportunities Act of 2008 aimed to find a beneficial solution for people with criminal records seeking employment. “Intensive research, discussions and modifications were carried out based on the Australian model to adapt it to the local context. In 2017, the bill to amend the EOA was introduced with the aim of promoting non-discrimination in the hiring of individuals. Another objective was to prohibit discriminatory behavior when promoting a person whose criminal past had no connection with the nature of his work,” argues the commission.
The alleged perpetrators in Mauritius
Public bodies in the crosshairs
It is within public organizations that the greatest number of discriminations are recorded. The number of complaints recorded during the last financial year in this sector stands at 186, while within parapublic bodies, the commission recorded no less than 154 complaints. At the private level, 73 complaints were filed.
